Automotive

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

Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
Al400 wrote:
Aug 21st, 2012 12:16 pm
Would it work to Fax the stamped copy to them today?
Yes, you can FAX or MAIL it to the Attorney Generals. But like Step 1 shows, if you decide to fax or mail, then you need to complete the affidavit of service form which needs to be sworn in and given to a court clerk. If you go in person and get the stamp, then no affidavit of service needs to be completed.
Al400 wrote:
Aug 21st, 2012 12:16 pm
At the trial, if it became a problem I can try and argue that I am allowed to submit for a Stay on the day of the trial, right?
At trial, you would argue that the law allows one to make motions (as in your motion to stay your trial) without notice to anyone. If it gets this far at trial, expect difficulty in getting the Justice to accept that.

djino
Newbie
Aug 20, 2012
5 posts
hi Djino,

I have PMed you the disclosure.

Please let me know if you need anything else.

Many Thanks,
Newbie
Dec 9, 2009
69 posts
9 upvotes
djino wrote:
Aug 21st, 2012 12:22 pm
Yes, you can FAX or MAIL it to the Attorney Generals. But like Step 1 shows, if you decide to fax or mail, then you need to complete the affidavit of service form which needs to be sworn in and given to a court clerk. If you go in person and get the stamp, then no affidavit of service needs to be completed.



At trial, you would argue that the law allows one to make motions (as in your motion to stay your trial) without notice to anyone. If it gets this far at trial, expect difficulty in getting the Justice to accept that.

djino
If I fax it and keep the fax receipt with me (As in Method 2 of posting #2), would I still need to do the affidavit and give it to the court clerk? Also would it be a problem that it was faxed a day late?
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
thegoalie31 wrote:
Aug 21st, 2012 12:19 pm
No, not a red light camera. The officer made his decision to pull me over based on his personal observation and I believe his vantage point was obstructed. Do I still tick "Yes, I intend to challenge the Provincial Offences Officer's evidence. I request that the officer attends the trial". Is there really an exception on the form for s.s. 114 (18.1) Red Light - Fail to Stop?

What does the "Note" on the form mean? - "section 205.20 of the Highway Traffic Act provides that you must apply to the justice at trial if you wish to compel the attendance of the Provincial Offences Officer who issued the Certificate of Offence or who certified the photographs to be tendered at your trial".

Thanks!
I believe the exception here is applying to Right Light Camera tickets. <-- Meaning if you want a cop who issued the certificate of offence (keep in mind, its not a cop who witnessed the offence, but a cop who issued the ticket for a photo radar ticket) to appear at trial -> Section 205.20 requires that you apply for a cop to attend your trial.

Since no photo radar was used in your case, then that point is not relevant. You just check that you would like to challenge the provincial offences officer's evidence.

djino
"Does that make sense?"
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
Al400 wrote:
Aug 21st, 2012 12:46 pm
If I fax it and keep the fax receipt with me (As in Method 2 of posting #2), would I still need to do the affidavit and give it to the court clerk? Also would it be a problem that it was faxed a day late?
No. You should be good to go with simply faxing and keeping the fax receipt. But recall what I wrote in Post #2 concerning using Method 2.
There are 2 legally correct ways to submit a request to STAY your trial. The first is a method of going in person, the second is a fax method. The fax method is not well known. Expect the prosecutor or justice to give you a hard time which is why I recommend going through the first formal process to prevent any push back at trial. So you can choose which method you would want to use, but you will have to accept the level of difficulty that comes with that choice. The easier the method, the amount of difficulty you will face at trial.
djino
Newbie
Aug 19, 2012
36 posts
3 upvotes
Toronto
djino wrote:
Aug 21st, 2012 12:46 pm
I believe the exception here is applying to Right Light Camera tickets. <-- Meaning if you want a cop who issued the certificate of offence (keep in mind, its not a cop who witnessed the offence, but a cop who issued the ticket for a photo radar ticket) to appear at trial -> Section 205.20 requires that you apply for a cop to attend your trial.

Since no photo radar was used in your case, then that point is not relevant. You just check that you would like to challenge the provincial offences officer's evidence.

djino
"Does that make sense?"
Yes, that makes sense. Thanks for your help! I'll be back if I have any more questions...and I'm sure I will :)
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
vikk80 wrote:
Aug 21st, 2012 12:36 pm
hi Djino,

I have PMed you the disclosure.

Please let me know if you need anything else.

Many Thanks,
Sent you a reply.

djino
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
vikk80 wrote:
Aug 21st, 2012 12:36 pm
hi Djino,

I have PMed you the disclosure.

Please let me know if you need anything else.

Many Thanks,
djino wrote:
Aug 21st, 2012 1:14 pm
Sent you a reply.
Also have a look at post #271, 272, and 273 in this thread in which I posted a past case where a defendant was convicted of a careless driving offence, but ended up being acquitted (conviction withdrawn) of the conviction on appeal. It shows the cross examination questions asked and answered by both prosecutor/defendant.

djino
Newbie
Aug 20, 2012
1 posts
Hi Dijino, I just received a parking ticket for parking at a Metro Grocery Store. The security guy there said he had to give me one cause I was there a couple of hours past the 2 hour parking limit. He said they go through another company to issue the parking enforcement people over to give the ticket. Not sure if there's a way of getting around this $30 ticket? Any ideas would be great, talk soon. Thanks! DN
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
DN2222 wrote:
Aug 21st, 2012 4:56 pm
Hi Dijino, I just received a parking ticket for parking at a Metro Grocery Store. The security guy there said he had to give me one cause I was there a couple of hours past the 2 hour parking limit. He said they go through another company to issue the parking enforcement people over to give the ticket. Not sure if there's a way of getting around this $30 ticket? Any ideas would be great, talk soon. Thanks! DN
Follow post #44 which is to not request a trial until the due date of the notice of impending conviction.
djino wrote:
May 22nd, 2012 12:40 pm
WHEN YOU SHOULD DO NOTHING (Don't Pay Fine, Don't Request A Trial)

As I mention in the OP, the first thing you should do when you get a traffic ticket is Request a Trial. Though there are a few exceptions to this rule.

1) Incorrect calculation of fine

...
...
...

2) Parking Tickets

A parking ticket will give you a 2 week due date (15 days), but you actually have 17 days. YOU NEED TO IGNORE IT ( you do not pay it, you do not request a trial, you do nothing - for now).

As per the Provincial Offences Act, s.18, they must send you a Notice of Impending Conviction after 17 days has elapse but no more than 36 days. (no you are NOT convicted yet).

YOU then have another 15 days to respond ( by either paying the fine or requesting a trial). Which means this can take up to Day 58 since receiving the parking infraction ticket.

On the 15th day (due date) of the Notice of Impending Conviction is where you should Request a trial. Why??

Provincial Offences Act, s.18.1(2) states that the city must submit ALL paperwork to the court within 75 days of receiving the parking infraction. Since you have waited until Day 58 to request a trial, they only have 17 days to do this.. If they don't, is a valid reason to have your parking ticket dropped.

But in the chance that they DO NOT do this within the 75 days, you can get the Justice to squash the charge. You would tell the Justice:
Section 17(2) of the Provincial Offences Act requires court documents to be filed within 75 days. They have not done this. You must quash the charge.
----

ALSO NOTE: When you receive your notice of trial, use this specific Parking infraction Disclosure Request sample letter and send it to the Prosecutor requesting disclosure of the evidence against you. This will indicate when the city filed your ticket with the court along with some other info that will be presented at trial:
DISCLOSURE REQUEST

Date: TODAY’S DATE

ADDRESS OF THE PROSECUTOR'S OFFICE

Court Date: YOUR COURT DATE
Location: COURT LOCATION
Defendant: YOUR NAME
Offence Number: YOUR OFFENCE NUMBER
Charge: WHAT THE CHARGE IS


________________________________________________________

General Request
With regard to the above matter and in light of the guidelines set out in R. v. Stinchcombe, 1991 CANLII 45 (S.C.C.), and subsequent cases, I am requesting that you provide me with all relevant information and documentation so that I may prepare my defence against the above charge and make full answer.

Specific Request
Without limiting the generality of the above request, I ask that you also include:
  • the documentation to commence the parking infraction proceeding;
  • the date the proceeding was commenced;
  • the officer's copy of the Parking Infraction Notice (both sides);
  • the Certificate of Parking Infraction;
  • any evidence of ownership;
  • a typed copy of the officer's notes (both sides) and an explanation of any notations or abbreviations.
Missing Information
I also request that you advise me of any information, which is not being disclosed and an explanation for such non-disclosure.

If you require further information from me or have any questions regarding my request for disclosure please do not hesitate to contact me.


_________SIGN HERE________

YOUR NAME
YOUR ADDRESS
When you do receive disclosure, reply to this thread so we can come up with a plan for trial.
djino
Newbie
Aug 20, 2012
1 posts
TORONTO
I received a parking ticket (park in permit parking location without a valid permit; technically after midnight on a city street in Toronto) and the set fine is $30. The ticket looks fine except for the fact that the expiry date (month/year) is incorrect. My bday is in July and so the sticker is valid until July 2013 but the ticket says the incorrect expiry date of June 2013. Is it worth the hassle to fight it based on this minor detail? Thanks for your help.
Newbie
Dec 9, 2009
69 posts
9 upvotes
djino wrote:
Aug 21st, 2012 12:52 pm
No. You should be good to go with simply faxing and keeping the fax receipt. But recall what I wrote in Post #2 concerning using Method 2.



djino
djino,
I faxed it to both numbers and I have the fax receipt. Thanks a million for your help.

I looked up Section 109 to read what it says.

"Notice of constitutional question

109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances:

1. The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by-law made under such an Act or of a rule of common law is in question.

2. A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario.

Failure to give notice

(2)If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be."

No mater how much I read it, I cannot understand if section 109 (2) helps me or is against me!!! Do you know what it means?
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
rocket44444 wrote:
Aug 21st, 2012 6:38 pm
I received a parking ticket (park in permit parking location without a valid permit; technically after midnight on a city street in Toronto) and the set fine is $30. The ticket looks fine except for the fact that the expiry date (month/year) is incorrect. My bday is in July and so the sticker is valid until July 2013 but the ticket says the incorrect expiry date of June 2013. Is it worth the hassle to fight it based on this minor detail? Thanks for your help.
If your question is if the incorrect expiry date is a FATAL ERROR that will immediately get your ticket dropped at trial? The answer is unfortunately No.

Though the incorrect expiry date can help you in your defence to suggest the ticketing officer is unreliable, but it cannot be your only defence. Just follow Post #44 (as I quoted in a reply just before your post) that explains how you should go about fighting a parking ticket. Once you finally receive disclosure, we can discuss options for trial.

djino
[OP]
Deal Guru
User avatar
Feb 24, 2008
12448 posts
3559 upvotes
Gatineau
Al400 wrote:
Aug 22nd, 2012 9:16 am
djino,
I faxed it to both numbers and I have the fax receipt. Thanks a million for your help.
No Problem.
Al400 wrote:
Aug 22nd, 2012 9:16 am
I looked up Section 109 to read what it says.

"Notice of constitutional question

109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances:

1. The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by-law made under such an Act or of a rule of common law is in question.

2. A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario.
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).
Al400 wrote:
Aug 22nd, 2012 9:16 am
Failure to give notice

(2)If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be."

No mater how much I read it, I cannot understand if section 109 (2) helps me or is against me!!! Do you know what it means?
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?"
Newbie
Aug 20, 2012
5 posts
Hi Djino,

I have PMed you the cross examination questions and my statement. Can you please take a look?

Many Thanks,
× < >

Top