Automotive

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

Deal Addict
User avatar
Aug 21, 2009
4163 posts
196 upvotes
Markham
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
Newbie
Jan 30, 2017
8 posts
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.
Newbie
Jan 31, 2008
95 posts
13 upvotes
Mississauga
wasntme123 wrote:
May 17th, 2017 7:40 am
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.
Not necessarily. Diligent police officers take detailed notes of everything no matter how minor, and prosecution offices often contact them for notes right away when they receive disclosure requests. I see your point though; perhaps they are focusing their time on more severe cases.
Patrick
Deal Addict
Mar 12, 2010
1191 posts
44 upvotes
Aurora
Hi,

I have a court date coming up for a no seat belt ticket. I'm wondering if guilty, when does the offence go on your record? At the time of the offence or at the time when one pleads guilty? I'm wondering because I'd like to change my insurance companies before/if the offence goes on my record. Also any idea when insurance companies check driving record, is it only during policy changes? Such as getting a new car or adding your house to your insurance policy?

Cheers,
Newbie
Jan 30, 2017
8 posts
pmdenterprises wrote:
May 17th, 2017 9:34 am
Not necessarily. Diligent police officers take detailed notes of everything no matter how minor, and prosecution offices often contact them for notes right away when they receive disclosure requests. I see your point though; perhaps they are focusing their time on more severe cases.
I just called them and they said disclosure is ready, and it's only pick-up, they don't mail it out. Most people that work Mon-Fri jobs can't make their 8:30am-4:30pm hours to pick this up physically...I guess they're trying to get minimal amount of people to pick the disclosures up. I had stated in my request to mail it to my home address, and did not provide a phone number. I guess I have to go pick it up now?
Newbie
Jan 31, 2008
95 posts
13 upvotes
Mississauga
wasntme123 wrote:
May 17th, 2017 1:18 pm
I just called them and they said disclosure is ready, and it's only pick-up, they don't mail it out. Most people that work Mon-Fri jobs can't make their 8:30am-4:30pm hours to pick this up physically...I guess they're trying to get minimal amount of people to pick the disclosures up. I had stated in my request to mail it to my home address, and did not provide a phone number. I guess I have to go pick it up now?
Yep. Sucks that they wouldn't just mail it. Next steps will be to examine the disclosure. If anything is missing, you have time to make a request for those items.
Patrick
Newbie
Jan 30, 2017
8 posts
pmdenterprises wrote:
May 17th, 2017 1:44 pm
Yep. Sucks that they wouldn't just mail it. Next steps will be to examine the disclosure. If anything is missing, you have time to make a request for those items.
Definitely. Thanks a lot for the feedback and tips! I'll probably post something in a few weeks once I have the disclosure and I'm ready to prepare my defense.
Member
Nov 28, 2011
493 posts
182 upvotes
Toronto
Hey guys,

My brother got a ticket 1-3 months ago (don't recall when) for going 60km in a 40km zone.

Some facts:
- The road he was on had a posted speed limit of 50km several days before he got the ticket
- The posted speed limit was reduced to 40km at some point within that week (perhaps day)
- An officer had set up a radar speed trap around this reduced limit zone
- Brother was caught doing ~20km over and was charged with 3 demerit points + a ticket fine

Obviously, he cannot contest the posted speed limit -- even the recent change in limit because he was going over the old limit.

He'll be sending in a request for full disclosure over the coming days (his court date is set for September). Currently, he's hoping that there's a fatal error in the officer's notes.
Besides this, I'm assuming he has no other line of defense considering he was indeed speeding, correct?

Should he be unable to contest this on grounds of fatally inaccurate info in the disclosure document, or does not have his court date pushed back by >10 months, what's the best-case scenario for him to reduce financial damage? Would pleading guilty with a prosecutor do the trick to get rid of those 3 demerit points?
Deal Addict
User avatar
Mar 23, 2008
3556 posts
1453 upvotes
Edmonton
bluegang6 wrote:
May 18th, 2017 3:14 pm
Hey guys,

My brother got a ticket 1-3 months ago (don't recall when) for going 60km in a 40km zone.

Some facts:
- The road he was on had a posted speed limit of 50km several days before he got the ticket
- The posted speed limit was reduced to 40km at some point within that week (perhaps day)
- An officer had set up a radar speed trap around this reduced limit zone
- Brother was caught doing ~20km over and was charged with 3 demerit points + a ticket fine

Obviously, he cannot contest the posted speed limit -- even the recent change in limit because he was going over the old limit.

He'll be sending in a request for full disclosure over the coming days (his court date is set for September). Currently, he's hoping that there's a fatal error in the officer's notes.
Besides this, I'm assuming he has no other line of defense considering he was indeed speeding, correct?

Should he be unable to contest this on grounds of fatally inaccurate info in the disclosure document, or does not have his court date pushed back by >10 months, what's the best-case scenario for him to reduce financial damage? Would pleading guilty with a prosecutor do the trick to get rid of those 3 demerit points?
What does "best case" mean to you? Reducing demerits and points are fine, but they may not have any reducing effect on his insurance. Read up on the other sticky in this forum.

C
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
tek1989 wrote:
May 12th, 2017 10:25 am
To be clear, this means that both the other driver would be required to show up on my court date to give his statement and the officer would also have to show in order to confirm that we are the correct two people involved in the accident?
Yes. The officer must be there to give testimony about your identity and writing ticket. A witness that saw the event must also be there to give testimony about what they saw. If one is not there, then they can not proceed and must drop the charge.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
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.
If it was me, I would love to have disclosure like that. However, unless you are experienced in court you probably have a slim-to-none chance of beating it. You need to understand good cross-examination techniques to get anywhere with bad notes.

Anyways, check out thr R v Vancrey 2000 decision http://canlii.ca/t/2329z as it gives you more information that you would need to ask in cross-examination. If lidar unit only ever measures the distance of a non-moving object, how do we know it can accurately measure the speed of a moving one?
Last edited by jsherk on May 18th, 2017 4:25 pm, edited 1 time in total.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Member
Nov 28, 2011
493 posts
182 upvotes
Toronto
CNeufeld wrote:
May 18th, 2017 3:36 pm
What does "best case" mean to you? Reducing demerits and points are fine, but they may not have any reducing effect on his insurance. Read up on the other sticky in this forum.

C
I see, thank you for the heads-up. I had been misinformed that demerit points are important when it comes to insurance premiums.

Looks like he'd have to bank on:
1) Fatal errors in the disclosure
2) Trial dismissed due to >10 months date
3) Officer does not show up in court

I guess this leads me to the next question:
- How would you determine whether your officer has shown up to court on your court date? Would they sign in or something? Or would you have to just look around and see if you spot him/her physically there?

Thanks for helping me out btw. Appreciate the support!
Newbie
May 17, 2017
1 posts
I got a speeding ticket for going 85 on a 60 zone ($95 with 3 demirits i believe) and also another ticket for not having the current insurance card ($65).
The cop encouraged me to go through early resoultion with a prosecutor as he/she will likely to drop my insurance card conviction and lower the fine for the speed ticket.
I would like to proceed as a trial but i fear that the ticket for failure to have insurance card will not go away at the trial.
Is it possible to have a meeting with the prosecutor for my insurance conviction and a trial for the speeding or should i just take both of the tickets to the court?
My main goal is to avoid any increase to the insurance premium and i have no previous record of any convictions.
Any help is appreciated.

Thank you
Newbie
May 17, 2017
1 posts
Hello I got a my first speeding ticket which 30km over with 4points. I already apply for trial. I just want to what is different hire ticket fighter or not.
Give some I idea how I can got a 0 point at trial.
Thanks

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