Automotive

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

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May 15th, 2017 9:13 am
pmdenterprises
Newbie
Jan 31, 2008
98 posts
13 upvotes
Mississauga

May 15th, 2017 9:13 am

Mduels wrote: ↑
May 14th, 2017 1:54 pm
 I was excessively speeding down a road when I passed a cop who was coming up the hill from the opposite direction. I looked my rear view after I passed him and he was beginning to slow down and pull a u-turn (no sirens/lights on yet). I wasn't thinking straight and kept driving. So long story short, I technically evaded the police. I'm afraid the cop caught me speeding on a dashcam or somehow got my plate number. So my question is: Can the officer issue me a ticket through the mail even through I didn't get pulled over by him? Will I have any chance fighting this ticket?
He didn't stop you to hand you a ticket, so you're good.
Patrick
May 15th, 2017 9:20 am
pmdenterprises
Newbie
Jan 31, 2008
98 posts
13 upvotes
Mississauga

May 15th, 2017 9:20 am

RoyDavisG wrote: ↑
May 14th, 2017 3:49 pm
 I recently got a notice/parking ticket from Impark for 75 dollars. I left a couple of hours after my registered time. Do I have to pay this? 75 dollars seems excessive for a parking ticket. Is it an official ticket?
Some private parking companies like impark have deals with municipalities to issue provincial parking tickets, like in Toronto. It would benefit you to see if a trial option is available. If a trial option is available, at least you can buy yourself some time to figure out how far impark's jurisdiction reaches in your municipality. Then you can decide what to do.
Patrick
May 15th, 2017 9:34 am
pmdenterprises
Newbie
Jan 31, 2008
98 posts
13 upvotes
Mississauga

May 15th, 2017 9:34 am

ap2wang wrote: ↑
May 14th, 2017 11:04 pm
 I got a ticket for going 72 in a 50 zone. $108 ticket and 3 points, first offense. the officer told me to plead not guilt and appear in court and they will "help me out". anyone had officer tell them this? Is it possible to make a deal with the prosecutor to change to a non-moving violation and just pay the fine? really don't want this on my insurance...
Most prosecutors will be willing to offer a reduced fine, such as 15 km/h over and zero points (Ontario). Courts are happy to oblige, as they are often overburdened with cases. Some cops do mention this as well.

You could try to have the charge substituted to a non-moving violation, which would be a great move, but I haven't heard of a substituted charge when there is the option of a "lesser" charge of the same type (speeding).

It would be a good idea to request a trial, ask for disclosure, and scour through the officer's notes. If you do end up going to court and ask for a substituted charge, I'll be interested to hear how it goes.
Patrick
May 15th, 2017 11:13 am
jsherk
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada

May 15th, 2017 11:13 am

Mduels wrote: ↑
May 14th, 2017 1:54 pm
 I was excessively speeding down a road when I passed a cop who was coming up the hill from the opposite direction. I looked my rear view after I passed him and he was beginning to slow down and pull a u-turn (no sirens/lights on yet). I wasn't thinking straight and kept driving. So long story short, I technically evaded the police. I'm afraid the cop caught me speeding on a dashcam or somehow got my plate number. So my question is: Can the officer issue me a ticket through the mail even through I didn't get pulled over by him? Will I have any chance fighting this ticket?
If the officer did not have lights and sirens on and did not turn around to chase you, then you did not evade them.

If they got a plate number, they could issue a ticket to the OWNER of the vehicle as they have no way of idetifying the driver. A ticket to the owner does not affect anybodys driving record and does not affect insurance.

Remember that if police show up at your house (or wherever) and start asking questions you have the right to NOT say anything. Do not answer their questions because they are looking for you to admit that you were driving and then they will give YOU the ticket. When police ask you a question you can very nicely say "Sorry, I don't have to answer that." The only reason police ask questions is because they do not have what they need yet to charge you yet and are looking for you to incriminate yourself.

KNOW YOUR RIGHTS
https://www.criminaltriallawyers.ca/?q=know-your-rights
https://robichaudlaw.ca/right-to-silenc ... -sinclair/
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
May 15th, 2017 11:20 am
jsherk
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada

May 15th, 2017 11:20 am

ap2wang wrote: ↑
May 14th, 2017 11:04 pm
 I got a ticket for going 72 in a 50 zone. $108 ticket and 3 points, first offense. the officer told me to plead not guilt and appear in court and they will "help me out". anyone had officer tell them this? Is it possible to make a deal with the prosecutor to change to a non-moving violation and just pay the fine? really don't want this on my insurance...
The prosecutor has no obligation to offer you any kind of plea deal at all. However, a lot of times they will offer you some kind of deal if the officer did not already reduce it at the roadside. Most likely they would offer you 15 over with 0 demerits (if they offer you something). In Ontario remember that a 0 demerit ticket can still affect your insurance though. Also in Ontario they will NOT offer you a non-moving violation.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
May 15th, 2017 7:40 pm
SenLuoo
Newbie
May 14, 2017
7 posts
1 upvote

May 15th, 2017 7:40 pm

I just got my first speeding ticket of all this morning.
The situation is follow,
The ticket indicates I was going 100km/h on a 70km/h, just before going up the highway.
I was following the flow of traffic as the police office only pulled me over not the other drivers in front of me.
I understand that I was speeding and I should be responsible, but not pulling over other cars that were faster than me and in front of me made me feel a bit unfair that is why I want to dispute this ticket, the fine is nothing to me.
The police officer even told me it is up to him who to pull over even if there are 10 people speeding.
The weather was very bad and raining heavily, that is why I was focused on the road instead of the speed odometer.
Also I am located in Vancouver BC.
Just want to know if the steps are still as before, dispute-file disclosure.
Any idea is helpful!

Thanks
Sen
May 16th, 2017 11:11 am
rcmpvet
Deal Addict
Oct 13, 2014
1229 posts
601 upvotes
Somewhere, ON

May 16th, 2017 11:11 am

jsherk wrote: ↑
May 15th, 2017 11:13 am
 If the officer did not have lights and sirens on and did not turn around to chase you, then you did not evade them.

If they got a plate number, they could issue a ticket to the OWNER of the vehicle as they have no way of idetifying the driver. A ticket to the owner does not affect anybodys driving record and does not affect insurance.

Remember that if police show up at your house (or wherever) and start asking questions you have the right to NOT say anything. Do not answer their questions because they are looking for you to admit that you were driving and then they will give YOU the ticket. When police ask you a question you can very nicely say "Sorry, I don't have to answer that." The only reason police ask questions is because they do not have what they need yet to charge you yet and are looking for you to incriminate yourself.

KNOW YOUR RIGHTS
https://www.criminaltriallawyers.ca/?q=know-your-rights
https://robichaudlaw.ca/right-to-silenc ... -sinclair/
What Provincial Legislation are you referring to, as every province has their own traffic legislation and they are not all the same?
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
May 16th, 2017 11:12 am
rcmpvet
Deal Addict
Oct 13, 2014
1229 posts
601 upvotes
Somewhere, ON

May 16th, 2017 11:12 am

Mduels wrote: ↑
May 14th, 2017 1:54 pm
 I was excessively speeding down a road when I passed a cop who was coming up the hill from the opposite direction. I looked my rear view after I passed him and he was beginning to slow down and pull a u-turn (no sirens/lights on yet). I wasn't thinking straight and kept driving. So long story short, I technically evaded the police. I'm afraid the cop caught me speeding on a dashcam or somehow got my plate number. So my question is: Can the officer issue me a ticket through the mail even through I didn't get pulled over by him? Will I have any chance fighting this ticket?
As others have said before, location, location, location. No one can help you without knowing the province.
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
May 16th, 2017 1:22 pm
pfcta9327
Newbie
Dec 2, 2016
35 posts
2 upvotes

May 16th, 2017 1:22 pm

What is the most effective way/excuse to delay a court date for a speeding violation?

Vancouver B.C.
Last edited by pfcta9327 on May 16th, 2017 1:22 pm, edited 1 time in total.
May 16th, 2017 2:37 pm
dorakk
Jr. Member
Oct 19, 2004
172 posts
19 upvotes

May 16th, 2017 2:37 pm

Charged with speeding 81 in a 60 zone back in Sept 2016; 3 demerit pts.

Requested twice for disclosure but never received them.

So I was in court today, told the prosecutor that I still yet to receive the disclosure. Prosecutor gave me two options:
- plead to a less serious charge with no demerit pts
- go upstairs to the prosecutor office to get disclosure
Prosecutor not willing to withdraw the charge for missing disclosure (as expected)

I got the disclosure, went back to the court to ask for adjournment because I need time to review the disclosure.

The cop was there. The prosecutor asked the cop what other days he is available, we set a date two weeks away.

Very likely the cop will show up on the next court date. So should I plead guilty to a lesser charge?
Or should I try to argue against the disclosure? Not much on the disclosure, except that the officer indicated the laser was tested; but DID NOT make note on which date and what time it was tested.

Please advice on which options is the best for me. How likely I can use the missing test date & time for the laser gun to ask for the charge to be dismissed?

Or it's safer just to plead guilty to a lesser charge?

Thanks in advance!

Ticket was in Toronto. Court is the Scarborough court on Markham road.
May 16th, 2017 3:25 pm
wasntme123
Newbie
Jan 30, 2017
9 posts

May 16th, 2017 3:25 pm

I requested disclosure back in March and have not received anything yet (it is mid May already). Trial is set for end of August. Should I request disclosure one more time? If so, is it a good idea to state on your request that you have previously requested it and include when I expect to receive a response back?
May 16th, 2017 7:59 pm
pmdenterprises
Newbie
Jan 31, 2008
98 posts
13 upvotes
Mississauga

May 16th, 2017 7:59 pm

dorakk wrote: ↑
May 16th, 2017 2:37 pm
 Charged with speeding 81 in a 60 zone back in Sept 2016; 3 demerit pts.

Requested twice for disclosure but never received them.

So I was in court today, told the prosecutor that I still yet to receive the disclosure. Prosecutor gave me two options:
- plead to a less serious charge with no demerit pts
- go upstairs to the prosecutor office to get disclosure
Prosecutor not willing to withdraw the charge for missing disclosure (as expected)

I got the disclosure, went back to the court to ask for adjournment because I need time to review the disclosure.

The cop was there. The prosecutor asked the cop what other days he is available, we set a date two weeks away.

Very likely the cop will show up on the next court date. So should I plead guilty to a lesser charge?
Or should I try to argue against the disclosure? Not much on the disclosure, except that the officer indicated the laser was tested; but DID NOT make note on which date and what time it was tested.

Please advice on which options is the best for me. How likely I can use the missing test date & time for the laser gun to ask for the charge to be dismissed?

Or it's safer just to plead guilty to a lesser charge?

Thanks in advance!

Ticket was in Toronto. Court is the Scarborough court on Markham road.
Others may disagree with me, and I definitely invite healthy discussion over the following thoughts.

Despite apparent advances in lidar technology, testing is still required before and after a charge is laid. Whether the "before" and "after" means within minutes, or in the same 12-hour long shift is up to the Justice of the peace. The fact that a time and date were not provided is worth mentioning, but some justices may dismiss that argument as a minor oversight.

Next, it may be worth reading into calibration of lidar. It is my understanding that radar does not need to be calibrated by a service technician, as Ontario requirements differ from many other parts of the world, but I believe there may be something there in the case of lidar. It will be worth your time to seek out Ontario regulation with respect to bi-annual lidar calibration.
Patrick
May 16th, 2017 8:14 pm
pmdenterprises
Newbie
Jan 31, 2008
98 posts
13 upvotes
Mississauga

May 16th, 2017 8:14 pm

wasntme123 wrote: ↑
May 16th, 2017 3:25 pm
 I requested disclosure back in March and have not received anything yet (it is mid May already). Trial is set for end of August. Should I request disclosure one more time? If so, is it a good idea to state on your request that you have previously requested it and include when I expect to receive a response back?
Are you in Ontario?

Repeated requests for disclosure is worthwhile, as it builds up your case of due diligence. Find some time to call the prosecution office as well, and write down the name of the clerk and whether or not they received your first request. You want to be able to tell the Justice that you submitted multiple requests and you followed up with calls to the prosecution office. Be sure to send a final (third) request at the end of July, and make a call shortly after that.

As for stating that you already sent a request, I would add that line in but I wouldn't bother asking when to expect a response.
Patrick
May 16th, 2017 11:39 pm
Lovable
Deal Addict
User avatar
Aug 21, 2009
4285 posts
231 upvotes
Markham

May 16th, 2017 11:39 pm

Hi all, as I missed my original trial date as I never received the notice of trial nor notice of conviction - I applied to reopen my case. I see the following on Toronto's court case lookup, can I assume this means that it is in fact reopened? I mean the wording is quite clear but there was no date to prefix this (when it occured) nor does it state when the next trial will be...

Should I also file a request for disclosure now or when the trial date has been scheduled?

REA Application for Reopening Granted
May 17th, 2017 7:40 am
wasntme123
Newbie
Jan 30, 2017
9 posts

May 17th, 2017 7:40 am

pmdenterprises wrote: ↑
May 16th, 2017 8:14 pm
 Are you in Ontario?

Repeated requests for disclosure is worthwhile, as it builds up your case of due diligence. Find some time to call the prosecution office as well, and write down the name of the clerk and whether or not they received your first request. You want to be able to tell the Justice that you submitted multiple requests and you followed up with calls to the prosecution office. Be sure to send a final (third) request at the end of July, and make a call shortly after that.

As for stating that you already sent a request, I would add that line in but I wouldn't bother asking when to expect a response.
Thanks for the reply. Yes I'm in Ontario. Also, my incident is that I got a ticket (disobey sign) for making a u-turn. Could it be that they don't send disclosures for such minor offences (although still has demerit points)?
I'll send the second request this week and give them a call too.

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