Automotive

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

Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
Slotback wrote: Are prosecutor's obliged to tell you when asked, whether the officer has shown up?

I wish to have my speeding ticket (15km over) dismissed seeing as I have not received disclosure after numerous fax attempts. What is the likelihood that the JP accepts my request?

Is it advisable that I tell the prosecutor that I have not received my disclosure before requesting it to the JP?

* Court date is tomorrow.
No they are not required to tell you whether officer is there or not, but you can still ask.

In Ontario, if it is your first appearance, you will not get it dismissed. JP will order prosecutor to get you the disclosure and set another trial date.

Yes tell them you have not recieved it yet before trial starts.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
Mar 7, 2011
3 posts
halifax
I'm really glad I found this thread and I am thankful people can actually give really good advice.

I live in Halifax, NS and my court date was supposed to be May 2nd. I got a letter in the mail (I can upload it once I get home if needed) that says that they are changing the court date because the officer can't make it and the letter is dated April 11th and they say I have 3 choices which is basically to call them to figure out another date, still go to court that day and present my objections or just go to court that day to find another court date.

Should I just try to call them and say I'd like to settle it out of court? Or just try to stretch it as far as I can?

EDIT: I should specify, I was charged back in September of going 113 in a 80 zone (I thought it was a 90km/h zone being a highway). I work for a car dealership and was driving a car to bring it to get work done, so I was going to explain that I wasn't used to the vehicle either.
Last edited by psyko79 on Apr 18th, 2018 12:09 pm, edited 2 times in total.
Newbie
Apr 17, 2018
1 posts
Got a speeding ticket in Gatineau, QC. Ontario Driver. My driver's license # on the ticket is incorrect. I called the municipal court in the area and they said this was not a valid reason to contest the ticket. Is this true?
Deal Guru
User avatar
Mar 23, 2008
13006 posts
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Edmonton
psyko79 wrote: I'm really glad I found this thread and I am thankful people can actually give really good advice.

I live in Halifax, NS and my court date was supposed to be May 2nd. I got a letter in the mail (I can upload it once I get home if needed) that says that they are changing the court date because the officer can't make it and the letter is dated April 11th and they say I have 3 choices which is basically to call them to figure out another date, still go to court that day and present my objections or just go to court that day to find another court date.

Should I just try to call them and say I'd like to settle it out of court? Or just try to stretch it as far as I can?

EDIT: I should specify, I was charged back in September of going 113 in a 80 zone (I thought it was a 90km/h zone being a highway). I work for a car dealership and was driving a car to bring it to get work done, so I was going to explain that I wasn't used to the vehicle either.
I don't really see an advantage to dragging things out more than you have to. If you want to try to settle out of court, go ahead and do that. If you want to fight it, either go on the day they gave you (May 11?, since April 11 is past) or call in and re-schedule. Going on May 2 will just mean another court date, with no real gain for you.

Have you requested disclosure? Neither of your excuses/justifications will get you too far, so you'll have to do better than that to make it worthwhile fighting it.

C
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Mar 23, 2008
13006 posts
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Edmonton
AlexW94396 wrote: Got a speeding ticket in Gatineau, QC. Ontario Driver. My driver's license # on the ticket is incorrect. I called the municipal court in the area and they said this was not a valid reason to contest the ticket. Is this true?
Not sure about Quebec, but probably not a fatal error for your ticket. So I would take the clerk's word on that, and you can try to find another grounds for getting it dropped.
http://traffic.findlaw.ca/article/there ... hrown-out/

C
Newbie
Apr 17, 2018
2 posts
I was stopped for excessive speeding on a rural highway, this past Sunday night at 11pm, in the middle of nowhere, and got my dad's car impounded for seven days. I am already out $100 for the cab home, and $400 for the impound fees, and I am low income. So I am going to dispute the ticket, ideally to have it thrown out, or at least to have the fines and demerit points reduced.

I will have to travel 200km and seven hours for my court date. Is there any way to get the case heard at a nearer court? Is it worth my time and effort, or am I doomed to lose anyway? Is financial hardship a valid consideration for the judge? Will this whole mess impact my father's driving record and insurance rates, as well as mine?
Newbie
Mar 7, 2011
3 posts
halifax
CNeufeld wrote: I don't really see an advantage to dragging things out more than you have to. If you want to try to settle out of court, go ahead and do that. If you want to fight it, either go on the day they gave you (May 11?, since April 11 is past) or call in and re-schedule. Going on May 2 will just mean another court date, with no real gain for you.

Have you requested disclosure? Neither of your excuses/justifications will get you too far, so you'll have to do better than that to make it worthwhile fighting it.

C
Thank you for the advice. I did request the disclosure request and to be honest I don't have any valid argument to contest it.

How should I ask to settle out of court? Just to call them and request that basically?

Thanks again!
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
Kab00dle wrote: I was stopped for excessive speeding on a rural highway, this past Sunday night at 11pm, in the middle of nowhere, and got my dad's car impounded for seven days. I am already out $100 for the cab home, and $400 for the impound fees, and I am low income. So I am going to dispute the ticket, ideally to have it thrown out, or at least to have the fines and demerit points reduced.

I will have to travel 200km and seven hours for my court date. Is there any way to get the case heard at a nearer court? Is it worth my time and effort, or am I doomed to lose anyway? Is financial hardship a valid consideration for the judge? Will this whole mess impact my father's driving record and insurance rates, as well as mine?
In Ontario, you can not get it moved to a closer court.

I assume you were charged with Stunt driving? If convicted, this is the same as having a Impaired charge on your driving record and you will have HUGE insurance increase.

Were you given a SUMMONS or a NOTICE OF OFFENCE?

Unless you are willing to hire a paralegal AND and expert witness to testify to why the radar/lidar may not have been accurate, you will lose if you go to trial. Since you are saying money is an issue, I assume you can not afford this. Although losing at trial will cause you huge money issue with regards to insurance increase.

So the only hope you have is that the prosecutor will reduce the charge to speeding 49 over. Speeding 49 over is much much much less serious for insurance purposes so if you are offered this deal you should take it and run.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
Apr 17, 2018
2 posts
ShrekTek wrote: In Ontario, you can not get it moved to a closer court.

I assume you were charged with Stunt driving? If convicted, this is the same as having a Impaired charge on your driving record and you will have HUGE insurance increase.

Were you given a SUMMONS or a NOTICE OF OFFENCE?
I should clarify, this is in BC and I only received a Violation Ticket, for driving 98km/hr in a 50km/hr zone. (Though I may be able to dispute that, as the road goes from four lanes and 60km/hr down to two lanes and 50km/hr.)
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Mar 23, 2008
13006 posts
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Edmonton
Kab00dle wrote: I was stopped for excessive speeding on a rural highway, this past Sunday night at 11pm, in the middle of nowhere, and got my dad's car impounded for seven days. I am already out $100 for the cab home, and $400 for the impound fees, and I am low income. So I am going to dispute the ticket, ideally to have it thrown out, or at least to have the fines and demerit points reduced.

I will have to travel 200km and seven hours for my court date. Is there any way to get the case heard at a nearer court? Is it worth my time and effort, or am I doomed to lose anyway? Is financial hardship a valid consideration for the judge? Will this whole mess impact my father's driving record and insurance rates, as well as mine?
The court isn't going to pay the officer to come hang out in your town, so you'll have to go to them. You could hire a paralegal, if you want to fight it but don't want to attend. But as far as fighting it goes... All you can do now is request disclosure and see what comes back. Being "low income" isn't a defense to a ticket. You MAY be able to get additional time to pay the fines.

http://www.icbc.com/driver-licensing/ti ... spute.aspx

It should only affect your insurance, I believe.

C
Member
Oct 2, 2012
466 posts
348 upvotes
Ottawa
I just got a red light camera ticket for $325.
I do recall this moment and the first pic shows 0.4s after the light turns red and my front bumper is on the line. The car beside me in the pic is actually slightly further into the intersection than I am.

The scenario was that I was behind this car and I was sure he was going through the intersection on the yellow and I was going to follow him through since we had plenty of time to pass the stop line before a red. However the car I was following performed a hard brake and (you can see his nose diving in the pic) I swerved into the open lane on the right. Because I was doing an emergency maneuver I was only thinking about avoidance and my brain was still in go on the yellow mode. So I went!

The second pic shows me half way into the intersection at 1.3s after the red. The car beside me is half way over the line due to his hard brake.

Is there a case here or should I just pay it?

Thanks
Deal Guru
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Mar 23, 2008
13006 posts
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Edmonton
Barn01 wrote: I just got a red light camera ticket for $325.
I do recall this moment and the first pic shows 0.4s after the light turns red and my front bumper is on the line. The car beside me in the pic is actually slightly further into the intersection than I am.

The scenario was that I was behind this car and I was sure he was going through the intersection on the yellow and I was going to follow him through since we had plenty of time to pass the stop line before a red. However the car I was following performed a hard brake and (you can see his nose diving in the pic) I swerved into the open lane on the right. Because I was doing an emergency maneuver I was only thinking about avoidance and my brain was still in go on the yellow mode. So I went!

The second pic shows me half way into the intersection at 1.3s after the red. The car beside me is half way over the line due to his hard brake.

Is there a case here or should I just pay it?

Thanks
So you were gunning it to get "past the stop line before a red", and were distracted by the car in front of you not following through on the plan?

I'd just pay up. You can go to court if you want, you might get a discount, you might get more time to pay it if you ask nicely. But nothing you've said is going to get your ticket dumped.

C
Member
Oct 2, 2012
466 posts
348 upvotes
Ottawa
I was not "gunning it" to get through. I was following the car in front of me and we easily had time to go through if he maintained his current speed. The pictures don't lie. You can see that he is heavily braking and he still goes at lease half a car length over the stop line. However I have no proof that I was following him and that I made an avoidance maneuver.

I was considering a plea of guilty with explanation and see if I could get the fine cut in half.
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User avatar
Mar 23, 2008
13006 posts
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Edmonton
Barn01 wrote: I was not "gunning it" to get through. I was following the car in front of me and we easily had time to go through if he maintained his current speed. The pictures don't lie. You can see that he is heavily braking and he still goes at lease half a car length over the stop line. However I have no proof that I was following him and that I made an avoidance maneuver.

I was considering a plea of guilty with explanation and see if I could get the fine cut in half.
You're the one that said you were in the "go on yellow mode"... To me, that means accelerating to try to beat the light.

But you can try for the fine cut, and you'll probably get something, especially if your driving record is otherwise clean.

C
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
Barn01 wrote: I was not "gunning it" to get through. I was following the car in front of me and we easily had time to go through if he maintained his current speed. The pictures don't lie. You can see that he is heavily braking and he still goes at lease half a car length over the stop line. However I have no proof that I was following him and that I made an avoidance maneuver.

I was considering a plea of guilty with explanation and see if I could get the fine cut in half.
Your explanation is not a defenese to charge. The charge is ABSOLUTE LIABILITY, like speeding, meaning either you did it or you did not do it.

Red light camera tickets do NOT affect your insurance because they are charged to the OWNER of the vehicle not the DRIVER. But you can definitley try to get the fine reduced. Worst case is JP says no and you still have to pay the same amount.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Member
Oct 2, 2012
466 posts
348 upvotes
Ottawa
ShrekTek wrote: Your explanation is not a defenese to charge. The charge is ABSOLUTE LIABILITY, like speeding, meaning either you did it or you did not do it.

Red light camera tickets do NOT affect your insurance because they are charged to the OWNER of the vehicle not the DRIVER. But you can definitley try to get the fine reduced. Worst case is JP says no and you still have to pay the same amount.
Thanks for the explanation.
Deal Fanatic
Jul 8, 2010
7578 posts
576 upvotes
York
My first court date coming up for my first traffic ticket. Looking over my disclosure, under "Enforcement Agency Notes" I understand nothing. The officer's handwriting is a scribble with a few numbers and abbreviations - do I have a case to postpone my hearing for a few months after telling the judge I have no idea what the disclosure says? Also, the disclosure does not have the officer's badge number on it - there is nothing indicating he wrote it. No name anywhere, no signature, no badge or officer number at the top where it says "Badge No:_______"

I must note I repeatedly asked the officer at the time I was given the ticket what model radar gun he is using and when it was last calibrated. Officer did not provide me with an answer for either question and simply said if he's given the radar gun that means it passed all the calibration tests.
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Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
dankup wrote: My first court date coming up for my first traffic ticket. Looking over my disclosure, under "Enforcement Agency Notes" I understand nothing. The officer's handwriting is a scribble with a few numbers and abbreviations - do I have a case to postpone my hearing for a few months after telling the judge I have no idea what the disclosure says? Also, the disclosure does not have the officer's badge number on it - there is nothing indicating he wrote it. No name anywhere, no signature, no badge or officer number at the top where it says "Badge No:_______"

I must note I repeatedly asked the officer at the time I was given the ticket what model radar gun he is using and when it was last calibrated. Officer did not provide me with an answer for either question and simply said if he's given the radar gun that means it passed all the calibration tests.
I would make another disclosure request to prosecutor saying you can not read the notes and need a typed copy of the notes along with an explanation of any abbreviations used in order that you can properly prepare a defense.

If you have not gotten it by trial date, then definitely tell judge/jp and you should be able to get trial moved to another date.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Deal Fanatic
Jul 8, 2010
7578 posts
576 upvotes
York
ShrekTek wrote: I would make another disclosure request to prosecutor saying you can not read the notes and need a typed copy of the notes along with an explanation of any abbreviations used in order that you can properly prepare a defense.

If you have not gotten it by trial date, then definitely tell judge/jp and you should be able to get trial moved to another date.
I got the disclosure a few weeks ago and have a trial next week. When should I have asked for a typed copy?
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
dankup wrote: I got the disclosure a few weeks ago and have a trial next week. When should I have asked for a typed copy?
As soon as possible. Most likely you wont get it before trial date so you will need to tell judge/jp and get another date.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--

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