Automotive

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

Deal Addict
User avatar
Mar 23, 2008
4053 posts
1817 upvotes
Edmonton
MoonL686 wrote:
May 18th, 2017 6:14 pm
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
You need to request disclosure and go from there. If there was a magic way to make tickets go away, the system wouldn't be working very well.

C
Newbie
Jan 31, 2008
95 posts
13 upvotes
Mississauga
Moon, if you are considering hiring a paralegal to represent you in court, that is a fine choice, but you need to ask yourself some questions:

-how comfortable are you in representing yourself in court?
-if you choose to represent yourself, do you have the time to research laws that relate to your charge?
-Is the fee of a paralegal worth paying for the possibility of reducing / withdrawing a charge?

We all have our own opinions on paralegal services but we often keep those opinions to ourselves. Best advice I can give you is to attend court just to observe then make an informed decision.

Lastly, C is right about requesting disclosure. If I were you, I would submit the request first, then decide on whether or not to hire a paralegal.
Patrick
Newbie
Jan 31, 2008
95 posts
13 upvotes
Mississauga
User154271 wrote:
May 18th, 2017 5:00 pm
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
I don't think you can separate the charges in early resolution. The prosecutor will most likely want one charge to stick, and withdraw the other as a packaged deal.
Keep in mind you will be foregoing the right to disclosure if you accept a plea bargain at early resolution.
Patrick
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
User154271 wrote:
May 18th, 2017 5:00 pm
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
In Ontario the prosecutor has no obligation to offer you any plea deals at all. However, a lot of times they MAY offer to drop the no insurance card if you plead guilty to the speeding ticket. You can certainly ask if they will drop the speeding ticket down to 15 over as well, and if they are in a good mood, then they might do that too. Again they do not have to offer you anything. If you decide to fight the speeding ticket at trial, then they definitely will not drop the no insurance card ticket.

Worst case is that prosecutor does not offer you any deal. Best case is they offer to drop no insurance card and reduce speeding. Second best is they offer drop no insurance card only and leave speeding where it is.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
MoonL686 wrote:
May 18th, 2017 6:14 pm
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
In Ontario, 30-49 over is 4 demerits, 16-29 over is 3 demerits and 1-15 over is 0 demerits. But remember that demerits have NOTHING to do with insurance. So a 0 demerit speeding ticket can still cause you insurance to go up.

If you show to court for your trial, you might be able to get the prosecutor to drop the speed down. They might go as low as 15 over and 0 demerits, but more likely they will offer you 20 to 25 over in that range (which is 3 demerits). They do not have to offer you any deal at all, but usually they will. You do not need to hire a paralegal to do this for you.

If you want to fight it, then you need to get disclosure (officers notes) to see what they say and see if there is any way to beat it or not. You do not need to hire a paralegal to get the disclosure, but once you get it you will then want to contact some to see what they think about going to trial and beating it.
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+++ This is not legal advice, just my opinion! +++
Newbie
Apr 14, 2017
4 posts
@djino great information and very helpful. Thank you very much!

To you or anyone who may know, I have a question:
I have received my Notice of Hearing Date (set for July 11, 2017) on Richmond, B.C. My original violation ticket had 3 charges/offences (Section 186, Section 25(15) and Section 30.13), however my Notice of Hearing Date only has two of these charges (Section 186 and Section 30.13).
Before requesting disclosure, I would like to know if this is a fatal flaw that I could use to stay/stop my trial? Obviously, I'd rather fight against two charges rather than three, but if this would be a bad enough flaw to request a STAY it would be great.

Please let me know. Your inputs are greatly appreciated.
Member
Oct 2, 2015
311 posts
95 upvotes
Etobicoke, ON
gtirsmiley wrote:
May 6th, 2017 11:01 pm
I was on the last lane turning right, there was a bunch of traffic so I brought out the phone for a second.

The cop was in an suv (marked) but 2 lanes across. The passenger got out and walked to my car, he asked me to turn right and pull over.

I did as he said. He came up to me and asked if I know why he's stopping me. I said yes. I then proceeded to give him my documents and mentioned it's a new vehicle and I don't have the pink insurance slip yet. Handed him the confirmation of insurance paper instead.

He took my driver's license only and walked away. Came back with the ticket in about 2 minutes, I showed him a phone mount which was boxed and I told him "I just got the car and I was going to install this" he said he's sorry and he can't let me off on a warning because they're cracking down, that's why he's in the suv, so they can look into people's cars.

So just to reconfirm, I said yes I know why I'm being stopped, but it was never said that it was because of the phone, although I'm afraid showing him the phone mount box may have been a bad idea,sort of like an admission.

To answer your question, the phone was never up to my face, it was probably right under the steering wheel and we were stopped at a red light with 2 lanes of cars between us.
Edit: it was in the peel region if it makes any difference
Just got my court date. August 23rd at 9am in mississauga.

When should I be requesting for the disclosure?
Newbie
Jan 31, 2008
95 posts
13 upvotes
Mississauga
Priority mail the first disclosure May 23, second disclosure June 23, and third disclosure July 24 if necessary.

If you mail in the OP's version of the disclosure request, they will likely accept it (based on my experience the past year). Call the prosecution office on the week of July 24 if you do not hear anything from them.

Good luck with the trial.
Patrick
Newbie
Jul 31, 2013
15 posts
Oshawa
Hi there,

On Saturday morning I got a ticket. The officer was travelling the other way, did a U turn then pulled me over. He said I was doing 84km/h in a 60 zone. He very friendly and reduces it to 70 in a 60. $40 fine, no points.

I've never had a ticket before but not sure if I should file with the prosecuter for a resolution hoping to have it dropped. I dont want any insurance implications if I just pay it.

Thanks
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
gtirsmiley wrote:
May 21st, 2017 11:18 am
Just got my court date. August 23rd at 9am in mississauga.

When should I be requesting for the disclosure?
Request disclosure right away. I use FAX as it is much cheaper than registered letter. You just need to print out a copy of the TRANSMISSION SENT OK report for proof you sent it.
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+++ This is not legal advice, just my opinion! +++
Member
Nov 21, 2008
441 posts
106 upvotes
Ontario, Canada
dickbann wrote:
May 22nd, 2017 8:30 am
Hi there,

On Saturday morning I got a ticket. The officer was travelling the other way, did a U turn then pulled me over. He said I was doing 84km/h in a 60 zone. He very friendly and reduces it to 70 in a 60. $40 fine, no points.

I've never had a ticket before but not sure if I should file with the prosecuter for a resolution hoping to have it dropped. I dont want any insurance implications if I just pay it.

Thanks
In Ontario, a 0 demerit speeding charge can still affect your insurance. Insurance companies do not care about demerits. Demerits have nothing to do with insurance.

That said, the prosecutor will not just drop a charge. And given that the officer already reduced it, there is no plea deals to anything else that prosecutor will drop it to.

You have the RIGHT to see disclosure (officers notes) so my suggestion is this...

Plead NOT GUILTY and request a trial with the officer present. Once you get your notice of trial, request disclosure (Officers notes, make/model/serial number of speed device used). Once you get the notes, post them here so we can review and let you know if there is an obvious error that would allow you to beat the ticket.

Now if there is no way to beat it, then you can just pay the fine before the trial date, or just not show up for the trial and you will be convicted.

If you decide to go to trial and LOSE, then they will raise the speed up to the original higher speed of 24 over. They can only do this IF you go to trial AND the trial starts AND the officer gets on the stand and testifies to the higher speed. So don't worry about this in the short term while you are getting disclosure.
---------------------------------------------------------------
+++ This is not legal advice, just my opinion! +++
Newbie
Apr 14, 2017
4 posts
Hi.. just reposting my question as I would appreciate any input. It would greatly help me and it is appreciated:

@djino great information and very helpful. Thank you very much!

To you or anyone who may know, I have a question:
I have received my Notice of Hearing Date (set for July 11, 2017) on Richmond, B.C. My original violation ticket had 3 charges/offences (Section 186, Section 25(15) and Section 30.13), however my Notice of Hearing Date only has two of these charges (Section 186 and Section 30.13).
Before requesting disclosure, I would like to know if this is a fatal flaw that I could use to stay/stop my trial? Obviously, I'd rather fight against two charges rather than three, but if this would be a bad enough flaw to request a STAY it would be great.

Please let me know. Your inputs are greatly appreciated.
Newbie
May 22, 2017
1 posts
Hi
Just got a speeding ticket, cop said I was going at 130 in 100 KPH zone, but reduced to 15 over with no demerit points. If anybody were in this situation before please give some insight to fight or not. This is my first ticket, every suggestion helps. Appreciate your help.
Sr. Member
Oct 13, 2014
944 posts
379 upvotes
Somewhere, ON
kevinb7 wrote:
May 23rd, 2017 11:28 am
Hi.. just reposting my question as I would appreciate any input. It would greatly help me and it is appreciated:

@djino great information and very helpful. Thank you very much!

To you or anyone who may know, I have a question:
I have received my Notice of Hearing Date (set for July 11, 2017) on Richmond, B.C. My original violation ticket had 3 charges/offences (Section 186, Section 25(15) and Section 30.13), however my Notice of Hearing Date only has two of these charges (Section 186 and Section 30.13).
Before requesting disclosure, I would like to know if this is a fatal flaw that I could use to stay/stop my trial? Obviously, I'd rather fight against two charges rather than three, but if this would be a bad enough flaw to request a STAY it would be great.

Please let me know. Your inputs are greatly appreciated.
No, it just means they are proceeding on two of the charges. Your best bet is to contact the court house and confirm.
“When you marry the right woman, you are ‘complete.’ If you marry the wrong woman, you are ‘finished.’ And, if the right one catches you with the wrong one, you are ‘completely finished.'"
Jr. Member
Jul 23, 2014
198 posts
169 upvotes
Outaouais
Hi there,

My wifey got not one but 2 tickets yesterday in Ottawa when she was pulled over for "Drive - hand held communication device" and "failure to provide insurance documentation" ... The first one had a fine of 490$ and the second one of 65$. So basically it's winning the jackpot but in reverse ...

So not sure of what my options are ... besides of paying it in full which i cannot afford right now ...

You guys have any suggestions or advice?

Thanks

SH

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