Automotive

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

Deal Addict
Feb 20, 2014
1181 posts
416 upvotes
Toronto
^ Fight it. He's telling you to pay it because he doesn't want to go to court, possibly because he doesn't really have evidence. Set a trial date and request disclosure to see what he has.
Deal Guru
Aug 26, 2002
11662 posts
3736 upvotes
Toronto, ON
srialva wrote:
Sep 25th, 2015 1:27 pm
Guide me step by step on what i should do.....
1. Plead not guilty on the ticket and get a court date.
2. You can try early resolution but for a speeding ticket that has already been reduced, the prosecutor won't drop the ticket (which is your goal).
3. Request disclosure. Find out what evidence the officer has against you. See how sound his evidence is and whether there's opportunity for you to come up with a defense.
4. On the day of court, arrive early and see if the officer attends.
5. If he attends, you pretty much don't have anything in terms of a defense so you should plea guilty. The consequence of pleading not guilty would be for the prosecutor to bring back the original charge (which is possible).
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
Siddyy wrote:
Sep 13th, 2015 12:00 am
Question : I received ticket in Cornwal ON. I am Toronto Resident. Can I ask for trials in my local city to avoid travel of 500km everytime on date. Please advise.
No. The trial takes place in the jurisdiction where your ticket was given. You can probably arrange to talk to prosecutor on the phone and they might lower the charge to something else but if you want to fight it you will have to go to Cornwall (or send paralegal for you).
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
kaws wrote:
Sep 13th, 2015 12:57 am
Was wondering if someone can help me with my friend's traffic ticket. I was the passenger during the incident for a failure to stop at a stop sign. My buddy stopped at the stop sign for a second before proceeding; no pedestrians nor other cars at the time. The officer issued the ticket with the first and last name switched and the licence plate is wrong, for example, the ticket says ABDC123 and the real plate is ABCD123. Also, would I be of any help as the passenger? Can he fight and win this because of those errors? Or should he go for the resolution?
First name and last name thing is irrelevant and so is license plate being wrong. There is lots of case law now about what is considered a Fatal Error on a ticket, and name and plate numbers do not qualify.

Yes you would be a huge help if you go to court with your friend and testify that he did indeed come to a full stop (even if just for a second). If you BOTH can take the witness stand and you BOTH testify that your friend did completely stop (even briefly) then this will bring reasonable doubt to the officers testimony and he should get the ticket thrown out. Remember though that you never lie on the witness stand as this is perjury.

So make sure he chooses NOT GUILTY option for Trial with Officer present. Then once you get your notice of trial, request disclosure. Then go to trial and win!

Note that if he does not respond within 15 days he will be automatically guilty, so I would suggest not following the other advice to just keep checking online.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
gostinger wrote:
Sep 14th, 2015 9:43 pm
Here's the basics . Charged with improper lane change . Stopped maintenance truck in the right lane and daughter signalling and shoulder checked and all clear to proceed but pickup truck that was already in left lane stopped suddenly as she merged and driver's side headlight area struck right rear of pickup truck. She went to collision center and how with no witness and she exercised due diligence in making sure it was safe to proceed can the officer lay such a charge and with minimum damage. Yes disclosure requested and charge date August 2014 and Court October 2015. Early resolution results were no other option. Of course going to do speedy trial route but what if that doesn't work.
Explanation is a little vague and confusing, but remember that since the police did not see the accident in order to be charged the other driver (or a witness) must show up to court to identify her.

So I would show up for trial and I would NOT accept a plea deal and would NOT plead guilty. The prosecutors are tricky sometimes and they will not tell you that their witness did not show up and will try and convince you to just plead guilty.

The other thing to do is to go and represent your daughter and make sure she does NOT show up in court that day so if the other driver/witness does show up, they have no way to identify her. The police officer will take the stand and give their version and will probably make some kind of identification based on drivers license. When you get your chance to cross examine the officer, you simply ask the question "Did you see her hit the other vehicle?" and the officer will have to say "No". You then say "no more questions". Then the driver/witness will get on the stand to give their version. When you get your chance to cross examine them, you ask "Is the person that hit you here today?" and they will say "No". You then say no more questions. The prosecutor will then give closing arguments and then you get to give your closing arguments and you say "there is reasonable doubt as to the identity of the driver as the officer did not see the accident and the driver/witness cannot identify who the driver was so the charge should be dropped".
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
rookie_cdn wrote:
Sep 15th, 2015 10:12 pm
I got a ticket today for $110 for driving with expired plate. It said sept 2015 and like some other people I assumed it to be end of month too and not my actual bday which was at start of month. I don't mind paying 110 as its my fault but my consent is insurance impact. Would it effect my insurance? Should I go to court it just pay off
Almost any charge now a days can affect your insurance, but the only way to know for sure is to call insurance company and ask them if it affect your rates or not.

I tell everybody that they should always fight it ... Plead NOT GUILTY and ask for a Trial with the Officer present. Once you get your notice of trial, request disclosure (officers notes). Once you get notes, post them here.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
macsp wrote:
Sep 16th, 2015 4:31 pm
Thanks. So if I go to the court and talk to the prosecutor, plead guilty to reduce the fine, does it mean I am convicted? I hardly understood these legal terms...
You are either Guilty or Not Guilty. If you are found guilty of any charge (even with reduced fine), you are still guilty/convicted and it will go on your record. You will need to ask you insurance company if it will affect your rates or not.

If it is only the fine that concerns you, then you go to trial and plead guilty and then give JP sob story about amount of fine and ask for it to be reduced.
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+++ This is not legal advice, just my opinion! +++
Deal Addict
Dec 24, 2002
2734 posts
461 upvotes
Ajax
jsherk wrote:
Sep 25th, 2015 11:54 pm
Explanation is a little vague and confusing, but remember that since the police did not see the accident in order to be charged the other driver (or a witness) must show up to court to identify her.

So I would show up for trial and I would NOT accept a plea deal and would NOT plead guilty. The prosecutors are tricky sometimes and they will not tell you that their witness did not show up and will try and convince you to just plead guilty.

The other thing to do is to go and represent your daughter and make sure she does NOT show up in court that day so if the other driver/witness does show up, they have no way to identify her. The police officer will take the stand and give their version and will probably make some kind of identification based on drivers license. When you get your chance to cross examine the officer, you simply ask the question "Did you see her hit the other vehicle?" and the officer will have to say "No". You then say "no more questions". Then the driver/witness will get on the stand to give their version. When you get your chance to cross examine them, you ask "Is the person that hit you here today?" and they will say "No". You then say no more questions. The prosecutor will then give closing arguments and then you get to give your closing arguments and you say "there is reasonable doubt as to the identity of the driver as the officer did not see the accident and the driver/witness cannot identify who the driver was so the charge should be dropped".
I never even thought about the other driver not showing up. For such a bs charge she probably won't show up.So even if my daughter is there , the charge should be dropped.
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
ZaPHoN wrote:
Sep 19th, 2015 7:01 pm
Sept 18 2:41 I was pulled over in the company truck which is monitored along with the company phone for allegedly "talking on a cell phone". Monitoring includes speeding which will cause a loud beeping inside the vehicle and phone for use while driving. If caught once it's a warning. If caught a second time it's termination. I've only been working with the company for six months and have a ten star insurance rating because of my driving record. My personal cell phone was mounted on the dash sideways and is only used as a navigation aid. When the office arrived at my door I had taken my seat belt off to reach over to get information. The vehicle was off and in park. Right away the cop asked in a rude tone why I wasn't wearing a seatbelt. I asking him how am I to reach the glove box with a seat belt on and the truck in off, it's in park, and finally the truck is monitored by the manufacture and by the company I work for and cannot be driven without a seat belt on. The officer became more rude and accused me of insulting his intelligence and accused me of talking on a cell phone. I advised him that I wasn't and that the phone is monitored by the company that what he thought he saw was infract the grapes I was still eating when he arrived at the door. The officer started raising his tone and accused me again of insulting his intelligence. I advised him that I was not and merely stating fact. The officer claimed I was doing "something" and returned to his vehicle. I went to the vehicle to confirm with the hope the his car was recording, that he was accusing me of "talking on the phone" and asked him to look at the call log on my phone if I was in fact "talking on the phone". The officer refused claiming that I could have two phones. I told him I do and it was mounted on the dash which he in fact looked at several times when the Navigation app gave voice direction prompts. I advised him that "this one is the company phone". Again the cop accused me of insulting his intelligence and said "If you had of admitted you were using the phone for dispatch I would have gave you a warning. He also stated that I was doing something and as far as he's concerned it was talking on a cell phone. I asked the officer is "doing something may or may not be using a cell phone so I get the impression there is reasonable doubt. The officer started getting mad and told me to go back to the truck so I did. When the cop came to give me the ticket I asked him again to confirm that I was doing something and if the vehicle was recording. He confirmed the vehicle was recording and said good, I'll see you in court because you're mistaken and my job depends on it. I would like your opinion on this please.
I would choose NOT GUILTY and request a Trial with the Officer present. Once you get Notice of Trial, request disclosure (officers notes) and then post them here once you get them.

It will be interesting to see what his notes say... if they say he "saw you on a phone" then that will be his testimony and be accepted by JP. If it was me though, I would still question the officer in cross examination and try and get him to say that he saw "something" and not specifically a "cell phone". You also need to ask him things like "where he was when he saw you" and "how could he see you through the back of the truck. You will then also get to testify yourself that you were not talking on the phone and explain that you were eating grapes. What want to do is create REASONABLE DOUBT to the officers testimony that he saw you on a phone. If it is just his word against your word you will probably lose. But if you can bring some doubt to what he said (in cross examining him) and along with your testimony, you might win.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
ovimoldo wrote:
Sep 19th, 2015 7:35 pm
Hi, I got a speeding ticket. I was driving on this highway. It was dark outside. Traffic was reduced. At one point a car approached in oncoming traffic. I thought that it was having high beam lights on for his lights were pretty high and were blinding me. I turned on and off one time my high beam lights to notice him that his light disturbed me. No response. So I decide to let my high beam lights on. Obviously I had disturbed the guy. He U turned after me. It was a police officer. I stopped. He came to me saying I was speeding 114 km/h in 80km/h zone. To be honest I was more than 80 but not sure how much.
My question is: Can he prove I was speeding 114 km/h since he was in oncoming traffic and it was night out there? It is worthed to fight the case in court? How should I proceed?Thanks
If he had radar in his vehicle then yes he can probably prove it.

Choose NOT GUILTY and request a Trial with Officer present. Once you get Notice of Trial, request dislclosure (officer notes, manual for radar/lidar, video/audio). Once you get disclosure, post here and we can take a look at it. His notes MUST have that he tested the radar unit both at the beginning of his shift and at the end of his shift (or after got you). If he did not have radar then there is no way he could have got you speeding unless he drove up behind you and paced you for a short period.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
monkeywrench96 wrote:
Sep 20th, 2015 2:51 pm
So I had my trial date Friday at Newmarket in York Region. I was given a ticket for traveling 85kmh in 60 zone - the ticket said R as the cop was nice and "reduced" it from my "actual" speed of 97 back in March. Anyway, I received the disclosure statement last month and it was pretty cut and dry, seemed to be no holes in the DS. The best I was hoping for was for the prosecutor to further reduce my speed which I wasn't so sure of. When I got to court the cop was in fact there. There were 2 prosecutors. As I was waiting in line I could here the guy was acting like a d*#k and the woman was acting like a b(*ch. When it was my turn the guy prosecutor looked at my ticket and said that my ticket had already been reduced by the cop. After sighing, he said he would do me a "favour" and reduce it to 75kmh in a 60, thus reducing the fine to $60 (from $118.75) and 0 demerit points (from 3) The question I have is: was it worth having to take the half day off work and visit the court house 2 additional times (once to ask for a trail and second to pick up the disclosure statement when it was ready) just to save $60? From the little I know it's not the demerit points that make your insurance go up, it's the fact that I plead guilty to speeding and is now on my driving record. I guess what I'm asking is does speeding only 15km over look better to the insurance company than 25km over or do they view it the same - speeding is speeding no matter how much. As a side note, EVERY other person in the courtroom had a disclosure statement also. I'm beginning to wonder if the different municipalities are realizing that the public are more knowledgeable in asking for the DS. It seems the days of getting your ticket thrown out for not receiving the DS are gone...at least in York Region anyway.
Most inusrance companies see anything 1km over to 30km over as a minor offence and these will affect your insurance the same (1km over gets the same rate increase as 30km over).

Most JP's will not drop the case anymore if you do not get disclosure. They will adjourn to a new date and tell prosecutor to get you the disclosure for you.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
PGCD wrote:
Sep 23rd, 2015 2:46 pm
didn't ask for dismissal since officer was there and immediately provided disclosure, prosecutor suggested I discuss with officer and decided how I want to proceed. discussed with officer to make sure I could read his writing and decided to ask for adjournment. later on I reviewed the disclosure (ie his notes) and my ticket I noticed that the intersection on the ticket is different than the intersection his notes stated where the offence occured. He did agree with me that I came to a complete stop at the red and that advanced green traffic turning left from the opposite direction proceeded to pass in front of me, but stated I proceeded before my light turned green. I want to try and establish that he perhaps a little confused at 6 in the morning (his notes say I was confused - admittedly I had a "why am I being pulled over" look on my face since I had no idea why I was being pulled over). Even if I plead guilty to a reduced charge I'm not sure to ask what to have it reduced to - any advice?
What is the actual charge you got (section number)? If the charge is failing to stop then that is the wrong charge and you can beat it based on what the officer told you.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
Zhixxx wrote:
Sep 23rd, 2015 3:05 pm
Hi everyone,
I have a speeding case that would like to ask about. It happend on early August 2015 , the officer was driving toword me like 200m away then turned on the light and pulled me over said I was driving 105km, but wrote me 95km speeding ticket. We required to see the read out, but eventfully we didn't see it. I kept driving around 90km. After that, I required a resolution meeting through the telephone cheduled on September 23, the meeting was only discussing the change of the ticket, but my point is to fight off the ticket, so the prosecutor cheduled me a trail date October 30 2015 and said will call me on October 28, 2015 to discuss about the ticket again before I go to the trail. I also required the disclosure, he said he will leave a note on my file about that. The ticket changes me 50 bucks only, but i don't want my insurance goes up. Can you give some suggestions about this case? Thank you very much.
Even a $50 ticket for 15 over (with 0 demerit points) can still cause your insurance to go up.

There is no requirement for police to show you the read out.

If you go to trial and plead not guilty, and the disclosure (officers notes) say that you were doing 105 in 80, then they will amend the ticket back up to the full 105 in an 80 and if you lose you will have to pay the higher fine.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
tiagoO wrote:
Sep 23rd, 2015 8:13 pm
How do I make a deal with the crown to lower my offence to one that would not affect my insurance? I read something about lowering it to a non moving violation or some by law violation or something. If anyone has had a similar experience or could shine some light on my issue that would be super helpful. My offence is Amber light failure to stop HTA 144 (15)
They mostly won't do this in Ontario. They do this all the time in the USA. They may offer you a lesser charge, but it will usually be some kind of moving violation as well.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
krypton wrote:
Sep 24th, 2015 8:57 am
What's the best thing to do when you request a disclosure but they give it to you on trial date. I know you can always ask to adjourn the trial, but what if you take a day off work and travel 300 km to the court ? Does anyone take it into consideration if you have proof that you requested disclosure ahead of time ? Can you formally ask for it to be dismissed ? Thanks
You can ask for it to be dismissed but would be very surprised if the JP actually did that

If you have not received it a week before trial, you would be better off to contact prosecutor and ask to reschedule trial because there is no point driving all that way and getting an adjournment and then having to drive all that way again. If they will not mail you disclosure ask if they will email it to you.
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+++ This is not legal advice, just my opinion! +++

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