Automotive

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

Sr. Member
Sep 29, 2007
509 posts
102 upvotes
Port Colborne
stryder1587 wrote:
Feb 2nd, 2015 11:53 am
Just wanted to contribute since so many people helped me on this thread. I had my trial last Friday and here's what happened.
First thing, the prosecutor is sitting down and everyone is lined up to speak to her. She is basically taking attendance on who's shown up, what they intend to do, plead guilty, trial, or plea bargain. I saw one lady strike up a conversation with her while trying to defend the actions of her son and literally talked her way out of a ticket! When I went up, she noticed that I requested disclosure but never received it due to the template that I used from here on RFD. She said it was from ticket fighters, and that template didn't have all the information they require to process it. So instead, she gave me a print out of the officer's typed up notes on the spot and marked down "disclosure provided in person". I told her I wanted a plea bargain and she said she will give me some lesser charge of about $100 and I said ok. My original fine was $260. When I walked up to speak to the judge during the hearing, he said my fine would be $60, so I took it happily. Of course there's still the victim surcharge and processing fee on top, but it's a fraction of what I would've had to pay. Thanks to all those that keep this thread alive and help people understand how to get through this process.
I mean, congrats, but you could have gotten an adjournment at minimum for the lack of proper disclosure.
Sr. Member
Sep 14, 2007
817 posts
249 upvotes
Yes, I was thinking of trying to postpone it to a later date, but the front of this thread says you need 15 days to file this. When I got the court trial date notice, I was pretty much at 15 days away meaning I'd have to go to court and make that announcement that I want to postpone meaning I would take a day off work just to set a new date, and take another day for the later date. Other thing is, there's really no point in postponing until I can delay the trial date for 10 or 11 months or whatever it was so file that 11b thing, and for me it's only been 4 months since I got the ticket to the actual court date. There was no way I could drag it out another 6-7 months.
Newbie
Feb 1, 2015
1 posts
St. Albert, AB
Hello. Desperately need help for my upcoming court date on feb 23 2015. I received three traffic tickets back in april of last year. 2 of the tickets were because of no proof of registration and the last one was a careless driving ticket which is the only one i am worried about. I was pulled over for speeding i figure must of been going 30 over on city road. The police officers that pulled me over smelled alcohol on me and asked to perform a road side test. I had only had three beers before driving and waited 20 minutes or so for the mounties to show up with the road side test because the city of edmonton police officers were not equipped with a device. After i performed the test i was told that i was fine to drive. not sure why they handed me the careless driving ticket when i was only speeding. The road conditions were good and not any vehicles on that road that i was seen speeding on. later on that month I mailed all three tickets away to plead not guilty as direct on the ticket. A few weeks later i received a trial date for my first appearance . I showed up on this date with no preparation of defence. Not sure what i was thinking at the time but i have had good luck at just showing up in the past and having the charges dropped. unfortunately it did not turn that way this time the court moved the date down the road at my request in order to give me time to receive disclosure. But instead of actually requesting my disclosure in following months i ended up doing nothing and forgetting about it entirely. not really sure why i procrastinated for so long but it is what it is . Now with three weeks left i really have no idea what to do. I understand it is too late to request disclosure so is there any why to get this court date pushed back? what if i just go forward with trial do i stand a chance what do they need to prove inorder to charge carless driving. Any advice would be greatly appreciated. thank you
Member
Mar 5, 2011
216 posts
12 upvotes
Toronto
stryder: the one bonus of dragging it out is it means your insurance won't go up for at least a few more months, if you have your renewal date coming up before then. if you are able to postpone and you renew your insurance in the meantime, you get to pay the cheaper rate for another year.
Sr. Member
Sep 14, 2007
817 posts
249 upvotes
helenhelen wrote:
Feb 2nd, 2015 11:35 pm
stryder: the one bonus of dragging it out is it means your insurance won't go up for at least a few more months, if you have your renewal date coming up before then. if you are able to postpone and you renew your insurance in the meantime, you get to pay the cheaper rate for another year.
Great point, I should've asked here first.
Newbie
Feb 2, 2015
1 posts
Hamilton
Hey there,
I'm hoping someone could help me out.
I received a 'Disobey stop sign fail to stop' ticket last weekend. I thought I stopped but who knows. It was 11:30 at night and he pulled me over 2 stop signs later (not sure what took him so long to catch up). I plan to argue not guilty and that I did in fact stop, can I use the time of day as my argument that the officer may have been mistaken?
So here is how the interaction went...
1. He approached the car and I handed him my license, registration and ownership. Then he said "I pulled you over because you failed to stop at a stop sign." I acted surprised and asked him which one to which he responded "two stop signs back" and listed the intersection. He walked back to his cruise. My fiance and I were discussing stop sign tickets and I mentioned that I thought there was different ones (completely blowing a stop sign and rolling stop).
2. Officer came back and handed me the ticket. My fiance said "hey buddy, I have a question"
Cop: "I'm not your buddy."
Fiance: "okay, I was just wondering is there..."
Cop: "I'm speaking with the driver only. This is not your ticket and so I will not speak to you about it. It really irritates me when passengers try to talk to me" (he was a huge, entitled ass)
Me: "Okay, I'll ask the question"....I ask the question he says no there is only one type of stop sign ticket.
I notice that under total payable it says 1140 so I ask him - "is my ticket $11?" (I now realize where I went wrong...I should have kept my mouth shut)
Cop: "no, it's $110, there's 3 options on the back...blah blah blah"
Me: "So what does this say?" *pointing at total payable box that says 1140 in it.
Cop: *grabs ticket out of my hand* and says "that's my badge number. HA! you almost got away with this ticket" and walks back to the cruiser.
Cop returns and says "here's your new ticket, you have 3 options on the back...blah blah blah"
Fiance: "Hey...sorry it seems like we got off on the wrong foot. I just wanted to explain that we just bought a house and..."
Cop: "I do not need to speak with you. I am speaking with the driver so if you have no other questions, I have somewhere else I need to be"
Fiance: "Well as a public servant, you do need to speak to me"
At this point - the cop gets angry
Cop: "If you don't stop talking I'm just going to keep giving you tickets. I could give you a ticket for not having a signed ownership, having plate covers which is a $120 ticket and _______ so if you want to keep going I can give you 4 tickets (he was speaking so fast, I have no idea what the 4th ticket would have been). So do you have any other questions, I have somewhere to be."
Me: "So if I hadn't said anything, I wouldn't have had to pay for this ticket?"
Cop: "that's correct."
Me: "So can I have the other ticket back?"
Cop: "No! I've voided it and it never even entered the system. Do you have any other questions because I'm in a rush to go somewhere else"

Soooo needless to say, we were both fuming after that. I have been stopped once in the past for myself and another time with my fiance and I have never encountered such a jerk of a cop.
After I got home, I realized that he misspelled the intersection name. He wrote "Gleu Holloo Dr" and it's actually "Glenhollow Dr". From what I read in this forum that doesn't seem to be a fatal flaw. Can I use that at all during the trial or not even bother? I need to visit the courthouse in order to schedule a trial and then I can request the police officers notes but I was hoping for some advice.
I've already written down all that I remember from that night. Should I mention during my trial how demeaning and rude the officer was or stick to the facts?
Any help would be awesome!! I don't want me insurance to go up :(
VERY sorry for the long post!!
Newbie
Oct 15, 2014
6 posts
Saskatoon, SK
Anikiri wrote:
Jan 12th, 2015 3:49 pm
they are just giving you whatever they feel that they need to give you.

Ask for further disclosure on the following:
1. Handwritten notes to be typed.
2. Testing of the radar device AFTER your ticket. Also ask for detailed calibration records.
3. Manual of the Radar gun
4. Proper calibration intervals of the radar gun as stated by the SK government and/or the police department this officer is part of.

Ask for all four of those things in separate disclosure requests. Fax them with receipt. Make sure you keep the receipts.
I have done as indicated above with mixed results. I was told by phone that they have requested the officers notes be typed and will forward them to me when they receive them in their office. They REFUSED to provide a copy of the manual for the radar gun citing copyright rules. They also refused to provide me with the calibration intervals, as required by the SK government, or any of the calibration records of the radar gun, or records of the testing done on the radar gun with the prosecutor stating that I would need to obtain that information from the police officer at trial through cross examination. Can they just refuse to provide me this information in advance when it could be very important to my defence?

One other thing I noted was that the officer noted I was the only vehicle in the beam (from what I can make out from his hand written notes), but he also indicated that traffic was heavy. Does it not seem contradictory and quite unlikely that I could be travelling as fast as he said (38 over) in heavy traffic on single lane highway and be the only vehicle in the beam??
Penalty Box
Mar 28, 2007
2926 posts
369 upvotes
Got a ticket today for obstructing a sidewalk when I parked. The street was narrow and wasn't plowed, and I was at a house to sign for a lease for next year. Either way, I parked on the bottom portion of the driveway and the officer claimed I blocked 100% of the sidewalk (which isn't true).

The ticket is $75, or $60 if paid within 7 days. I'm thinking of fighting it. Is it worth it? I'll have to go to the address on the back of the ticket if I want to fight it.
Positive Investing!
Newbie
Mar 4, 2012
15 posts
Hamilton
Hey djino,

Today I received a ticket for Yellow Headlights, "DRIVE WITH IMPROPER HEADLIGHTS". From my understanding yellow/amber is not an illegal colour and white or amber lights are allowed on a vehicle. My lamps are NOT HID's either, just to make things clear. They are a mellower yellow, on the darker side. I have been asked about my lamps before and the officers have not said anything about them being a problem. However, this officer said they are a problem. The yellow that I get from my headlights are not from any film or coating and the housing of my headlights is not yellow either. I am just curious as to what the rules are regarding "DRIVE WITH IMPROPER HEADLIGHTS" and the rules toward the colour of headlights. I am still going to trial option the ticket. I would just like to get some advice. Thanks for the help.

Jason
Deal Guru
Aug 26, 2002
11975 posts
3891 upvotes
Toronto, ON
Jayshun wrote:
Feb 4th, 2015 12:53 am
Hey djino,

Today I received a ticket for Yellow Headlights, "DRIVE WITH IMPROPER HEADLIGHTS". From my understanding yellow/amber is not an illegal colour and white or amber lights are allowed on a vehicle. My lamps are NOT HID's either, just to make things clear. They are a mellower yellow, on the darker side. I have been asked about my lamps before and the officers have not said anything about them being a problem. However, this officer said they are a problem. The yellow that I get from my headlights are not from any film or coating and the housing of my headlights is not yellow either. I am just curious as to what the rules are regarding "DRIVE WITH IMPROPER HEADLIGHTS" and the rules toward the colour of headlights. I am still going to trial option the ticket. I would just like to get some advice. Thanks for the help.

Jason
Just to be clear, are your headlights & bulb stock (ie came with the car)?
Newbie
Mar 4, 2012
15 posts
Hamilton
rvs007 wrote:
Feb 4th, 2015 10:39 am
Just to be clear, are your headlights & bulb stock (ie came with the car)?
Thanks for the reply. No, my lights are not stock. Do aftermarket bulbs fall under the category "Improper Headlight"?
Newbie
Feb 3, 2015
1 posts
Toronto, ON
Hey I got a ticket for Disobey Sign (made a left turn into a mall parking lot from a main street) and I didn't see the sign (I know it's not a defense) If I go to trial what kings of questions should I be asking the officer in order to provide just a little bit of reasonable doubt??

Any help would be appreciated - Thanks in advance.
Deal Guru
Aug 26, 2002
11975 posts
3891 upvotes
Toronto, ON
Jayshun wrote:
Feb 4th, 2015 10:58 am
Thanks for the reply. No, my lights are not stock. Do aftermarket bulbs fall under the category "Improper Headlight"?
Nothing in the HTA about bulbs. The only requirement is that the front lights must be white or amber. So it's up to you to convince the justice that what you have installed is considered amber.

More info here:

http://www.ontarioticket.com/motor-vehicle-lighting.php
Newbie
Mar 4, 2012
15 posts
Hamilton
rvs007 wrote:
Feb 4th, 2015 12:02 pm
Nothing in the HTA about bulbs. The only requirement is that the front lights must be white or amber. So it's up to you to convince the justice that what you have installed is considered amber.

More info here:

http://www.ontarioticket.com/motor-vehicle-lighting.php
Thanks for the help and insight. I am planning to use that as my argument, to try and convince the justice what I have is considered amber. Hopefully, I can create a strong argument.
Deal Guru
Aug 26, 2002
11975 posts
3891 upvotes
Toronto, ON
Jayshun wrote:
Feb 4th, 2015 12:14 pm
Thanks for the help and insight. I am planning to use that as my argument, to try and convince the justice what I have is considered amber. Hopefully, I can create a strong argument.
You have to be firm in stating that your bulb is amber. Not sure if possible but if you can find the bulb manufacturer's sales/product material that says it's amber colour then use that in your defense. What's considered yellow and amber is very subjective, so fighting it can be difficult. But you also have to prove about the other points (that the headlight wasn't covered in coloured film, housing wasn't coloured, it's not HID, etc.). Good luck.

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