Automotive

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

Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
rmvmnm wrote: Hello
I got a parking ticket in Mississauga at 12:46 pm. I have a parking receipt from the meter timed at 12:47. By the time I could get to the machine and pay the enforcement officer ticketed my vehicle. Do i stand a chance to get my ticket waived as it was within a minute. Thanks in advance for any suggestions.
Maybe. Wont hurt to try.
--
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.
--
Sr. Member
User avatar
Aug 11, 2011
837 posts
1425 upvotes
Toronto
ShrekTek wrote: Caselaw has changed since this thread was started years ago... in Ontario, a stay request for lack of disclosure will NEVER succeed on your first apperance. The caselaw says that proper remedy, at first apperance, is to get you the disclosure and set another date. You can still do the whole filing of Stay 4F anyways for the practice, but I guarantee they will just adjourn it to a new date.
Thank you.
Newbie
Feb 26, 2018
3 posts
1 upvote
Hi everyone,

Just wanted to post my experience successfully fighting a “parking in a fire route parking ticket”. Hopefully this can help anyone else in similar circumstances. First off thanks to Shrektek for his several messages of advice leading up to my court date.

I received a ticket for parking in a fire route back in January. I was dropping off my daughter for swim practice at the Etobicoke Olympium and I parked behind a row of cars. When I returned to the car I found that I and the fleet of cars behind me had received tickets for parking in a fire route. I won’t get into all the details here but I found the signage (there were multiple different signs affixed to the same poll) confusing and most significantly I saw that the fire route signed was very weathered to the point that the red circle with a line through it that covered the P to indicate no parking was 100% faded off. I went home and checked the By law that I was charged with (Bylaw 880-14a). When I read through it indicated that fire route signs needed to follow the specifications set out in Schedule B and in particular it noted colour requirements. I looked up the schedule and there was a drawn image of the sign that was in use at the Olympium. The Schedule noted that the red circle with a line through it was a requirement of the sign and that it should be prominent. I went back to the Olympium took some pictures and checked to see if there were other signs along the route. There was one and it was also completely faded.

In Toronto you need to first see a screening officer before you can take your ticket to “court” – more on this later. The screening officer process is a joke it was just a guy with limited training on interpreting the law. He said he did not accept my arguments and that he did not think that there was anything wrong with the sign. I tried to show him the bylaw but he would not look at it and then said he was not sure but that he thought the bylaw had changed I asked for a copy of the new bylaw or if he could direct me to where I could find it and he said he was not sure. I could say more about this unfortunate encounter but my take away is that if you go to the screening officer and say about anything he will give you a token reduction in hopes of expediting you paying the fine. No point trying to make a real legal argument.

Anyway I filed to set a court date – which was earlier today – Again, Shrektek gave me some advice here. When I arrived, I was surprised to learn that there would be no justice of the peace and that the officer is not required to appear in court. Instead the city has set up a new system where you can submit any evidence you have the day of and again speak to someone through a glass and make your case. While the set up was informal once things got started it was quite a formal process. The person I spoke with was a prosecutor and informed on the law. This person would make the final decision and there are no appeals.

So I submitted my evidence which was the bylaw, the schedule B and my pictures. After some formalities the “prosecutor” asked me to present my case. I went over the pertinent sections of the bylaw which spoke to the signage requirements and the schedule B specifications. Without needing to go into further detail about it being dark, the confusing signage and other things, the prosecutor interjected and said that she understood my arguments and my evidence and that if I had nothing else to say she could rule. I said that depended on whether she had issues with my arguments. She said she did not. I asked if that meant I had said enough to have the ticket cancelled and she said yes. In her decision she noted that she still felt the fire route was valid but that she agreed that enough confusion was present given the poor quality of the signage. She said if I parked their again I would be charged. At this point I was not going to split hairs; I just wanted to get out of there without a ticket.

Moral of the story, check the bylaw and make sure the signage is up to snuff.
Newbie
User avatar
May 1, 2018
1 posts
hi all,


Wonderful thread, glad there's help for those who needed advice. I recently got a speeding ticket (30 over) when getting to office in a rush to finish project. First offence of this kind and was planning to go to court for a non-guilty plead to see what happens. Just realized today that the officer misput my first and last name (she wrote my first name where the last name should be on the ticket, vice versa).

I've read here that non-fatal error like this will be corrected if i attend court, but will be forced to be taken "as-is" if I ignore the ticket, which will force the justice to decide if the ticket is still valid in light of the uncorrected error.

http://ticketcombat.com/step1/step1.php


Would much appreciate some advice on this folks. Drive safe
Jr. Member
Mar 19, 2009
110 posts
9 upvotes
Hey gang,

Last time I posted here, I had my win story from a ticket I've fought for almost 2 years, DJINO helped me a lot back then (2012-13 I think). I'm glad this thread is still helping out people here.

Unfortunately just an hour ago, I got "ambushed" by one of those unmarked vehicles as I was turning right just in front of my condo. Seems its quota season right now so be careful out there. In total this cop gave me 3 Tickets (amazing right?)

The incident is as follows, left my condo at Eglinton and Bellamy area around 11pm, no one was around. As I got to the intersection, a Corolla was stopped at the front, no turning signal at all whatsover, so we both waited for the green light at this point of course Im expecting the Corolla in front of me to go STRAIGHT since he was there for a while, nope Corolla all of a sudden turned right and merged into the middle lane at Eglinton, I followed the Corolla right to the middle of course since I was already irritated on why would you wait that long only to make a right anyway. So, while cruising in the middle lane, I saw the next stop light is already Red so I decided to move to the right lane (I didnt signal, there's basically 2 of us approaching the intersection at that moment). When the lights turned green, all of a sudden cop lights came out as I crossed the interestection, of course myself thinking that's me looked at the rear, no one was there, looked in my blind spot car was just switching lane to my lane. He was never behind me the whole time, pulled me over and so it goes. I did asked the Cop when he disclosed that I didn't signal and I made an improper turn at my intersection, if HE HAD SEEN the car in front of me first. He didn't reply, he started pointing out that the lights on my plate # is busted (I have a Sebring 2008 and I tried checking if there are bulbs around it I cant find one - Maybe I'll get it checked). So all in all, 3 tickets with $110 each

- Fail to Signal
- Improper Turn
- Improper "Number PLate Light"

All of these tickets during 11pm, literally 2-5 cars around Eglinton at that time. Quota target too obvious?

Made me wonder, what was on his dashcam from the moment I made right on the intersection. My last Trial, the judge dropped my ticket because the cop tried nailing me a "failure to switch lane" during an emergency stop when I was pointing out that there's a car to my left and I couldn't do so, the prosecutors even stopped the video while on trial too early until I asked the Judge to let the video play so that he can see there's a car to my left.

Question to my fellow RFDers, any one dealt with this before already? I will be asking for Trial and will ask for disclosure. Hopefully the procedure is still the same and all, much appreciated any insights.
Sr. Member
Jul 2, 2009
501 posts
242 upvotes
Montreal
Hi,

I live in Montreal, Quebec.
Are the cops allowed to enter a condo building's closed private garage in order to give a basic traffic ticket?
The cops followed my car into the garage all the way to my parking spot. I was basically out of my car when they parked next to me and gave me a ticket.
I didn't know they were following me since the sirens were off (apparently I burned a red light).

Thank you
Newbie
Jan 1, 2008
92 posts
2 upvotes
Mississauga
CNeufeld wrote: I was going to reply to your long post, but this one is shorter, so... :)

I would say it's unlikely you'll win if you go to trial. So you can meet with the prosecutor, remind them nicely that you have a long clean driving record, and ask for a break. I would guess you'll be able to negotiate some kind of reduction. But it will still count as a conviction on your insurance, even if you reduce the demerits. So it's your choice about whether it's worth it to spend your time to save (for example) $100.

As far as the paralegal goes, unless you can get a guarantee they will get you off entirely (no plea bargaining down to a reduced fine), it wouldn't be worth it to hire one. You can do the same thing they can do.

And as ShrekTek said, nothing you posted is any kind of defense. Doesn't matter what the other guy did, doesn't matter why he picked you instead of the other guy, etc. So you'll be wasting the court's time and your time if you wait for a trial and argue that. Unless, of course, the cop doesn't show...

C
Hi sorry for the late reply. Been so busy at work. I just realized tomorrow is my trial. So when you guys said to meet with prosecutor, what exactly do you meant by that? When i go to trial tomorrow, do we meet up with the prosecutor first before standing in front of the judge? Is that where i will say how sorry i am that i made a mistake etc.. with the prosecutor? Or i should have met with the prosecutor first? days before the trial?

Thanks (so nervous)
Newbie
Jan 1, 2008
92 posts
2 upvotes
Mississauga
ShrekTek wrote: Basically if you go to trial you will lose. This type of charge (rolling stop signs, running red lights) where it is basically the officer saying you did something is almost impossible to beat.

There is nothing wrong with going to trial to learn how the court system works, if you have the time.

There are 4 options that I see...

(1) Best case is that when you show up for trial, the prosecutor will offer you a plea deal to some lesser charge that has smaller fine (but most likely will still affect your insurance).

(2) Next best case is you claim all your financial hardships and how sorry you are and try to get the fine reduced.

(3) Worst case is that you lose at trial and still have to pay the full amount.

(4) Or you can just pay the fine and be done with it.
Hi sorry for the late reply. So basically you recommend me to do option #1 right? So how do I know if I’m getting a good deal from the prosecutor? Or do i just accept what he/she has to offer me and be done with it?

Thanks... I’m so anxious right now help
Newbie
May 5, 2018
8 posts
This morning I was caught in a speed trap (clear morning, low density commercial / industrial). Officer clocked me on radar going ~20 over in a 60 zone.
The ticket was reduced to 15 over 60 and no demerit points. The fine is $52.50. The fine is no problem but I'm concerned about insurance for the next 3 years.

From what I've read the last 20-30 pages or so it doesn't seem likely that I'll be able to get this thrown out. Thoughts?
The fine is due to Halton Court Services. Not sure what the track record there is with trails, seems like I'd be gambling to get this thrown out.
Ticket has R on it. If I understood correctly then there's not much I can do with a disclosure.

How will this affect insurance? Any experiences with this? I'm up for renewal in June and the rate was to be reduced.
Jr. Member
Oct 13, 2015
102 posts
51 upvotes
Brampton, ON
Need advice.

Got a speeding ticket and deliberating whether to fight it or not. I was turning on to road of speed limit of 80 to speed limit of 40. When I entered the zone, i was doing 40 as expected but after slight curve noticed the next signal was going to turn amber soon. I goofed up and increased the speed to clear the next intersection before red light. I did not notice there was grey stealth police cruiser waiting with radar opposite side of road. I did break to reduce the speed after seeing the police car but it was too late. Police officer said I was going 30 over but looking at my clean record, reduced it to 10 over speed limit so no demerit points. He mentioned if I go to trial, it will be back to original charge of 30 over speed limit with demerit points. I don't have much of defense if i go to trial, but I get it dropped if the police officer does not show up. my question is if I go to trial, will I pleading to charge of 30 over or 10 over if the police office showed up at trial? if it will be 30 over then I dont see a point of going to trial.
I have today and tomorrow to decide.
Jr. Member
Nov 3, 2005
120 posts
11 upvotes
ShrekTek wrote:
You have already sent 2 request and have called to check on disclosure. Keep notes on the dates you sent requests and dates you called. You can send another request if you want, but not that necessary.

At trial if the officer shows up, you can ask for it to be dropped because it was not provided, but JP will order prosecutor/officer to get it to you and set a new date. If you get to a second trial date, then you might get it dropped for lack of disclosure but not at first trial date.
My trial date will be in 2 weeks but there is still no disclosure available. They told me that just last week in my the fifth call to the procecutor office . They also told me to ask for it at the trial. I have not been to the traffic trial before. Any advice to appear in front of the the JP? I am thinking to hire an expert to represent me at this trial to get the ticket off my record.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
maxme09 wrote: Need advice.

Got a speeding ticket and deliberating whether to fight it or not. I was turning on to road of speed limit of 80 to speed limit of 40. When I entered the zone, i was doing 40 as expected but after slight curve noticed the next signal was going to turn amber soon. I goofed up and increased the speed to clear the next intersection before red light. I did not notice there was grey stealth police cruiser waiting with radar opposite side of road. I did break to reduce the speed after seeing the police car but it was too late. Police officer said I was going 30 over but looking at my clean record, reduced it to 10 over speed limit so no demerit points. He mentioned if I go to trial, it will be back to original charge of 30 over speed limit with demerit points. I don't have much of defense if i go to trial, but I get it dropped if the police officer does not show up. my question is if I go to trial, will I pleading to charge of 30 over or 10 over if the police office showed up at trial? if it will be 30 over then I dont see a point of going to trial.
I have today and tomorrow to decide.
It will only go to the original charge IF you go all the way to trial. I believe you can plead guilty at the start of the trial and still get the lower charge. But the prosecutor probably won't tell you before the trial if the police officer is there or not, so...

C
Jr. Member
Oct 13, 2015
102 posts
51 upvotes
Brampton, ON
I guess I should pay the fine and be done with it.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
MrLout wrote: This morning I was caught in a speed trap (clear morning, low density commercial / industrial). Officer clocked me on radar going ~20 over in a 60 zone.
The ticket was reduced to 15 over 60 and no demerit points. The fine is $52.50. The fine is no problem but I'm concerned about insurance for the next 3 years.

From what I've read the last 20-30 pages or so it doesn't seem likely that I'll be able to get this thrown out. Thoughts?
The fine is due to Halton Court Services. Not sure what the track record there is with trails, seems like I'd be gambling to get this thrown out.
Ticket has R on it. If I understood correctly then there's not much I can do with a disclosure.

How will this affect insurance? Any experiences with this? I'm up for renewal in June and the rate was to be reduced.
There’s no reason based on what you posted for them to “throw out” your ticket. So if you take it to trial (not trail), you’ll be rolling the dice on the officer being there or not. But you don’t have much to lose, as you can plead guilty at trial and avoid going back to the original charge, which isn’t much more anyway.

As far as insurance... If you send in your money now, you’re pleading guilty. Which means it can show on your abstract if your company pulls it for this renewal. If you go to trial, it will probably be after your insurance is renewed this year, so you might be able to push it off a year. But then you might have “ticket forgiveness”, meaning your first ticket won’t cause an increase anyway. You’ll have to investigate that yourself.

C
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
tommi wrote: My trial date will be in 2 weeks but there is still no disclosure available. They told me that just last week in my the fifth call to the procecutor office . They also told me to ask for it at the trial. I have not been to the traffic trial before. Any advice to appear in front of the the JP? I am thinking to hire an expert to represent me at this trial to get the ticket off my record.
I would not waste your money yet.

Show up for trial date. Prosecutor may or may not have disclosure for you.

Either way, when you get up in front of JP, you say you have been diligent in trying to get disclosure because you sent letter on dates AAA and BBB and then called on dates CCC and DDD and EEE and they still did get it to you so you have not been able to prepare a defense and want the charges dropped.

Most likely JP will not drop charges but will instead tell prosecutor to get you disclosure and set a new trial date.

You should object and say "I object to a new trial date for the reasons I just gave, but if that is your decision then the delay needs to be counted against the prosecution and not me because I did my best and it is their fault I did not get it."
--
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.
--
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
caltex wrote: Hi sorry for the late reply. So basically you recommend me to do option #1 right? So how do I know if I’m getting a good deal from the prosecutor? Or do i just accept what he/she has to offer me and be done with it?

Thanks... I’m so anxious right now help
If prosecutor offers you a deal, you can say "Can I have a few minutes to go google it and call my insurance company to figure out if its a better deal for me insurance wise?" They will most likley give you some time to figure that out. Usually if they offer you a deal it will involve a reduced fine but probably it will still affect your insurance. Anyways it is up to you to figure out if its a better for you or not.
--
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.
--
Jr. Member
Nov 3, 2005
120 posts
11 upvotes
ShrekTek wrote: I would not waste your money yet.

Show up for trial date. Prosecutor may or may not have disclosure for you.

Either way, when you get up in front of JP, you say you have been diligent in trying to get disclosure because you sent letter on dates AAA and BBB and then called on dates CCC and DDD and EEE and they still did get it to you so you have not been able to prepare a defense and want the charges dropped.

Most likely JP will not drop charges but will instead tell prosecutor to get you disclosure and set a new trial date.

You should object and say "I object to a new trial date for the reasons I just gave, but if that is your decision then the delay needs to be counted against the prosecution and not me because I did my best and it is their fault I did not get it."
Thank you. If the JP counts against the prosecution, does it mean the additional wait time is counted against the 18 months that could be used to ask for a stay? What would a day in the traffic court be like, anyone has had recent experience at traffic court?
Sr. Member
Jun 15, 2017
736 posts
165 upvotes
Ontario, Canada
tommi wrote: Thank you. If the JP counts against the prosecution, does it mean the additional wait time is counted against the 18 months that could be used to ask for a stay? What would a day in the traffic court be like, anyone has had recent experience at traffic court?
Yes it counts towards 18 months IF it is counted against prosecution. If delay is counted against you then it does not apply to 18 months.

Best way to to learn about what its like in traffic court is to show up! :)
--
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
May 5, 2018
8 posts
CNeufeld wrote: There’s no reason based on what you posted for them to “throw out” your ticket. So if you take it to trial (not trail), you’ll be rolling the dice on the officer being there or not. But you don’t have much to lose, as you can plead guilty at trial and avoid going back to the original charge, which isn’t much more anyway.

As far as insurance... If you send in your money now, you’re pleading guilty. Which means it can show on your abstract if your company pulls it for this renewal. If you go to trial, it will probably be after your insurance is renewed this year, so you might be able to push it off a year. But then you might have “ticket forgiveness”, meaning your first ticket won’t cause an increase anyway. You’ll have to investigate that yourself.

C
Thanks for the response. I think I have some idea of what to do now.

So I'd go the court house to get a trial date. I'll attend that. If the officer doesn't show up (I hear this is unlikely) then it's thrown out? Would I have to do or say anything in this case other than show up?

What happens if the officer is there? What's the usual order of the trial? Do they ask me to plead first for the reduced ticket? Or do they immediately increase from reduced after I request a trial?
Newbie
May 8, 2003
21 posts
1 upvote
Hi, need some advice, as I have a court date next week.

I received a ticket for speeding 58 in a 40 zone close to my house. The officer that stopped me setup a speed trap in an odd spot, visibility is partially obstructed on his side, and I could barely see him when he came out on the road, I didn't even realize he was an officer as it was so dark. I didn't notice my speed, so I took his word on it, but as the light for me was red I would not have been in a hurry to stop and wait.

The disclosure details are below:

174, blk Honda, dr alone, says sorry a couple of times, polite

TUE, 6017/Explorer, mild, dry.
Set up laser Atlanta 500813 on s/side Berry rd at Glenn Arthur Dr.
1 lane EB/posted 40km/h (400m, 300m partially obstructed by tree/leaves until you get closer to it), about 20m beyond setup)
Tested LA: 1. 2:39pm, 2. 11:09pm (55m/61m/77m)
Trained qualified officer

HTA 128

Overall I have a clean record, I've only ever had one other ticket (speeding), but that was over 13 years ago. Is there anything that you would recommend?

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