Automotive

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

Member
Nov 21, 2008
441 posts
106 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
441 posts
106 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.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 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.
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+++ This is not legal advice, just my opinion! +++
Jr. Member
Oct 16, 2014
194 posts
15 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
441 posts
106 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.
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+++ This is not legal advice, just my opinion! +++
Deal Addict
User avatar
Aug 27, 2014
4722 posts
1512 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
1964 posts
197 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?
Newbie
Dec 30, 2016
40 posts
PLEASE ADVISE!

here are the photos of the Tickets offence and
Enforcement Agency notices:

That is the only info was stated in my disclosure? + copies of my Traffic Tickets (I had them all the time) and Copy of the Manual of MPH BEE III Radar (March 2014) ...

Is it ok - enough??

ive been requested as standard:

"
o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.
... also .... any information, which is not being disclosed and an explanation for such non-disclosur

"

and here is what I got:

Image
Deal Addict
Sep 14, 2010
1068 posts
243 upvotes
Toronto
u need to request the typed notes again.
I dont see it..
Newbie
Dec 30, 2016
40 posts
Yes I already did so. Thanx to G0DKING and your recommendations.
I just hope any one can already try to get any info from that scans and make any suggestions.
Cause I have my court in a few days - and in any way I need something to build my defense here.
Specially I'm worried about -
1_ Supervention for G1 unaccompanied - need to avoid it
and
2_ Speeding 60 where 40... (some kind of radar MPH BEE III Radar (March 2014) - tips?)
Deal Addict
Apr 10, 2009
1567 posts
616 upvotes
Hamilton
DealCanuck wrote:
Mar 19th, 2017 10:29 pm
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.
Yes, I understand its the conviction itself not the points that affects insurance.
Unfortunately I don't have much of a defence so im not sure I want to take it to trial.
Deal Addict
User avatar
Aug 27, 2014
4722 posts
1512 upvotes
Canuckland
CaptainCrash wrote:
Mar 20th, 2017 2:48 pm
Yes, I understand its the conviction itself not the points that affects insurance.
Unfortunately I don't have much of a defence so im not sure I want to take it to trial.
You don't have to if you don't want to but you can talk with the prosecutor and ask them whether they are willing to lower your fine or not. Cops have no say in it.
If they don't, your chances of fighting and winning far outweighs no deal as you have to pay up regardless.
Newbie
Mar 19, 2017
46 posts
24 upvotes
I tried to post earlier but it didn't work :s

I was pulled over last week in an 80 zone and the cop told me he was giving me a ticket for 15 over and there would be no demerit points. When he gave me the ticket, it only showed a fine of 37.50 (52.50 total) which I was okay with. When I got home I looked at the ticket and realized the offence says "Speeding 95km/hr in a posted 60km/hr zone". It also describes the location "Royal Windsor Dr - West of Ford Dr.".

Clearly this was an error on his part because the fine is correct for speeding 15 over.The problem with the location description is that he caught me in an 80 zone, which shortly after changes to a 60, both of which are west of Ford Dr. What is the process for determining if a ticket has a fatal error? What should I do next?
Deal Addict
Apr 10, 2009
1567 posts
616 upvotes
Hamilton
raisfia wrote:
Mar 20th, 2017 4:03 pm
I tried to post earlier but it didn't work :s

I was pulled over last week in an 80 zone and the cop told me he was giving me a ticket for 15 over and there would be no demerit points. When he gave me the ticket, it only showed a fine of 37.50 (52.50 total) which I was okay with. When I got home I looked at the ticket and realized the offence says "Speeding 95km/hr in a posted 60km/hr zone". It also describes the location "Royal Windsor Dr - West of Ford Dr.".

Clearly this was an error on his part because the fine is correct for speeding 15 over.The problem with the location description is that he caught me in an 80 zone, which shortly after changes to a 60, both of which are west of Ford Dr. What is the process for determining if a ticket has a fatal error? What should I do next?
This happened to me once. The officer made a mistake like this. I completely ignored it and it was quashed by the system.
I called and they told me to ignore it if I was that confident it was wrong. And it was.
I don't recommend this unless you are 100% sure, is the "R" box for reduced checked off?
Newbie
Mar 19, 2017
46 posts
24 upvotes
CaptainCrash wrote:
Mar 20th, 2017 5:00 pm
This happened to me once. The officer made a mistake like this. I completely ignored it and it was quashed by the system.
I called and they told me to ignore it if I was that confident it was wrong. And it was.
I don't recommend this unless you are 100% sure, is the "R" box for reduced checked off?
I don't see an "R" box anywhere, but in the same row as my plate number there is a box that says "Code" and in it there is an R. Don't know what this means, does it make a difference?

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