Automotive

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

Sr. Member
Dec 30, 1969
808 posts
262 upvotes
dg00 wrote:
Jul 27th, 2016 10:51 pm
Do you think we should try to negotiate a plea deal with the prosecutor so that she pleads guilty to one in exchange for them withdrawing the other? Would a prosecutor likely make this deal?
- Worth a try, if that's what you want
- Depends on the prosecutor
Newbie
Jun 17, 2016
2 posts
Hi, I received a speeding ticket for going 29 km over the speed limit in Canmore, AB. I was wondering, is it considered a fatal error if the officer does not indicate how the speed was recorded (there are boxes on the ticket that should be checked off to indicate how the speed was recorded)?
Newbie
Jul 27, 2016
2 posts
Hello,

I received a ticket back in Jan in Edmonton; my trial date is tomorrow (07/28) in the morning, but I found this thread just now :/ Anyway, I received a ticket that says 51(i): possess operator's license not subsisting (so the offense and particular are not matching); although the notice of trial says 51(L) (which i the correct offense corresponding to that particular). Basically, I was asked for my license, but didn't have it as I didn't have my wallet; I had not been driving, as I had a health condition that impeded it. I told the officer I didn't have my license, he asked for registration papers, and when I pulled them out of the folder, out came an old license I had reported lost back in 2014. In the disclosure (officer's notes) he states that he gave me a ticket for having an expired license, even though he did a check and also states that I have valid license and provides a clean 10 year abstract. I sought lawyers, but none of them wanted to take the case as they said the offense does not carry demerit points.

Someone suggested to me to ask the crown prosecutor to drop charges based on the 51(i)/51(L) mistake; would that get me anywhere? And if she refuses, and I proceed to trial, can I use a due diligence defense (as I read on here). I didn't actually have an operator's license that was "not subsisting" as I had no knowledge that the "lost" one had been in my glove compartment all this time.
Any help, greatly greatly appreciated.
Sr. Member
Dec 30, 1969
808 posts
262 upvotes
sarahb88888 wrote:
Jul 28th, 2016 12:19 am
Hi, I received a speeding ticket for going 29 km over the speed limit in Canmore, AB. I was wondering, is it considered a fatal error if the officer does not indicate how the speed was recorded (there are boxes on the ticket that should be checked off to indicate how the speed was recorded)?
No.
Deal Addict
Jul 17, 2011
3370 posts
1028 upvotes
trinxified wrote:
Jul 25th, 2016 6:55 pm
Got my court date coming up for parking 3m fire hydrant... $100 fine.

is this worth going to the court at 9am in the morning (probably rush hour traffic at Eglinton too)?

or just cough up and pay it?

what are the chances I can get it completely off or reduced by how much?
reposting for answer? thanks.
Newbie
Jul 27, 2016
2 posts
Not sure if my first post was lost. Got a ticket for 51(i): possessing an operator's license not subsisting, although the trial notice says 51 (L). Essentially, I did not have my license to provide when PO requested it. He then asked for registration and when I was pulling it out of the little plastic folder, a license I lost in Aug 2014 became visible. It was reported lost, I got a replacement, which is my current one, which is valid. I was not operating the vehicle due to a medical condition and was being driven by someone else, but officer's notes state an officer "saw me driving the vehicle".

I was told to talk to the Crown Prosecutor to drop charges. Is the discrepancy between the section # and description of particulars enough to get the charges dropped (i.e. insufficiency), or should I go to trial and argue due diligence (that I reported the lost license and got a replacement)?

Any help, greatly appreciated. Thanks!
Sr. Member
Dec 30, 1969
808 posts
262 upvotes
trinxified wrote:
Jul 25th, 2016 6:55 pm
Got my court date coming up for parking 3m fire hydrant... $100 fine.

is this worth going to the court at 9am in the morning (probably rush hour traffic at Eglinton too)?

or just cough up and pay it?

what are the chances I can get it completely off or reduced by how much?
trinxified wrote:
Jul 28th, 2016 3:36 am
reposting for answer? thanks.
Only you can answer those questions, except for the last one ─ answer there is "no way to know unless you try"
Sr. Member
Jul 30, 2015
916 posts
293 upvotes
Toronto, ON
G0DKING wrote:
Jul 28th, 2016 12:02 am
Yes.
Thanks. Can you please tell me how to do it? Should I go back to where I submitted the ticket to request for trial? Or should I phone? Or is it when I meet the prosecutor?
Sr. Member
Dec 30, 1969
808 posts
262 upvotes
canoek wrote:
Jul 28th, 2016 11:09 am
Thanks. Can you please tell me how to do it? Should I go back to where I submitted the ticket to request for trial? Or should I phone? Or is it when I meet the prosecutor?
Honestly, I don't know exactly, as I've never encountered it before.
You could go back and ask the court clerk; they might know. Or you could ask the prosecutor when you meet him/her (though (s)he could give you bad information so as to sabotage your case)
I assume you would need to get it translated by a competent translator and get a certificate from the translator that the translation is accurate and complete (rules may vary by province; if not this, then the court may appoint a specific translator for it)

I would have the original recording, a subtitled recording with the translator's translation (which I'd use in court), and a transcript in case the judge asks for it ─ and enter one or more into evidence as necessary
Member
User avatar
Jun 3, 2007
245 posts
96 upvotes
Toronto
trinxified wrote:
Jul 28th, 2016 3:36 am
Got my court date coming up for parking 3m fire hydrant... $100 fine.

is this worth going to the court at 9am in the morning (probably rush hour traffic at Eglinton too)?

or just cough up and pay it?

what are the chances I can get it completely off or reduced by how much?.
No reductions in Toronto any more, afaik (since the beginning of the year). It's all or nothing, so if there are no mitigating circumstances, you're prob SOL. Also, noticed the past 2 times I was in that the prosecutors were hella vindictive, pushing the justice to not give any concessions other than time to pay - this is in Toronto South Court though.
Newbie
Jan 2, 2012
4 posts
HULL
Hi,

I received a parking ticket on May 20 for "park within 3 m of a point on the curb or edge of roadway opposite fire hydrant" in Ottawa. I followed the instructions on this thread and ignored it and waited to get a notice of impending conviction. I never got that notice but I got the "Notice of fine and due date" today which says that I have been convicted on July 26 and must pay by August 26. Is there anything I can do at this point?
Sr. Member
Dec 30, 1969
808 posts
262 upvotes
bezumnik wrote:
Jul 29th, 2016 12:17 am
Hi,

I received a parking ticket on May 20 for "park within 3 m of a point on the curb or edge of roadway opposite fire hydrant" in Ottawa. I followed the instructions on this thread and ignored it and waited to get a notice of impending conviction. I never got that notice but I got the "Notice of fine and due date" today which says that I have been convicted on July 26 and must pay by August 26. Is there anything I can do at this point?
Are there any errors on the ticket, even errors that could be corrected at trial can become fatal errors if you do nothing and they find you guilty, because at that point they can't amend anything; this includes a misspelled name or incorrect fine amount, driver's licence, address or citation of the charging act. The ticket should then be quashed; if it wasn't, then then you have an opportunity to appeal based on an error of law.
May vary by province
Member
User avatar
Jan 8, 2010
215 posts
18 upvotes
FruityMonkey wrote:
Jul 20th, 2016 1:47 pm
Made a right turn on a yellow right turn arrow light then got stopped by a cop. Cop indicated that I turned when the arrow was gone and said that on top of that I didn't slow down to do the turn. I checked my cam, the turn was made when the yellow light just went away as I was turning into the road I intended, but when I was facing it the arrow was still there and in the video I clearly slow down to make the turn. This was back in Feb 22/16.

I have since requested disclosure 1st time on 04/16/16 via fax than a second time on 06/25/16 via registered mail, still did not receive anything.

I already missed the opportunity to file a stay 15 days prior to my trial date on 07/28/16 so would I just go to the court on the day and just request a stay? Or is it adjournment?

For plan B - if they refuse a stay. If I have video to argue my point how would I go about presenting my side of the story? Do I just bring a usb with the video it to the trial?

Any suggestions/help will be appreciated.
My motion to stay was denied so I got adjournment in the matter to a later court date. The prosecutor handed me the disclosure yesterday and I am suppose to get an DVD once its ready - fill out another disclosure form. This court date is just short of the 10 months so I guess I cannot argue that is unreasonably long? Its about 17 days short of the 10 month mark.

So should I start checking to make sure nothing is missing in the disclosure and just prep my defense?

Thanks!
Sr. Member
Dec 30, 1969
808 posts
262 upvotes
FruityMonkey wrote:
Jul 29th, 2016 7:34 am
My motion to stay was denied so I got adjournment in the matter to a later court date. The prosecutor handed me the disclosure yesterday and I am suppose to get an DVD once its ready - fill out another disclosure form. This court date is just short of the 10 months so I guess I cannot argue that is unreasonably long? Its about 17 days short of the 10 month mark.

So should I start checking to make sure nothing is missing in the disclosure and just prep my defense?

Thanks!
You're welcome, and to answer your question: yup, if the disclosure is still improper/incomplete, you can wait until like a month before the trial date and make another request (to show that you were proactive in attempting to get full disclosure), then file the notice for the stay, remembering to satisfy the "at least 15 days before the trial" rule (i.e. almost 3 weeks) ─ or you could request disclosure like a week before the trial and have your motion heard again without notice, but the judge might give you a hard time for not filing notice; even if your stay's denied, they'll have to adjourn to allow you to go over the disclosure, provided you have a proper argument for why you need the missing piece of disclosure, thereby putting you over the 10 month barrier

On what grounds did they deny your motion to stay
Sr. Member
Jul 30, 2015
916 posts
293 upvotes
Toronto, ON
G0DKING wrote:
Jul 28th, 2016 12:32 pm
Honestly, I don't know exactly, as I've never encountered it before.
You could go back and ask the court clerk; they might know. Or you could ask the prosecutor when you meet him/her (though (s)he could give you bad information so as to sabotage your case)
I assume you would need to get it translated by a competent translator and get a certificate from the translator that the translation is accurate and complete (rules may vary by province; if not this, then the court may appoint a specific translator for it)

I would have the original recording, a subtitled recording with the translator's translation (which I'd use in court), and a transcript in case the judge asks for it ─ and enter one or more into evidence as necessary
Thank you.
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