Automotive

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

Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
RoyDavisG wrote:
Mar 17th, 2017 1:17 pm
I recently got a parking ticket for parking at a city rec center and walking over to my school. I park her everyday and have never gotten a ticket. About 60 students park here daily but I've never seen a ticket given either. I thought that it was just accepted by them so I just kept parking.. Majority of the lot is empty anyways.

But today I randomly got a ticket, out of everybody. What? I understand that I'm technically wrong, but damn.. Is there any need to ticket somebody going to school when 80 percent of a 2000 car parking lot is empty?

Its 35 dollars. Can I fight this or get it thrown out? Any tips?
Who wrote the ticket? Is it from the police or from bylaw enforcement or from the "school" or from some parking corporation?

What province?
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+++ This is not legal advice, just my opinion! +++
Member
Mar 13, 2017
231 posts
119 upvotes
jsherk wrote:
Mar 17th, 2017 7:31 pm
Who wrote the ticket? Is it from the police or from bylaw enforcement or from the "school" or from some parking corporation?

What province?
It is a legitimate ticket from the City of Brampton
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
radioslavedave wrote:
Mar 17th, 2017 10:54 am
I got busted for running a red light, however it doesnt seem correct to me. I come to an intersection. The light is red. I come to a complete stop. I turn right (while the light is still red) and proceed. I get pulled over. The officer tells me there is a sign there that prohibits a right turn on a red (he was correct). But he writes me a fail to stop at a red light ticket. Shouldnt it be a disobey sign or unsafe turn violation? Can a charge be simply changed in court to a different charge to suit the situation? Or can be ticket be thrown out completely with no new charge refiled?
I would plead not guilty and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes). If officers note says nothing about running red light then it is the wrong charge and you should be able to beat it at trial.

In Ontario, there is a recent case law that says the officer can change their ticket before they file it with the court. You can ask to see the original Certificate of Offence from the clerk/recorder before the trial starts. If the ticket was not changed, then I would proceed to trial and cross-examine officer on the issues related to fail to stop at red light which he will have nothing in notes about and therefore the charge will need to be dropped. If the ticket WAS changed by the officer, then I would hand the ticket back and without saying anything to anybody, I would just leave and walk out of the court. In this case you will be found guilty, but then I would appeal it and take original ticket to appeal Judge and say they charged me with ABC charge, but my ticket says XYZ so I don't know anything about ABC charge and should not have been conviced of it.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
jellytot88 wrote:
Mar 17th, 2017 2:55 pm
Hello all,

My trial is in a few days. The officer gave me a ticket because he said he almost hit me because I made an improper left turn. He was coming from the opposite direction going straight in the lane to his right, but there was traffic blocking my view of him in the lane to his left (they were trying to make a left turn too). I have a few questions.

1)Can I get let off for being charged the wrong offense, and if yes, how do I argue it? This is what I mean: The officer was clear that the issue was that I had made an unsafe left turn. However, I just looked up the charge and he charged me with Highway Traffic Act 142(1), which does mention the need to make a safe left turn, but the main point of the charge is "failing to signal". The proper charge for an unsafe left turn is another number. I'm sure I used my left turn signal (and the officer never even mentioned signals). The officer made a point that the encounter was recorded, but I doubt we would be able to see my car signals, since the recording would likely see the right hand side of my car while I was making the turn (and my car was hidden from view before that). It would be his word against mine whether I signaled or not, but that was never the issue. Anyway, can this be used to my advantage, and how?

2) My wife was in the car with me. She can't attend the trial (as a witness). Would it make a difference if she gave me a written statement to bring in with me? What should she include in that statement?

3) I also couldn't find my insurance card at the time, so I got a ticket for that too. Is it possible to lose points for that?


I'm fighting the charges because I don't want my insurance rates to go up. Any advice is appreciated.
You need to plead not guilty and request disclosure (officers notes). If the officers notes say you did not signal, then it is your word against the officers... who do you think they will beleive. If the officers notes do NOT say anything about your signal, then you can beat this with proper cross-examination of the officer "Officer, I notice that in your testimony and in your notes you did not mention anything about whether I used my signal or not, is that correct? (Officer should say yes). I would like to make a Motion of Non-Suit as the prosecution has not proven one of the essential elements of the charge."

You can not bring a letter from your wife. She would need to appear in person.

Failing to show your insurance card could cause your insurance to go up. If you bring proof of insurance with you, the prosecutor MIGHT offer you a plea deal and drop this charge if you plead guilty to the other one. They are not obligated to offer you a deal, but they might.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
RoyDavisG wrote:
Mar 17th, 2017 7:38 pm
It is a legitimate ticket from the City of Brampton
If it is worth your time and effort to fight it, then plead not guilty and request a trial with the officer present. Once you get your notice of trial, request disclosure (officers notes).

Are there actually no parking signs where you parked, or permit parking only signs? Check for the city bylaws on parking at that location. If there is no bylaw, then you need to bring that up during trial.
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+++ This is not legal advice, just my opinion! +++
Newbie
Oct 16, 2009
45 posts
1 upvote
jsherk wrote:
Mar 17th, 2017 7:48 pm
You need to plead not guilty and request disclosure (officers notes). If the officers notes say you did not signal, then it is your word against the officers... who do you think they will beleive. If the officers notes do NOT say anything about your signal, then you can beat this with proper cross-examination of the officer "Officer, I notice that in your testimony and in your notes you did not mention anything about whether I used my signal or not, is that correct? (Officer should say yes). I would like to make a Motion of Non-Suit as the prosecution has not proven one of the essential elements of the charge."

You can not bring a letter from your wife. She would need to appear in person.

Failing to show your insurance card could cause your insurance to go up. If you bring proof of insurance with you, the prosecutor MIGHT offer you a plea deal and drop this charge if you plead guilty to the other one. They are not obligated to offer you a deal, but they might.
Thank you for the advice! Regarding "request disclosure (officers notes)", at what point that day do I request these notes? And regarding the insurance card, any advice on a possible defense strategy for that to get that tossed out?
Deal Addict
Apr 10, 2009
1617 posts
694 upvotes
Hamilton
Received a failure to stop at a stop sign. I'm not gonna give some sob story. I did it. Rolled through and really never did stop. (He said he's recommending it in his notes...For what that's worth)
Officer told me I had a perfect record for a long time and if I select option 2 they will offer me no points and my insurance company won't care.
Called a ticket place and they advised they can look for errors but they really have no defense.
Is there anything I'm missing or should I just suck it up and take the deal I'm offered in option 2.
If I choose to take it to a trial any advise on how to look good in front of the judge? Does it even matter?
Member
User avatar
Jun 18, 2010
481 posts
80 upvotes
GTA
I recently submitted (faxed and mailed) a request for disclosure relating to my ticket using the disclosure request form found on the City of Toronto court office website. How do I ensure that the disclosure documents get mailed to me instead of having me to pick it up from their office? I don't live or work near the court office and I don't want to have to take time off work just to go pick up the documents.

Thanks in advance!
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
jellytot88 wrote:
Mar 17th, 2017 11:50 pm
Thank you for the advice! Regarding "request disclosure (officers notes)", at what point that day do I request these notes? And regarding the insurance card, any advice on a possible defense strategy for that to get that tossed out?
You will plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial with the trial date, you then send letter to prosecutor requesting disclosure.

As for Fail To Provide Insurance Card, if the officer says you did not give it to them, how are you going to beat it? Only way to beat it is if the officer does not show up to testify at the trial. But again sometimes (not always) the prosecutor may offer to drop this one if you plead guilty to the other one. If you want to take the other one to trial then prosecutor will not drop this one and you will have to fight it as well.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
CaptainCrash wrote:
Mar 18th, 2017 10:34 am
Received a failure to stop at a stop sign. I'm not gonna give some sob story. I did it. Rolled through and really never did stop. (He said he's recommending it in his notes...For what that's worth)
Officer told me I had a perfect record for a long time and if I select option 2 they will offer me no points and my insurance company won't care.
Called a ticket place and they advised they can look for errors but they really have no defense.
Is there anything I'm missing or should I just suck it up and take the deal I'm offered in option 2.
If I choose to take it to a trial any advise on how to look good in front of the judge? Does it even matter?
Officers have NO say in what the prosecutor can/should do. Once the officer writes the ticket, their only job is to show up and testify at court if you contest it.

This ticket is impossible to beat unless (1) you have another witness besides yourself that can testify that you actually did stop completely, or (2) the officer does not show up to court for the trial.

Otherwise if you are offered a better deal by prosecutor probably should take it.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
townfries wrote:
Mar 18th, 2017 12:31 pm
I recently submitted (faxed and mailed) a request for disclosure relating to my ticket using the disclosure request form found on the City of Toronto court office website. How do I ensure that the disclosure documents get mailed to me instead of having me to pick it up from their office? I don't live or work near the court office and I don't want to have to take time off work just to go pick up the documents.

Thanks in advance!
They have no obligation to send you the disclosure at all, although some places MAY mail it to you or MAY email it to you. You should call and ask if they can mail or email, but if they say no then you have to pick it up.
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+++ This is not legal advice, just my opinion! +++
Deal Addict
Apr 10, 2009
1617 posts
694 upvotes
Hamilton
jsherk wrote:
Mar 18th, 2017 3:32 pm
Officers have NO say in what the prosecutor can/should do. Once the officer writes the ticket, their only job is to show up and testify at court if you contest it.

This ticket is impossible to beat unless (1) you have another witness besides yourself that can testify that you actually did stop completely, or (2) the officer does not show up to court for the trial.

Otherwise if you are offered a better deal by prosecutor probably should take it.
Does the prosecutor have the ability to remove points if they choose to?
Newbie
Oct 16, 2009
45 posts
1 upvote
jsherk wrote:
Mar 18th, 2017 3:15 pm
You will plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial with the trial date, you then send letter to prosecutor requesting disclosure.

As for Fail To Provide Insurance Card, if the officer says you did not give it to them, how are you going to beat it? Only way to beat it is if the officer does not show up to testify at the trial. But again sometimes (not always) the prosecutor may offer to drop this one if you plead guilty to the other one. If you want to take the other one to trial then prosecutor will not drop this one and you will have to fight it as well.
Thanks, but I looked into all of this way too late. My trial is on Monday (for both offences). Is it possible to ask to examine the officer notes before or during the trial? Also, yesterday I asked my wife to take a video of the intersection as I drove through it, so the judge can see what it's like to make a left turn at that intersection. Should I bother with presenting it during the trial?
Newbie
May 1, 2012
87 posts
12 upvotes
MARKHAM
Ticket: fail to stop on right for emergency vehicle. ($490 fine, no points)

Background:
- Traveling EB (left lane) on Major Mackenzie
- Ambulance with lights on heading WB on the far right lane. No cars on the road heading WB or EB (except me)
- No where to turn on my direction for the Ambulance (empty land on that stretch of the road)
- Cop was right behind me the entire time.
- When the ambulance was approaching I did not pull over to the right and stop, I simply let go of the gas (no breaks). Disclosure says "Made no attempt to slow or move to the right curb"
- Conditions: Light snow, dark, wet asphault

Picked up my disclosure request and detailed notes seem accurate. There was also a DVD provided of the dash cam from the cop's car.

What are my options / next steps?

TIA.
Member
Nov 21, 2008
441 posts
107 upvotes
Ontario, Canada
CaptainCrash wrote:
Mar 18th, 2017 3:50 pm
Does the prosecutor have the ability to remove points if they choose to?
Prosecutor and Justice of the Peace have no say whatsover with regards to demerit points. Whatever demerit points are assigned to the charge you are convicted of, are the points that you will get.

Prosecutor can offer a plea deal to a different charge though that may have less or no demerits. Remember though that demerits have nothing to do with insurance at all... a 0 demerit charge can still cause your insurance to go up.
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+++ This is not legal advice, just my opinion! +++

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