Automotive

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

Newbie
May 25, 2009
55 posts
7 upvotes
toronto
danjordan98 wrote: sorry to ask again, but I haven't been able to find any definitive answers. I filed my S7 and 11b 14 days before trial. I made a mistake on which day my trial was. Stupid mistake that might just cost me, but hoping that someone knows if and what can be done. Is there a chance that it will still be accepted?
Thanks again for any help.
It depends on whether it is caught or not. The regulation clearly states that you need at least 15 days not counting the day the app is received and the trial day. If the last day falls on Saturday or holiday, the 15th day would be the next working day, so your trial must be the day after the 15th day. That said, if the late filing is caught, you can draw the JP'S attention to
Section 7 (7) of regulation 200 of Courts of Justice Act which says

(7) An application or motion may be heard without notice,

(a) on consent; or

(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.

(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7.

Read ticketcombat.com for details.
Newbie
May 25, 2009
55 posts
7 upvotes
toronto
scorpio20 wrote: Does anyone know -- what do cops see (e.g. can they see if you were ever pulled over), and how far back do cops see for traffic tickets when they pull you over?
I gather they can see offence history from day 1. The officer noted for me "Good driving history" In her notes.
Jr. Member
Jul 18, 2007
101 posts
13 upvotes
I am waiting for a court date to challenge a $100 parking ticket. However since then, I have sold the vehicle, turned in the plates, got a new vehicle and new different plates. Should I still continue and challenge the ticket in court ?
Will the old ticket on the old plates, follow me to my new plates, if I lose the court case ?
Sr. Member
Nov 1, 2004
766 posts
26 upvotes
I live in Ontario. In Montreal, I got a ticket for u-turned on a no-u-turn sign. Any chance I can fight this ticket - from Ontario?

Will my insurance increase?
Newbie
Mar 15, 2009
95 posts
8 upvotes
Toronto
testinz wrote: I live in Ontario. In Montreal, I got a ticket for u-turned on a no-u-turn sign. Any chance I can fight this ticket - from Ontario?

Will my insurance increase?
Provinces do share this type of information with one another, in the old days it was more likely that it would go unreported, but with today's technology the odds are you will see it show up on your driving record. So the answer is yes, your insurance will go up.
As for fighting it from ON, unless you plan on hiring an agent to represent you in court on QC, no you can not do it remotely, this offence was issued in QC and you will have to file it there, ON "Provincials" courts have no jurisdiction over tickets issued in QC.
Sr. Member
May 12, 2006
551 posts
520 upvotes
ON
jm99jm wrote: I am waiting for a court date to challenge a $100 parking ticket. However since then, I have sold the vehicle, turned in the plates, got a new vehicle and new different plates. Should I still continue and challenge the ticket in court ?
Will the old ticket on the old plates, follow me to my new plates, if I lose the court case ?
Follows you, not your plates. People in rental cars get tickets all the time.
Newbie
Oct 1, 2010
62 posts
35 upvotes
Sonababy wrote: It depends on whether it is caught or not. The regulation clearly states that you need at least 15 days not counting the day the app is received and the trial day. If the last day falls on Saturday or holiday, the 15th day would be the next working day, so your trial must be the day after the 15th day. That said, if the late filing is caught, you can draw the JP'S attention to
Section 7 (7) of regulation 200 of Courts of Justice Act which says

(7) An application or motion may be heard without notice,

(a) on consent; or

(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.

(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7.

Read ticketcombat.com for details.
So today I got a notice in the mail. it states your motion dealing with delay fails to provide any accounting for the time between the date of offence (May 3, 2015) and the ultimate trial date (March 21, 2016), we are enclosing a chart setting out the appropriate calculation of the periods of time that make up the toatal time from charge to trial and you will note that the time attributable to prosecution or institutional delay is only 146 days, which is well within the relevant guidelines of time from charge to trial. Accordingly, your motion dealing with delay is without foundation and ought to be dismissed.

We will be ready to proceed with trial on March 21st, 2015 and we reiterate the warning provided to you at your early resolution meeting on August 28th, 2015 that at trial the prosecutor may seek to amend the rate of speed alleged on the ticket to 104km/h in 70km/hr zone to accord with what we anticipate will be the officer's evidence at trial, as provided for in the case of R.v. Winslow, 2009 ONCA 643.

the chart then says
offence date 3 may 2015
defendant requests E.R. meeting 25 may 2015- court not aware defendant wished to dispute charge until received. = 22days
e.r. meeting 28 August, 2015- defence/intake/neutral-voluntarily requested by def./disclosure given and reviewed/defendant not ready for trial prior to meeting= 95days
1st trial date 23 december 2015, Neutral/inherent time requirements, 60 days, prosecution/institutional-57 days =117 days
2nd trial date 21 March, 2016, Prosecution/institutional-officer not availablefor 1st trial date =89 days
total prosecution/institutional delay 146 days.

will my motion stand??
Newbie
Mar 14, 2016
3 posts
I got a ticket for turning at a light onto a one way. I noticed immediately (before actually driving down st) so I did a 3 point turn.
I got a ticket for the one way bit. I am asking for full disclosure. I have already received officer's notes. He mentions that I did the 3 point turn in the intersection while light was green.
Can I argue due dilligence?
It was snowy and wet. I noticed it aa soon as I started to make the turn, so I backed up and turned into a parking spot on side or street. I did everything I could, once I noticed from going down the one way st. (Problem is, in doing so I then did another mistake, but ticket was for one way)
1) i believed I was going doen a two way st
2) i noticed immediately amd backed out
3 ) did not notice sign and that is why I turned
Jr. Member
Aug 18, 2015
129 posts
85 upvotes
Toronto, ON
Hi Guys,

I live in ON and got a BC ticket for using cell phone while driving an year ago. I had a BC driving license back then. I appealed and expecting a court date sometime this year. Just wondering what happens if I don't hold a BC driving license anymore?Please help!
Banned
Mar 15, 2016
29 posts
8 upvotes
Got a ticket for Using Handheld Device. The police officer upon giving me the ticket told me just to set a trial date and he will help me out and lower the charge; said don't waste money on xcopper and just represent myself. Does anyone know what the charge he or the prosecutor will lower to? It's $490 and 3 dermit points. Will he just lower the amount?
Newbie
Sep 16, 2015
44 posts
13 upvotes
North America
What should I do??

Background:
billy1981 wrote:
I live in Surrey, BC. I got a ticket for “electronic device while driving” 214.2(1) on June 26, 2014. My court date was set for Jan 27, 2016. However, I was not able to make that day and have been rescheduled for April 15, 2016.

The time between the ticket and first court date was just over 19 months, and now you can add another 2.5 months to that, but moving the date was my request.

I just found this thread, so today Mar 2, I am going to send a request for disclosure through registered mail. If I receive the disclosure, or even if I do not, should I be requesting a “STAY” around March 28 just so that it is slighty over 15 days prior to the court date? The basis would be that the trial date took 19 months and is not a reasonable time to be tried? In the event that I have not received disclosure by Mar 28, can I additionally claim a reason for the “stay” is that I did not receive my requested disclosure?

I have not received a ticket since 2002, and had no idea that people can actually successfully dispute a ticket (other than not having the officer show up).

Has anyone in BC gone through the steps of requesting disclosure and a "STAY"?
I received a letter today from the constable, it reads:

“I have received your disclosure request regarding a ticket you claim issued on June 26, 2014. I have checked my ticket folder for June 2014 and cannot locate a ticket with your name on it, and the tickets don’t correspond with the other ticket numbers issued for that month.

Are you sure you have the correct ticket date, and do you have an upcoming traffic court date for this matter?

If you wish to email over this matter, it may be easier to correspond with you about it”


So I have checked my disclosure request against my “violation ticket” and my “notice of change in hearing date (violation ticket)", and it is correct. My disclosure request does have the right ticket number and it does indeed have the correct ticket date. Additionally, I do have a hearing date set for the middle of April.

The only difference is on the hearing date notice, the violation ticket number starts with “2025:” and ends in “-1”, so it looks like “2025:AHxxxxxxxx-1”, however the violation ticket only has the AHxxxxxxxx.

My initial hearing was supposed to be on Jan 27, 2016 does this mean he did not show up that day? The RCMP had a cell phone trap, so to say (on June 26, 2014), they gave out numerous tickets in the time span where they issued me a ticket.

What should I do at this point? Do I respond to the officer in email, do I submit an 11B for a stay since my initial court date of Jan 27, 2016 would have been 19 months. Do I submit a S7 application since I did not receive disclosure? Do nothing?

Any help would be greatly appreciated.
Newbie
May 25, 2009
55 posts
7 upvotes
toronto
danjordan98 wrote: So today I got a notice in the mail.
will my motion stand??
I would suggest you check the accounting and if any delay is attributed to you when it ought to be for the prosecution, be prepared to prove it. According to the prosecutor that I spoke to for my matter, they will only look at a delay of at least 10 months (i presume attributable to sources other than me). Even then I will need to prove the impact/prejudice as per R v. Morin.
Newbie
May 25, 2009
55 posts
7 upvotes
toronto
billy1981 wrote: What should I do??

Any help would be greatly appreciated.
Courts appear to work off of the longer offence number on the notice of trial, part of which is the shorter offence number from the ticket. Please read my previous post about undue delay. You would file an 11b charter violation related stay of proceedings. The 10 month statement was about the Richmond Hill court. The accepted time delay may be different for other jurisdictions.
Newbie
May 25, 2009
55 posts
7 upvotes
toronto
Sonababy wrote: Submitting s7 app for non-disclosure is the suggested approach as per this forum and ticketcombat. Since the prosecution is presenting new case law opposing that, perhaps we need a newer approach. Is there an expert who can look at the case law I posted and give their suggestions on how to proceed?

Is the original creator of this forum, djino still on here? I dont see his posts anymore.
Your forum is called "Ask me anything about fighting your traffic ticket". I have asked about my case on this forum and by sending you a private message. I even wrote to ticketcombat.com but have not received any advice. Can you please help?
Thanks.
Newbie
Mar 15, 2009
95 posts
8 upvotes
Toronto
danjordan98 wrote: So today I got a notice in the mail. it states your motion dealing with delay fails to provide any accounting for the time between the date of offence (May 3, 2015) and the ultimate trial date (March 21, 2016), we are enclosing a chart setting out the appropriate calculation of the periods of time that make up the toatal time from charge to trial and you will note that the time attributable to prosecution or institutional delay is only 146 days, which is well within the relevant guidelines of time from charge to trial. Accordingly, your motion dealing with delay is without foundation and ought to be dismissed.

We will be ready to proceed with trial on March 21st, 2015 and we reiterate the warning provided to you at your early resolution meeting on August 28th, 2015 that at trial the prosecutor may seek to amend the rate of speed alleged on the ticket to 104km/h in 70km/hr zone to accord with what we anticipate will be the officer's evidence at trial, as provided for in the case of R.v. Winslow, 2009 ONCA 643.

the chart then says
offence date 3 may 2015
defendant requests E.R. meeting 25 may 2015- court not aware defendant wished to dispute charge until received. = 22days
e.r. meeting 28 August, 2015- defence/intake/neutral-voluntarily requested by def./disclosure given and reviewed/defendant not ready for trial prior to meeting= 95days
1st trial date 23 december 2015, Neutral/inherent time requirements, 60 days, prosecution/institutional-57 days =117 days
2nd trial date 21 March, 2016, Prosecution/institutional-officer not availablefor 1st trial date =89 days
total prosecution/institutional delay 146 days.

will my motion stand??
Well, it looks like crown has some valid points.
This is why you should never ask for early resolution, if you want to use this option you can do so after filing the ticket with the court.
The clock starts when you file the ticket and ask for a court hearing, another words you want to exercise your right to a trial. Because you had some delay at the start with filing the ticket and you also left it for too long waiting for ER meeting, it chewed into the time you have been waiting.
The only question is, why did they not withdraw the ticket when the officer was not available for the first trial? Did you object?
I would read more cases and see what they are saying holds water. I think you need to calculate the delays that you are responsible for. The way it works is fairly simple.
The intake, systematic and institutional delays are all attributed to crown, any delays you caused such as asking for adjournment is attributed to you.
The fact that officer was not available for the first trial and it had to be adjourned is a delay against crown, it is not neutral.
Assuming you filed for a court hearing on Aug 28th and your second trail date is March 21st, that would make it only 7 months and it is not long enough for 11b.

Sorry...
Newbie
Mar 15, 2009
95 posts
8 upvotes
Toronto
billy1981 wrote: What should I do??

Background:



I received a letter today from the constable, it reads:

“I have received your disclosure request regarding a ticket you claim issued on June 26, 2014. I have checked my ticket folder for June 2014 and cannot locate a ticket with your name on it, and the tickets don’t correspond with the other ticket numbers issued for that month.

Are you sure you have the correct ticket date, and do you have an upcoming traffic court date for this matter?

If you wish to email over this matter, it may be easier to correspond with you about it”


So I have checked my disclosure request against my “violation ticket” and my “notice of change in hearing date (violation ticket)", and it is correct. My disclosure request does have the right ticket number and it does indeed have the correct ticket date. Additionally, I do have a hearing date set for the middle of April.

The only difference is on the hearing date notice, the violation ticket number starts with “2025:” and ends in “-1”, so it looks like “2025:AHxxxxxxxx-1”, however the violation ticket only has the AHxxxxxxxx.

My initial hearing was supposed to be on Jan 27, 2016 does this mean he did not show up that day? The RCMP had a cell phone trap, so to say (on June 26, 2014), they gave out numerous tickets in the time span where they issued me a ticket.

What should I do at this point? Do I respond to the officer in email, do I submit an 11B for a stay since my initial court date of Jan 27, 2016 would have been 19 months. Do I submit a S7 application since I did not receive disclosure? Do nothing?

Any help would be greatly appreciated.
First, I'm not sure why you are getting the letter from the officer, did you send your disclosure request to the officer or to the prosecutor?
If you send the request to the prosecutor, they need to figure things out themselves and you are off the hook.
What I would do, I would take my ticket and notice of trial to the court house and ask to see the ticket filed with the court by the officer.
Once you confirm that, you can fax your request with a copy of the ticket attached to the prosecutor.
I am not sure why even need to do this, because generally any traffic ticket over a year old is considered too long and 11b would apply. However, you should check and see what is the norm for your province.
In Ontario court of appeal has a made a ruling on two appeals that 8 to 10 months is the acceptable duration for Toronto courts, anything longer you can file 11b and have a good chance of winning.
Newbie
Sep 16, 2015
44 posts
13 upvotes
North America
Observer135 wrote: First, I'm not sure why you are getting the letter from the officer, did you send your disclosure request to the officer or to the prosecutor?
If you send the request to the prosecutor, they need to figure things out themselves and you are off the hook.
What I would do, I would take my ticket and notice of trial to the court house and ask to see the ticket filed with the court by the officer.
Once you confirm that, you can fax your request with a copy of the ticket attached to the prosecutor.
I am not sure why even need to do this, because generally any traffic ticket over a year old is considered too long and 11b would apply. However, you should check and see what is the norm for your province.
In Ontario court of appeal has a made a ruling on two appeals that 8 to 10 months is the acceptable duration for Toronto courts, anything longer you can file 11b and have a good chance of winning.
I used the sample disclosure form (from this forum) and changed the few things on that form as it applies to my situation.

I am in Surrey BC, and I faxed the form to the address on my notice of hearing, which happens to be Richmond Provincial Court at 7577 Elmbridge Way. The officer that sent me the letter was from the Surrey RCMP office. So I am not sure if I did something wrong. It was my understanding that the court where the hearing is to take place is where the prosecutor’s office is?

I will go by the court and ask to see the ticket filed with the court by the officer. Is this normal, and will they show it to me, or will they ask me to come back another day?

Sorry to be a hassle, but how would I go about checking what the norm is in BC to determine if an 11B would apply?
Jr. Member
Aug 18, 2015
129 posts
85 upvotes
Toronto, ON
Hi Guys,

I live in ON and got a BC ticket for using cell phone while driving an year ago. I had a BC driving license back then. I appealed and expecting a court date sometime this year. Just wondering what happens if I don't hold a BC driving license anymore?Please help!
Newbie
Mar 9, 2016
1 posts
Hello folks,

My wife received a ticket on 407 EB for going 149 in 100 km/h zone. I requested for trial, but because her English is not good, requested a translator. On the day of the trial they got her a translator who didn't speak the same language. After much struggle, my wife, along with the prosecutor called me at work and said that I should accept a reduced charge of 129 km/h over. I wasn't very happy and said that I will accompany her another time. They gave me another date over the phone. I am not sure how to approach this as I feel that our rights for getting a translator were violated. Additionally, I had to get a change of date so am not sure if this would help me in filing for 11b (The offence happened in July 2015, initial trial was March 16 and new one is April 16)?

Any suggestions?
Banned
Mar 15, 2016
29 posts
8 upvotes
Hi,

I received a ticket for using a handheld device 78.1 (1). The police officer was nice and told me not to pay for the ticket but rather set a trial date and speak with him/prosecutor and they will reduce the charge and fine. Does anyone know what the charge or fine will be reduced do?

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