Automotive

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

Jr. Member
Jan 31, 2008
108 posts
64 upvotes
Mississauga
Harperman wrote:
Jun 15th, 2017 12:55 pm
After the early resolution meeting am I able to still set up a trial date but at a much later date?
Yes. Some prosecutors will be able to set up a date on the spot so bring your calendar just in case.
Also can I ask the prosecutor for disclosure material during early resolution meeting?
Yes. Sometimes you will receive it, sometimes you will have to wait a few more weeks.
Also do I have to hire a lawyer to represent me during the trial?
No. Most lawyers do not consider it worth their time to attend to provincial traffic matters. Some people hire paralegals as representation, but most people represent themselves in court.
Patrick
Newbie
Aug 7, 2016
9 posts
1 upvote
pmdenterprises wrote:
Jun 15th, 2017 1:00 pm
Yes. Some prosecutors will be able to set up a date on the spot so bring your calendar just in case.

Yes. Sometimes you will receive it, sometimes you will have to wait a few more weeks.

No. Most lawyers do not consider it worth their time to attend to provincial traffic matters. Some people hire paralegals as representation, but most people represent themselves in court.
If the cop shows up at the trial will the prosecutor offer a plea deal with a lesser charge?
Newbie
Apr 14, 2017
4 posts
jsherk wrote:
Mar 16th, 2017 8:14 am
For Ontario, I recommend you plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial you can then request disclosure. In your disclosure I would ask for the following:
- Make, Model, Serial Number and Date of Manufacutre of the device used to take the photo and the device used to measure the speed.
- Notes of all officers/personnel involved in the installation, setup, calibration of the unit(s) involved.
Hi jsherk, I'm in a similar situation with an upcoming trial for a red-light camera ticket but I'm in B.C.. I called the court to get the prosecutor's address or fax to request disclosure but they told me they don't have it and I need to contact ICBC. Anyways, my question is: when I request disclosure and ask for these two items you mentioned, if they don't provide them to me what are the chances that they will throw out my ticket? Won't the Judge argue that the photos they sent me are disclosure and evidence enough to convict me of running through a red light? Would they just believe the officer is correct in saying that the camera was working fine?
Newbie
Dec 31, 2016
44 posts
6 upvotes
When you arrive in court, what are the usual procedures?
Prosecutor asks if you plead guilty or not guilty? Do they tell you if the cop is here? And lastly, if you don't know if the cop is there, should you say you plead not guilty? And then change your mind when you take the stand?

Thanks!!!
Deal Fanatic
User avatar
Jan 28, 2005
5948 posts
204 upvotes
Scarborough
I faxed for disclosure on April 10th and still haven't received anything yet. (left phone number off and used stock disclosure statement attached from 1st post). What should I do now? Send it again? It was for speeding in toronto

Court date is early October
Newbie
Mar 23, 2015
22 posts
3 upvotes
Thornhill, ON
I think i might be getting scammed by my paralegal.. G.I.R Legal Services

I had a disobey stop sign ticket that they reduced to "Use turn signals improperly" even though i asked them to fight it and not take a reduced charge.
They are telling me that it wont appear on my drivers record.

However, based on what i've read Use turn signals improperly is a moving violation.

They sent me a copy of my drivers abstract dated a day after my trial showing that its not on there but i think its because the ticket is not input by the city worker yet as i tried to pay the fine but system wouldn't let me.

I called the city services and they told me it typically takes up to 5 business days for the ticket to enter the system.

Does anyone know if there's any chance a charge reduction to "Use turn signals improperly" is not seen as a moving violation and wont appear on my drivers record / abstract?
Deal Addict
User avatar
May 8, 2002
4072 posts
439 upvotes
Masher wrote:
Jun 16th, 2017 4:50 pm
I think i might be getting scammed by my paralegal.. G.I.R Legal Services

I had a disobey stop sign ticket that they reduced to "Use turn signals improperly" even though i asked them to fight it and not take a reduced charge.
They are telling me that it wont appear on my drivers record.

However, based on what i've read Use turn signals improperly is a moving violation.

They sent me a copy of my drivers abstract dated a day after my trial showing that its not on there but i think its because the ticket is not input by the city worker yet as i tried to pay the fine but system wouldn't let me.

I called the city services and they told me it typically takes up to 5 business days for the ticket to enter the system.

Does anyone know if there's any chance a charge reduction to "Use turn signals improperly" is not seen as a moving violation and wont appear on my drivers record / abstract?
You got lied to. Still a conviction and will still show up on your record.

That's why I never recommend paralegals, any "reduction" is a win for them, and 99% of the time they won't go to trial, just will take the first offer thrown at them.

You can always get the same offer if you attended yourself. Paralegals deal in volume and want to get in and out as soon as possible...
Member
Oct 2, 2015
398 posts
115 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 disclosure today. I used the request form on the first page. Please see the notes and advise on what I can use as my defense. Right away I can see that they didn't provide me a typed version of the notes and it's extremely hard to read, atleast to me.

Also, I noticed he mentioned I showed him the cell phone mount towards the end of his notes. This will probably hurt my case if he shows up to trial in August. Right?
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Deal Addict
Oct 13, 2014
1555 posts
858 upvotes
Just Moved To Somewh…
^^^^^ Masher

142(1), (2) & (8) (Fail to Signal) Ontario HTA - 2 Demerit Points.
“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'"
Newbie
Aug 7, 2016
9 posts
1 upvote
pmdenterprises wrote:
Jun 15th, 2017 12:45 pm
Brainstorming factors for why an officer may not show up:
-trial date conflicts with religious holiday -possible adjournment if officer calls the court
-officer has vacation days and intends to use them -possible adjournment again
-officer had messy (or no) notes for disclosure and does not want to be embarrassed in court
-officer is an OPP stationed far away
-officer is caught up at a scene and has to be there until it resolves

Reasons why officers would show up:
-officer is paid to do so and it's an expectation on their job description
-officer has multiple cases scheduled at the court at that time
-if trial is scheduled outside of shift hours, officer may be granted overtime pay
-the severity of a charge may motivate the officer to make the effort to ensure no scheduling conflicts

Anyone, feel free to add to or discredit any of the above items.
Can I request disclosure by using the request disclosure form, completing the form and then submitting the form in person to the courthouse or do I have to send a fax to the courthouse?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Denisp1988 wrote:
Jun 14th, 2017 2:35 pm
So if request disclosure after I get my trial date and decide to plead guilty I can do it in writing or have to appear?

And if I do end up going to court and officer is there then what? And if he isnt?


Sorry I tried reading as much as I could... But this thread has become rather long

Just to clear thinks up as well, the cruiser was sitting facing oncoming traffic on my side of highway shoulder.... Not on oppsite side. Seemed kind of? Illegal itself
Was this in Ontario?

You can plead guilty to the charge anytime up to the court date and even at your court date. The only way they can raise it back up to the higher speed is if you plead not guilty AND the trial starts AND they informed you they will amend it up before trial starts AND the officer gets on the witness stand and testifies to the higher speed AND you lose the trial. So unless the officer actually gets on the witness stand to testify, they can not raise it up.

If officer is not there, then you can ask to have the charge withdrawn. Without the officers testimony they can proceed.
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I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
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Member
Oct 2, 2015
398 posts
115 upvotes
Etobicoke, ON
Can anyone provide guidance on my earlier post? At the top of this page..

Thank you
Jr. Member
Jan 31, 2008
108 posts
64 upvotes
Mississauga
gtirsmiley wrote:
Jun 19th, 2017 3:40 pm
Can anyone provide guidance on my earlier post? At the top of this page..

Thank you
I've been trying to make sense of the writing and I can only confidently make out two thirds of it. If I were you, I would ask for a typed version. Hopefully some other members can pitch in ideas for your defense; I'm curious how to defend against this, as the cell phone charge is becoming more and more frequent in this forum.
Patrick
Newbie
Jun 18, 2017
0 posts
Officer recorded Arrest Type as 2-Radar. In his supporting deposition it is stated he used Lidar (laser) model tru-speed to clock my speed. Does the deposition statement that he used laser conflict with the recorded arrest type of '2-radar'? Is it just semantics or should the arrest type be recorded as L for laser?
Member
Oct 2, 2015
398 posts
115 upvotes
Etobicoke, ON
pmdenterprises wrote:
Jun 19th, 2017 5:25 pm
I've been trying to make sense of the writing and I can only confidently make out two thirds of it. If I were you, I would ask for a typed version. Hopefully some other members can pitch in ideas for your defense; I'm curious how to defend against this, as the cell phone charge is becoming more and more frequent in this forum.
How can I go abouts doing this? Do I have to send another disclosure request or do I have to type a letter asking for it to be typed out?

Thanks for your advice, I thought of the same thing as well, it's barely readable and went against my initial request of a typed version.

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