Automotive

Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)

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Feb 24, 2008
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AznVengence wrote: I got a simple city of Vaughan parking ticket - 4(7)(b)

"no parking on streets between 2am-6am"

I am in the wrong and it's only $35. But should I just dispute it and hope he doesn't come? If I do dispute it and he comes, can I just say I changed my mind and I'll pay the fine?


Thanks!
Follow the steps on the first post that are specific to fighting parking tickets in addition to the last step which states what you can expect to happen at trial. If you have any questions about it, let me know.

djino
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I just paid $110 online for getting caught by a camera for speeding in Quebec, will this affect my insurance? I live in ONT.
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LostInTruth wrote: I just paid $110 online for getting caught by a camera for speeding in Quebec, will this affect my insurance? I live in ONT.
No this should not have an affect on your insurance, since photo radar does not identify the driver, just the vehicle.

djino
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Aug 7, 2012
9 posts
TORONTO
I had my day in court and in the end it was a good one for me. Here are the details:

As soon as I got into the court room I saw the PO. While I was waiting in line to speak with the prosecutor I heard the prosecutor offering deals to all those in front of me and later I realized that most if not all accepted the deals. At one point I hear the prosecutor asking Officer #xxxxx then telling the defendant to step outside so the officer can show/explain the notes and the defendant accepted and left the room with the PO. The same thing happened 3 or 4 times and one of the officers was the one in my case.

When it was my turn the prosecutor started by saying what I was charged with and then she offered me a deal. I told her that I did stop before the stop line and I cannot accept ANY deals and also that I have an application to stay the proceedings (non disclosure). She looked for my application, read it for about 40 (long) sec. and then told me to go and sit down.

Next the JP came and the prosecutor started calling defendants. I had other things on my mind so I wasn’t paying attention but if I’m not mistaken there was 1 or maybe 2 cases when charges were dropped (11b) and in 1 case there was an adjournment. In all these cases there was someone representing the defendants but do not jump to conclusions because the very same guy pleaded guilty for other clients. Other than the above cases everybody else has pleaded guilty.

When my name was called there were only 2 or 3 ppl left in the room other than the police officers. The prosecutor told the JP that I have an application to stay the proceedings and she withdrew the charges. The JP agreed and told me that I can go. That’s all.

One more thing, the JP was very patient with the defendants and lowered the fine for everybody who asked and in one case even suspended the fine. The only exception was with a lady that was begging to have the fine reduced and he explained her twice that the law imposes a minimum and there’s nothing that he can do other than give her more time to pay (6-9 months).

PS. Thanks again to djino for “pushing” me to submit the stay application.
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Jan 16, 2008
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OR6459 wrote: I had my day in court and in the end it was a good one for me. Here are the details:

As soon as I got into the court room I saw the PO. While I was waiting in line to speak with the prosecutor I heard the prosecutor offering deals to all those in front of me and later I realized that most if not all accepted the deals. At one point I hear the prosecutor asking Officer #xxxxx then telling the defendant to step outside so the officer can show/explain the notes and the defendant accepted and left the room with the PO. The same thing happened 3 or 4 times and one of the officers was the one in my case.

When it was my turn the prosecutor started by saying what I was charged with and then she offered me a deal. I told her that I did stop before the stop line and I cannot accept ANY deals and also that I have an application to stay the proceedings (non disclosure). She looked for my application, read it for about 40 (long) sec. and then told me to go and sit down.

Next the JP came and the prosecutor started calling defendants. I had other things on my mind so I wasn’t paying attention but if I’m not mistaken there was 1 or maybe 2 cases when charges were dropped (11b) and in 1 case there was an adjournment. In all these cases there was someone representing the defendants but do not jump to conclusions because the very same guy pleaded guilty for other clients. Other than the above cases everybody else has pleaded guilty.

When my name was called there were only 2 or 3 ppl left in the room other than the police officers. The prosecutor told the JP that I have an application to stay the proceedings and she withdrew the charges. The JP agreed and told me that I can go. That’s all.

One more thing, the JP was very patient with the defendants and lowered the fine for everybody who asked and in one case even suspended the fine. The only exception was with a lady that was begging to have the fine reduced and he explained her twice that the law imposes a minimum and there’s nothing that he can do other than give her more time to pay (6-9 months).

PS. Thanks again to djino for “pushing” me to submit the stay application.
how long since the infraction so that Prosecutor withdrew the charges due to your stay application?
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johnsmithy wrote: I posted this on the parking tickets thread but it doesn't seem to be as active as this one.

djino, I hope you can shed some light on my situation.

I received a parking ticket in toronto on Givins St. about 1/4 block south of Argyle St., just north/left of the sign post of first image on a saturday at 3:30pm. There is nothing on any of these signs that prohibit me from parking there on Saturday for a couple of hours.

[IMG]http://img267.imageshack.us/img267/4523 ... tsouth.jpg[/IMG]

It was for parking too long and the time on the ticket was from about 2pm to 3:30pm so about 1.5 hrs elapsed. After getting the ticket, I checked the entire street from argyle down to queen and the only sign that stated 1 hour parking was on the north east corner of Argyle and Givins (see the closest sign in next image) which is on the block north of the the block where I parked.

[IMG]http://img138.imageshack.us/img138/9052 ... targyl.jpg[/IMG]

It doesn't seem logical or fair to have a street sign so sporadically placed and none on the same block then give a parking ticket for it. How far are we suppose to check for signage before we can park safely and legally?

Thanks in advance.
johnsmithy wrote: It must have been removed because there isn't a sign there now. I have a photo I took myself and it has the same 4 signs shown in the Google maps image:

1. Student pick-up and drop-off area (to the south, pointing away from my spot)
2. No parking from 8am to 5pm monday to friday (to the north, pointing towards my spot, but it was Saturday)
3. No parking 9am to 11:30am and 1:30pm to 3:15pm monday to friday (to the south, pointing away from my spot)
4. 15 minute parking 7:15am to 9am and 11:30am to 1:30pm and 3:15pm to 6pm monday to friday (to the south, pointing away from my spot)

I did see the 1hr parking signs on Argyle and that's why I turned onto Givins which had no visible 1 hr signs.
johnsmithy wrote: The time of infraction was 1:58PM to 3:22PM and the tickets states:

(CODE 6) PARK SIGNED HIGHWAY IN ACCESS OF PERMITTED TIME.
djino wrote: I have opened up Google Maps myself of the area. Looking back at your photos, your first photo shows the signs on one side of the street and the other photo shows the signs on the other side of the street further up (Argyle/Givins). What side of the street were you parked and exactly where were you parked (i.e. North of the sign in the first photo).

djino
All the photos show signs on the East side of Givins. I was parked on the East side, just North of the signs in the first photo. There was no parking allowed on the West side of Givins.

The second photo is showing the sign on the North-East corner of Argyle & Givins which is on the next block North of the block I was parked on (about 67 meters North of where I was parked according to Google Maps). This was the closest sign indicating 1 hr parking to where my car was. No such sign was on Givins from South of Argyle to Queen.
=============
Heatware
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Feb 24, 2008
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OR6459 wrote: I had my day in court and in the end it was a good one for me. Here are the details:

As soon as I got into the court room I saw the PO. While I was waiting in line to speak with the prosecutor I heard the prosecutor offering deals to all those in front of me and later I realized that most if not all accepted the deals. At one point I hear the prosecutor asking Officer #xxxxx then telling the defendant to step outside so the officer can show/explain the notes and the defendant accepted and left the room with the PO. The same thing happened 3 or 4 times and one of the officers was the one in my case.

When it was my turn the prosecutor started by saying what I was charged with and then she offered me a deal. I told her that I did stop before the stop line and I cannot accept ANY deals and also that I have an application to stay the proceedings (non disclosure). She looked for my application, read it for about 40 (long) sec. and then told me to go and sit down.

Next the JP came and the prosecutor started calling defendants. I had other things on my mind so I wasn’t paying attention but if I’m not mistaken there was 1 or maybe 2 cases when charges were dropped (11b) and in 1 case there was an adjournment. In all these cases there was someone representing the defendants but do not jump to conclusions because the very same guy pleaded guilty for other clients. Other than the above cases everybody else has pleaded guilty.

When my name was called there were only 2 or 3 ppl left in the room other than the police officers. The prosecutor told the JP that I have an application to stay the proceedings and she withdrew the charges. The JP agreed and told me that I can go. That’s all.

One more thing, the JP was very patient with the defendants and lowered the fine for everybody who asked and in one case even suspended the fine. The only exception was with a lady that was begging to have the fine reduced and he explained her twice that the law imposes a minimum and there’s nothing that he can do other than give her more time to pay (6-9 months).

PS. Thanks again to djino for “pushing” me to submit the stay application.
NICE!! Congrats OR6459.

Its nice to see another success story. Glad to see your late submission of the stay app still worked as I figured it would. Must feel good to be conviction free.

djino
"Good Job!"
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sienna owner wrote: how long since the infraction so that Prosecutor withdrew the charges due to your stay application?
The stay application was based on not receiving disclosure.

djino
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Feb 24, 2008
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johnsmithy wrote: I posted this on the parking tickets thread but it doesn't seem to be as active as this one.

djino, I hope you can shed some light on my situation.

I received a parking ticket in toronto on Givins St. about 1/4 block south of Argyle St., just north/left of the sign post of first image on a saturday at 3:30pm. There is nothing on any of these signs that prohibit me from parking there on Saturday for a couple of hours.

[IMG]http://img267.imageshack.us/img267/4523 ... tsouth.jpg[/IMG]

It was for parking too long and the time on the ticket was from about 2pm to 3:30pm so about 1.5 hrs elapsed. After getting the ticket, I checked the entire street from argyle down to queen and the only sign that stated 1 hour parking was on the north east corner of Argyle and Givins (see the closest sign in next image) which is on the block north of the the block where I parked.

[IMG]http://img138.imageshack.us/img138/9052 ... targyl.jpg[/IMG]

It doesn't seem logical or fair to have a street sign so sporadically placed and none on the same block then give a parking ticket for it. How far are we suppose to check for signage before we can park safely and legally?

Thanks in advance.

johnsmithy wrote: I have a photo I took myself and it has the same 4 signs shown in the Google maps image:

1. Student pick-up and drop-off area (to the south, pointing away from my spot)
2. No parking from 8am to 5pm monday to friday (to the north, pointing towards my spot, but it was Saturday)
3. No parking 9am to 11:30am and 1:30pm to 3:15pm monday to friday (to the south, pointing away from my spot)
4. 15 minute parking 7:15am to 9am and 11:30am to 1:30pm and 3:15pm to 6pm monday to friday (to the south, pointing away from my spot)

I did see the 1hr parking signs on Argyle and that's why I turned onto Givins which had no visible 1 hr signs.

johnsmithy wrote: The time of infraction was 1:58PM to 3:22PM and the tickets states:

(CODE 6) PARK SIGNED HIGHWAY IN ACCESS OF PERMITTED TIME.
djino wrote: I have opened up Google Maps myself of the area. Looking back at your photos, your first photo shows the signs on one side of the street and the other photo shows the signs on the other side of the street further up (Argyle/Givins). What side of the street were you parked and exactly where were you parked (i.e. North of the sign in the first photo).

djino
johnsmithy wrote: All the photos show signs on the East side of Givins. I was parked on the East side, just North of the signs in the first photo. There was no parking allowed on the West side of Givins.

The second photo is showing the sign on the North-East corner of Argyle & Givins which is on the next block North of the block I was parked on (about 67 meters North of where I was parked according to Google Maps). This was the closest sign indicating 1 hr parking to where my car was. No such sign was on Givins from South of Argyle to Queen.
Ah ok, I see it now.

Well this maybe a good argument to make at trial, but I would start with following post #44 in dealing with the parking ticket. Once you have received disclosure, we can discuss using this as an defence at trial.

djino
Newbie
Aug 7, 2012
9 posts
TORONTO
djino wrote: NICE!! Congrats OR6459.

Its nice to see another success story. Glad to see your late submission of the stay app still worked as I figured it would. Must feel good to be conviction free.

djino
"Good Job!"
You’re right it feels very good to be conviction free for over 20 years but the whole experience left a bad taste in my mouth.

I forgot to mention that when a defendant was pleading guilty the JP has taken a lot of time to make sure that she understood what pleading guilty means (she was using an interpreter) and at one point he told her (maybe so she wouldn’t feel so bad) that the charge failing to stop 136 (1)(a) has very limited … and I lost him. It was really encouraging to hear the JP saying that when I was “prepared” to fight the same charge, with the PO in the court room and without any disclosure.
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Feb 7, 2005
1541 posts
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Toronto
johnsmithy wrote: I posted this on the parking tickets thread but it doesn't seem to be as active as this one.

djino, I hope you can shed some light on my situation.

I received a parking ticket in toronto on Givins St. about 1/4 block south of Argyle St., just north/left of the sign post of first image on a saturday at 3:30pm. There is nothing on any of these signs that prohibit me from parking there on Saturday for a couple of hours.

[IMG]http://img267.imageshack.us/img267/4523 ... tsouth.jpg[/IMG]

It was for parking too long and the time on the ticket was from about 2pm to 3:30pm so about 1.5 hrs elapsed. After getting the ticket, I checked the entire street from argyle down to queen and the only sign that stated 1 hour parking was on the north east corner of Argyle and Givins (see the closest sign in next image) which is on the block north of the the block where I parked.

[IMG]http://img138.imageshack.us/img138/9052 ... targyl.jpg[/IMG]

It doesn't seem logical or fair to have a street sign so sporadically placed and none on the same block then give a parking ticket for it. How far are we suppose to check for signage before we can park safely and legally?

Thanks in advance.
johnsmithy wrote: It must have been removed because there isn't a sign there now. I have a photo I took myself and it has the same 4 signs shown in the Google maps image:

1. Student pick-up and drop-off area (to the south, pointing away from my spot)
2. No parking from 8am to 5pm monday to friday (to the north, pointing towards my spot, but it was Saturday)
3. No parking 9am to 11:30am and 1:30pm to 3:15pm monday to friday (to the south, pointing away from my spot)
4. 15 minute parking 7:15am to 9am and 11:30am to 1:30pm and 3:15pm to 6pm monday to friday (to the south, pointing away from my spot)

I did see the 1hr parking signs on Argyle and that's why I turned onto Givins which had no visible 1 hr signs.
johnsmithy wrote: The time of infraction was 1:58PM to 3:22PM and the tickets states:

(CODE 6) PARK SIGNED HIGHWAY IN ACCESS OF PERMITTED TIME.
djino wrote: Ah ok, I see it now.

Well this maybe a good argument to make at trial, but I would start with following post #44 in dealing with the parking ticket. Once you have received disclosure, we can discuss using this as an defence at trial.

djino
Will do and thanks again for this thread. You're doing a great service for everyone who's ever received a ticket.
=============
Heatware
Newbie
Dec 9, 2009
69 posts
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djino wrote: No Problem.



Your situation falls under #2. The Prosecutor has violated your right to disclosure which is a violation of Section 7 of the Canadian Charter of Rights and Freedoms. Subsection 24(1) allows you to claim a remedy to this violation of your rights (You are asking the court to stop (STAY) your trial <-- the remedy).



This section states that if you fail serve the Attorney Generals with this application, then the application is deemed invalid. The remedy (STAY) will not be granted. This Failure to give notice section may apply to you if you did not FAX/MAIL/HAND IN PERSON this form to the Attorney Generals.

djino
"Does this make sense to you now?"
djino,
I got a call from the persecutor office. They have some of the information that I asked for (Not all by their own admission). They have the notes from the two police officers but it is not typed. She was saying that one of the notes is legible but the other one is not very clear. They asked me to come and see what they have.
It looks like they know that they can not get it ready in time and they are trying to play a trick on me.
What is your advice?
I guess I should see what they have, and take it. But make sure I stress that they did not give me full disclosure.
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Feb 24, 2008
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Al400 wrote: djino,
I got a call from the persecutor office. They have some of the information that I asked for (Not all by their own admission). They have the notes from the two police officers but it is not typed. She was saying that one of the notes is legible but the other one is not very clear. They asked me to come and see what they have.
It looks like they know that they can not get it ready in time and they are trying to play a trick on me.
What is your advice?
I guess I should see what they have, and take it. But make sure I stress that they did not give me full disclosure.
Yes.

1. Go see them and take a look at the notes. Then tell them that you do not understand the notes and you would like to have the officer's notes typed up.

2. You also mentioned that they do not have everything you asked for. I would ask them when can they expect to fulfill the rest of your request, so that you can prepare a full answer to your charge.

3. I would then end with saying "This is not satisfactory disclosure. The trial date is September 5th and I have made several request for disclosure over the last few months which has only been partially fulfilled with just a week until the trial date. I will be proceeding with requesting a stay at trial as I assume you are already aware of the Form 4F that has been submitted to the Attorney Generals as well as your office. Thank you for your time."

See what they have to say, then let me know.

djino
"Goodluck!"
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Mar 12, 2010
26 posts
toronto
Okay, I did some research and found out that there is suspension for G2 drivers that receive a ticket with 4 or more demerit points. My license suspension is September 2 which is about a week from now. What if I get a G license by Friday? Will that automatically cancel the suspension as I won't be a G2 driver anymore?
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zaeem1992 wrote: Okay, I did some research and found out that there is suspension for G2 drivers that receive a ticket with 4 or more demerit points. My license suspension is September 2 which is about a week from now. What if I get a G license by Friday? Will that automatically cancel the suspension as I won't be a G2 driver anymore?
That I am not sure. I would contact the Ministry of Transportation on that. Or Perhaps someone else here can answer.

If you are able to get your G License by then, then sure why not. There is no downside to going for G2-exit test ASAP.

djino
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Dec 9, 2009
69 posts
9 upvotes
djino wrote: Yes.

1. Go see them and take a look at the notes. Then tell them that you do not understand the notes and you would like to have the officer's notes typed up.

2. You also mentioned that they do not have everything you asked for. I would ask them when can they expect to fulfill the rest of your request, so that you can prepare a full answer to your charge.

3. I would then end with saying "This is not satisfactory disclosure. The trial date is September 5th and I have made several request for disclosure over the last few months which has only been partially fulfilled with just a week until the trial date. I will be proceeding with requesting a stay at trial as I assume you are already aware of the Form 4F that has been submitted to the Attorney Generals as well as your office. Thank you for your time."

See what they have to say, then let me know.

djino
"Goodluck!"
djino,
Thanks for the quick response!!
So do I take what they have or I tell them I need the package to be complete before I take anything?
Would taking the hand written copies disadvantage my position?

I used your disclosure sample and added to it that I need the notes of both officers.
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Nov 30, 2009
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Thank you - I figured as much but wasnt 100% sure.
Jr. Member
Nov 23, 2008
183 posts
11 upvotes
I was going 78 in a 50 zone (more like 80+) on highway 7, the cop lowered it to 60 in a 50 (10 over)

Would there be a point fighting it (would 10 over in a 50 zone be really detrimental to my driving record - which has been clean??!)
What would be reasons to fight this anyways? - translator, delay the ticket as long as possible and hope the cop no show?

Thanks, would appreciate any help
Newbie
Aug 27, 2012
2 posts
BRAMPTON
Hi my brother got fined with driving without insurance and now he has to pay $5010. The due date is Sept 2012 but he as not paid anything on it as yet what can he do. He was sick and unable to work but now has a part time job but he does not make enough to pay down on the ticket. what can be done about this.
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Al400 wrote: djino,
Thanks for the quick response!!
So do I take what they have or I tell them I need the package to be complete before I take anything?
Take what they have.
Al400 wrote: Would taking the hand written copies disadvantage my position?
Take what they have, but make it clear that the notes are not understandable.
Al400 wrote: I used your disclosure sample and added to it that I need the notes of both officers.
Ok. And the worst case scenario is at trial, the Justice grants an adjournment, but we'll try to prepare you as best as possible to have your charges dropped/stayed.


djino

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