Automotive

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

Member
May 11, 2009
442 posts
99 upvotes
Is it possible to change my court date sooner than it is? I just went to date to get it adjourned to June 26th but I'd like to move it forward because I have training scheduled this week. Can I send a request to them to move the date up?
Sr. Member
Dec 9, 2014
889 posts
291 upvotes
My input is in underlined and in in bold[/u]
NarodNick wrote:
Mar 15th, 2017 5:15 pm
Hello
Thank you
Yes I requested an interpreter. Yes English is not my first language.

two more questions:
1) Can I hear the prosecutors offer first? Before I request the adjournment ? Yes, get to the hearing a bit early and try discussing/negotiating with the prosecutor To see if it is ok for me (I mean no affect to Insurance ! I would pay the fin ! But I have to be sure there wont be affect to insurance for long years...)? Call your insurance provider anonymously to find out
- its DL Suspention
- and 3 demerits points for speeding (over 20kg - 60 where 40)
2) how should I act with the prosecutor - the offer is final? Or I can ask for more ? as example - to avoid the DL Suspension for G1 driving unaccompanied ? and make my speeding with no demerits points - 15 or 10 Km over?
Should I just ask about that? And if no deal - request an adjournment? You can ask for anything, but it's a negotiation; the prosecutor wants to feel like the deal is worth more than the hassle of trial ─ in the end, the prosecutor wants a conviction: (s)he may be fine with reducing the fine(s) and/or getting rid of one of the charges altogether if that means (s)he'll get a conviction without another trial to add to the workload

2) If the Prosecutor and then JP will decline my request of adjournment!? (can it happened (I mean I got disclosure on hand 13 days before the trial - is that a real legal reason) - or JP have to grant my request?) It can happen, but I'd say there's a supremely small chance of it
If they both decline it - Can I appeal the trial and get a new date to prepare and may be come with lawyer? You can't appeal until and unless the trial ends and you're found guilty

3) and If the Cop wont show up just on Trial - Can I use it to win? Cause as I understand - I have to request an adjournment At once as I see JP? BTW - how is that going? Trial is staring - what will I have the word to request the adjournment ? If you can recognize the cop, I'd wait to see if he comes and not even talk to the prosecutor, then see if the prosecutor tries to adjourn or motions to dismiss; if cop ends up coming, you just ask to adjourn

You request adjournment by saying this: Your worship, I move to adjourn to another date, preferably two weeks from now
Reason: due to only receiving disclosure less than two weeks ago and not having the time to fully review the material, enough to know whether or not to proceed to trial and/or whether to secure legal representation
Last edited by G0DKING on Mar 15th, 2017 6:31 pm, edited 4 times in total.
Deal Addict
Jul 20, 2010
1106 posts
176 upvotes
Vancouver
TrevorK wrote:
Mar 15th, 2017 1:52 pm
If you pay your ticket you are admitting guilt. It's not a criminal charge or anything like that - but you are admitting that you are guilty of the offense. That means you will have to accept the demerits as well (if any apply).

For basic insurance Alberta actually uses a grid system that determines the maximum (not minimum, many companies charge less than the maximum - they claim 94.5% of drivers pay less than the grid amount). Again, this is only for third party liability:
http://www.airb.alberta.ca/gridrate/airbgridinfo.aspx

Additionally, many insurance companies will over look your first minor ticket.


Is it worth flying back to BC? That's really your call. I assume the flight will be 250-400 (as you do not pick the day you fly back) itself, in addition to your hotel cost (if you stay a night), parking, transportation in Vancouver, etc. All this without a guarantee that you will be found not guilty. Remember, insurance works off of convictions so just having your ticket lowered can still increase your insurance even if you do not receive demerits.
Ok so if I decide to take it to court, and gamble that it will take longer than a year to get a hearing date, but in case it doesn't get that far, and I decide not to attend the hearing, do I get any additional convictions? Still non-criminal right?
Newbie
Dec 30, 2016
36 posts
G0DKING wrote: 2) If the Prosecutor and then JP will decline my request of adjournment!? (can it happened (I mean I got disclosure on hand 13 days before the trial - is that a real legal reason) - or JP have to grant my request?) It can happen, but I'd say there's a supremely small chance of it
If they both decline it - Can I appeal the trial and get a new date to prepare and may be come with lawyer? You can't appeal until and unless the trial ends and you're found guilty

If both (Prosecutor and JP) decline my request of adjournment - and I was found guilty at the end or trial. How to proceed in correct way to get a new date or trial - via appeal? Using this fact that I received disclosure less than two weeks before trial?
Deal Guru
Aug 2, 2001
13484 posts
4114 upvotes
john.canad wrote:
Mar 15th, 2017 6:32 pm
Ok so if I decide to take it to court, and gamble that it will take longer than a year to get a hearing date, but in case it doesn't get that far, and I decide not to attend the hearing, do I get any additional convictions? Still non-criminal right?
Criminal conviction would not come from a speeding ticket - while I am not familiar with BC I am very comfortable in saying that this sort of outcome is not going to happen.

In some provinces you risk paying some sort of additional surcharge on top of your ticket if you fight it and lose.
Member
Oct 25, 2011
203 posts
9 upvotes
Ohmare_Q wrote:
Mar 15th, 2017 6:03 pm
Is it possible to change my court date sooner than it is? I just went to date to get it adjourned to June 26th but I'd like to move it forward because I have training scheduled this week. Can I send a request to them to move the date up?
You can file for a motion to adjourn for a later date. Understand this will work against you for a 11b charter challenge.
Deal Addict
Jul 20, 2010
1106 posts
176 upvotes
Vancouver
TrevorK wrote:
Mar 15th, 2017 9:35 pm
Criminal conviction would not come from a speeding ticket - while I am not familiar with BC I am very comfortable in saying that this sort of outcome is not going to happen.

In some provinces you risk paying some sort of additional surcharge on top of your ticket if you fight it and lose.
It's not a speeding ticket, it's a distracted driving ticket. No persons or anything else were harmed
Deal Fanatic
May 31, 2006
5094 posts
112 upvotes
Toronto
Havo wrote:
Mar 15th, 2017 9:19 am
My court date is coming up within a week. I had originally requested disclosure when I received my court notice but have not received anything. I have even called to follow up and they have advised that nothing was submitted by the officer. I guess I can argue that I did not receive my disclosure and they will likely want to reschedule my court date. Is this correct?
Can anyone chime in? I received my ticket back in April 2016 and if they reschedule for a later date, my guess is it would be a few months down the road. Would it be possible for them to toss out the ticket this time around? Or if they reschedule, would I be able to file for 11b at that point since it would be well over a year?
Newbie
Mar 14, 2017
1 posts
I just got a letter in the mail from a collections agency stating I owe $2800 in parking tickets from 2001-2003 back when I was studying and living in Ottawa. (Note - the letter outlines $1300 in fines so not sure where the other $1500 comes in?)

Fast forward 15+ years later I now live in Vancouver. I never received a notice to appear in Ontario court - just this collection agency bill.

Is there any hope of getting this bill reduced with the City of Ottawa? Province of Ontario? Should I negotiate with the collection agency?
Deal Addict
Sep 24, 2010
1706 posts
156 upvotes
Have any one successfully won speeding ticket in Gatineau or filed 11b ?
Member
Nov 21, 2008
410 posts
95 upvotes
Ontario, Canada
TheImp wrote:
Mar 12th, 2017 6:12 pm
(I'll skip the story about what happened, since I think this will just provoke unhelpful debate. Suffice to say I found myself in a situation where I could either slam on the brakes or proceed through a clear intersection where the light was yellow. I made the decision to proceed and the light turned red 0.1 seconds - yes, it says that on the ticket - before I entered).

As I said.. so I got a red light ticket.. now what?
I feel I could probably make a case that my actions were reasonable, safe driving, although my understanding is this is very unlikely to succeed. As well, upon reflection, I think there are actions I could have taken previously to avoid getting into the situation where running the red was the safest course of action (for one, I was speeding).

There are three options available:
1) Trial option (plead not guilty).
2) Early resolution option (meet with prosecutor).
3) Plead guilty.

I think the best I can possibly hope for is to have the fine reduced.
Which is the best option for me to take in this case (1 or 2)? Unfortunately the courthouse is not more than 75 km away, so an early resolution option by phone is not possible.
What province? In Ontario, if you ignore it you will be found guilty and it will show up on your MTO record and you will not be able to renew your drivers license or vehicle sticker until you pay it.

Does the photo also have a speed on it?

What is the exact charge on the ticket (wording and section number)?

For Ontario, I recommend you plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial you can then request disclosure. In your disclosure I would ask for the following:
- Make, Model, Serial Number and Date of Manufacutre of the device used to take the photo and the device used to measure the speed.
- Notes of all officers/personnel involved in the installation, setup, calibration of the unit(s) involved.

As a side note, in Ontario, Photo Radar and Red Light Camera tickets are charged to the OWNER of the vehicle and not the driver. This means that they will NOT show up on your driving record and they will NOT cost you any demerit points and they do NOT cause your insurance to go up. So other than the fine, there is nothing else to worry about with this type of ticket.
Last edited by jsherk on Mar 16th, 2017 8:14 am, edited 1 time in total.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
410 posts
95 upvotes
Ontario, Canada
iHop wrote:
Mar 13th, 2017 12:43 am
Got a ticket for doing 111km/h in a 90 zone in Banff national park. I have a ontario DL and on the ticket, I can't see my DL #. I have no problem paying the fine but I am just worried about demerit points transferring over when I plead guilty and pay the fine. Points do transfer over right from AB to Ontario?
Yes points carry over from other provinces to Ontario. At 21 over, it would be 3 demerit points against your Ontario license and possibly an increase in insurance. But remember in Ontario even a 0 demerit point charge can still cause an increase in insurance. Unless you are staying in Banff for a while you will need to either go back out to fight the ticket yourself or hire lawyer out there to fight it for you.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
410 posts
95 upvotes
Ontario, Canada
bizzyseller wrote:
Mar 13th, 2017 9:44 am
If the JP does not grant and adjournment, would I have to decide on my decision on the spot (ie: not guilty vs guilty)?

Would a not guilty plea, without having time to analyze a disclosure been seen as reasonable?

Thank you.
Yes you would have to decide on the spot. I recommend you choose not guilty and then go ahead with the trial. You will of course most likely lose. But the JP not given you time to review the disclosure and not giving you time to prepare is an excellent reason to win on an appeal. You have to pay the ticket when you file the appeal paperwork, and you have to pay to order transcripts of the trial, but most Judges at an appeal would see that it was unfair.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
410 posts
95 upvotes
Ontario, Canada
xaueious wrote:
Mar 13th, 2017 11:11 am
I'm not sure if the advice in OP is outdated.

I was in court recently and was challenged by the prosecutor regarding case law, that there is a new decision on July 8 2016 by R. v. Jordan, [2016] SCC 27 (hereinafter, “Jordan”) which renders the delay to 18 months or more as excessive. This is significantly different than the 10+ months in this thread as old advice.

There are still numerous websites that refer to the old case as basis, and the templates for notice of constitutional question are also based on the wrong case and therefore no longer apply.
If anybody has had a Justice of the Peace apply the 18 months of the R v Jordan decision to their Provincial Offences Court proceeding, I would appeal it.

If you read the first few paragraphs of R v Jordan https://scc-csc.lexum.com/scc-csc/scc-c ... 7/index.do it says this:
"A new framework is therefore required for applying s. 11 (b). This framework is intended to focus the s. 11 (b) analysis on the issues that matter and encourage all participants in the criminal justice system to cooperate in achieving reasonably prompt justice, with a view to fulfilling s. 11 (b)’s important objectives."

My argument would be that the 10 to 12 months still applies as the R v Jordan decision was refering to Criminal matters and not Provoncial Offences matters.

It will probably take an actual Appeal court to decision to make the final decision one way or the other, but until that decision is made, I would still be arguing for the 10 to 12 months and against the 18 months.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
410 posts
95 upvotes
Ontario, Canada
Repooc wrote:
Mar 14th, 2017 9:39 am
Would really appreciate your help....

I was given a ticket for a failing to come to a complete stop on a red light when making a right turn. I plan to fight this ticket because I observed the light as amber at the time I crossed the road marking and entered the intersection, and the light turned red while I was mid-way through my turn. Furthermore, I had entered the intersection on amber at the same time as a vehicle making a left hand turn onto the same street.

When submitting my ticked to the court office, I selected Option 2 "Early resolution option (meet with prosecutor)" with the understanding that if I'm not satisfied with the outcome of my meeting with the prosecutor, I can still request a trial at a later date (plead not guilty).

Thing is, when I submitted my ticket, I also requested disclosure to the person processing the submission, and she said "yes, I will indicate your request"...... Fast forward about 4 weeks, I just received a letter in the mail with the date to meet with the prosecutor ( 3 weeks from now) and no disclosure evidence/documentation to build my case has been provided.

I plan on using the template letter in the first post to request disclosure (again), but what happens if I don't receive it before my meeting date?
Can I ask for a stay with with prosecutor?
Will my meeting with the prosecutor get postponed?
Will my case go straight to trial?

What if I get my disclosure only a few days before my meeting date (what is considered insufficient time to receive disclosure before the meeting and/or trial date)?

Thanks so much for your insight!!!
There is no requirement to have disclosure for your early resolution meeting with prosecutor. The prosecutor may or may not have when you get there. You can only ask for a stay at trial if you don't have it by trial.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
× < >
Rotate image Save Cancel

Top