Automotive

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

Sr. Member
Apr 10, 2009
917 posts
194 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
444 posts
73 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
418 posts
101 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
418 posts
101 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
418 posts
101 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! +++
Sr. Member
Apr 10, 2009
917 posts
194 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
29 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
57 posts
5 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
418 posts
101 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! +++
Member
Nov 21, 2008
418 posts
101 upvotes
Ontario, Canada
jellytot88 wrote:
Mar 18th, 2017 3:55 pm
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?
Personally I think the video is a waste of time.

As far as disclosure goes, at your trial you can ask for it and also ask for an adjournment (new trial date) so you can have time to review it and possibly seek legal advice.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
418 posts
101 upvotes
Ontario, Canada
firedragon14 wrote:
Mar 18th, 2017 5:04 pm
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.
Only way to beat it will be if officer does not show up. Even if you did slow down, you are still supposed to pull over and you didn't.

Best you can probably do is agree to plead guilty with an explanation (this includes how sorry you are and that you learned your lesson and will pull over next time) and ask for a reduced fine because of financial hardship. The prosecutor may or may not agree to a reduced fine, but that does not matter as you can also ask the Justice of the Peace for a reduced fine as well.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Jr. Member
Oct 16, 2014
182 posts
11 upvotes
North York, ON
Ticket says I have 15 days to respond. Is that 15 working days (3 regular weeks), or 15 days including weekends?
Member
Nov 21, 2008
418 posts
101 upvotes
Ontario, Canada
buliwyf wrote:
Mar 18th, 2017 11:35 pm
Ticket says I have 15 days to respond. Is that 15 working days (3 regular weeks), or 15 days including weekends?
15 days including weekends. If you go in person to provincial offences office you might have a few extra days if they have not gotten around to filing for the next step.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Deal Addict
User avatar
Aug 27, 2014
3483 posts
815 upvotes
Canuckland
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?
That's a gamble though, that depends whether insurance checks or not.

Regardless, if you get convicted you get nicked or you get lucky that insurance doesn't check.

I'm beating a dead horse, points don't affect insurance check the stickied thread in all caps that says so.
Deal Addict
Nov 9, 2008
1934 posts
190 upvotes
Thornhill
quick question folks; when you submit option a or b (trial or guilty but trial), how long does it take for them to book a date usually? and can you choose?

i'll be out of the country for a month of april so i'm wondering how i can navigate this situation... if they book me a date where i can't go, can i rebook?
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