Automotive

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

Deal Fanatic
User avatar
Jan 28, 2005
6078 posts
250 upvotes
Scarborough
Can anybody give me some recommendations on this. Thank you

lithiumli wrote:
Jun 15th, 2017 11:06 pm
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
Jun 19, 2017
2 posts
Hi,

I was recently driving way too fast (And this experience has slowed me down). I have not had a speeding ticket in years and my licence is clean.

I was doing 131 in an 80kph long straight empty country road at 11:30pm. Obviously that was grounds for licence and vehicle suspension. Fortunately the officer 'let me off' and ticketed me for 129 in an 80 (So 49 over, avoiding the stint driving ticket).

I need to decide between Option 2 "Early resolution" or Option 3 "Trial Option".

My expectation (or at least, hope) is that I may get a slightly reduced charge. I see no way that I will get off the charge as, yes, I was driving that fast. Given this, would it be wise to just go seek early resolution? Are they less likely to reduce the charge at early resolution? How does it work, is it similar to when you go to court and you line up outside the courtroom to see the JP who will often offer you a reduced charge?

One concern I have is that the ticket is marked with an "R", signifying that this is already a reduced charge. Will they use that against me and refuse to give a reduced charge? Is that scenario more likely to play out at court if the officer is there badgering the JP and reminding him that I was going 50+ over?

I did get some advice from X-Copper that if I were to properly take this to trial, I would be fighting the original evidence rather than the already-reduced charge. This would be bad. When I look at Option 3, it says "Trial Option -DO NOT MAIL - I intend to appear in court to plead not guilty". I have no intent of pleading not guilty, my intent is to plead guilty to a lower charge. This wording scares me as it sounds like I intend to fight the evidence on file (50+) which I most definitely do not.

I feel like Option 2 - "Early Resolution" would be the best option in this case. What do you think?
Newbie
May 28, 2007
30 posts
Montreal
Hi, My Daughter who is on her probationary license in Quebec that allows for 4 demerit points got an excessive ticket while the highway she was driving on at 140 (100 km max) switched to 70 km/hr
The fine was for 14 demerit points as she was caught by police radar. Any suggestions would be appreciated.
Thank you
Deal Fanatic
User avatar
Mar 23, 2008
9919 posts
6246 upvotes
Edmonton
mistert wrote:
Jun 20th, 2017 8:02 pm
Hi, My Daughter who is on her probationary license in Quebec that allows for 4 demerit points got an excessive ticket while the highway she was driving on at 140 (100 km max) switched to 70 km/hr
The fine was for 14 demerit points as she was caught by police radar. Any suggestions would be appreciated.
Thank you
Hire a professional.

C
Newbie
Jun 19, 2017
2 posts
TooFast17 wrote:
Jun 20th, 2017 10:02 am
Hi,

I was recently driving way too fast (And this experience has slowed me down). I have not had a speeding ticket in years and my licence is clean.

I was doing 131 in an 80kph long straight empty country road at 11:30pm. Obviously that was grounds for licence and vehicle suspension. Fortunately the officer 'let me off' and ticketed me for 129 in an 80 (So 49 over, avoiding the stint driving ticket).

I need to decide between Option 2 "Early resolution" or Option 3 "Trial Option".

My expectation (or at least, hope) is that I may get a slightly reduced charge. I see no way that I will get off the charge as, yes, I was driving that fast. Given this, would it be wise to just go seek early resolution? Are they less likely to reduce the charge at early resolution? How does it work, is it similar to when you go to court and you line up outside the courtroom to see the JP who will often offer you a reduced charge?

One concern I have is that the ticket is marked with an "R", signifying that this is already a reduced charge. Will they use that against me and refuse to give a reduced charge? Is that scenario more likely to play out at court if the officer is there badgering the JP and reminding him that I was going 50+ over?

I did get some advice from X-Copper that if I were to properly take this to trial, I would be fighting the original evidence rather than the already-reduced charge. This would be bad. When I look at Option 3, it says "Trial Option -DO NOT MAIL - I intend to appear in court to plead not guilty". I have no intent of pleading not guilty, my intent is to plead guilty to a lower charge. This wording scares me as it sounds like I intend to fight the evidence on file (50+) which I most definitely do not.

I feel like Option 2 - "Early Resolution" would be the best option in this case. What do you think?
Any thoughts on this? I should have asked here much much sooner, I realize. I need to take my ticket in tomorrow as it's day 15. I think I will just have to go with Option 3 at this point, unless I can take the ticket in and ask for Option 2...
Member
User avatar
Jun 18, 2010
481 posts
80 upvotes
GTA
My court date is this Thursday at the Toronto Old City Hall. They gave me the court room to show up at. I heard that just prior to the trial, you can meet with the prosecutor to negotiate a deal. Where and when exactly does this happen? Is there a separate room that I need to go to or is it the same room as the court room?

Thanks!
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
TooFast17 wrote:
Jun 20th, 2017 9:35 pm
Any thoughts on this? I should have asked here much much sooner, I realize. I need to take my ticket in tomorrow as it's day 15. I think I will just have to go with Option 3 at this point, unless I can take the ticket in and ask for Option 2...
The best option is to plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes). Once you get the notes, post them here so we can review and see if there is something the officer missed or not.

You have nothing to lose by doing this as you can just plead guilty and pay it anytime before the trial. If you show up for the trial, the prosecutor MIGHT offer a little more of reduction, but since officer already reduced this is probably a 50/50 chance. Of course if the officer is not there for the trial, then they are supposed to drop the charge completely, but the officer not showing up is rare.

If you decide not to take any offer the prosecutor offers you (or they do not offer you anything else) then you can either (1) still just plead guilty for the 49 over, or (2) plead not guilty and take it trial, in which case you will be fighting the higher charge of 51 over.

WARNING: 50+ over speeding in Ontario carries the same insurance consequences as DUI and Careless Driving... you most likely want to avoid going to trial because if you lose at 51 over, this is far far more serious than 49 over.

So plead not guilty, go to the trial date, talk to prosecutor and hopefully they will reduce it a little more. If they don't, you are still probably better off pleading guilty to the 49 over instead of trying to fight the 51 over.
--
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.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
lithiumli wrote:
Jun 19th, 2017 10:15 pm
Can anybody give me some recommendations on this. Thank you
You can call and ask if it is ready yet. If not, then send another request.

Keeping your phone number off is pointless now in Ontario as caselaw has changed and the prosecution has no obligation to let you know it is ready. It is up to you to chase them down and check.
--
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.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
HansaK181776 wrote:
Jun 19th, 2017 6:50 pm
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?
It is just sematics and does not matter. It will not help you at trial.
--
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.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
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?
If you gave your paralegal specific instructions to fight the ticket (as opposed to taking a plea deal) then you have recourse to sue them for not following your instructions. Of course you will need to hire another company to help you sue them.

Now if they did not follow your instructions, then this is also a reason to appeal the conviction and ask for a new trial, so you can try again!

ALL convictions (Ontario Highway Traffic Act) will appear on you driving record, without question.

If it was a BY-LAW offence, then it may or may not appear on your driving record, depending on whether the municipality submits it to MTO or not.

What is the exact original charge (wording and section number)?
What is the exact reduced charge (wording and section number)?
--
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.
--
Newbie
Jun 23, 2011
12 posts
Hoping for your opinion. Got a speeding ticket doing (supposedly) 72 in a 40. May have been going 60. Officer was waiting at the bottom of a hill. Officer marked it down as going 60 in a 40. He told me if i take it to court they will likely reduce it further. I didn't see a radar. It all happened within 5 mins. He asked for driving license and came back with a ticket. When he told me to pull over he already had someone else pulled over and while ticketing me (he was in his car writing a ticket) he flagged someone else to pull them over. so 3 tickets in the 5 mins i may have been waiting.

If I do want to fight it, would I select Option 2 Early Resolution or Option 3 Trial? What grounds can I use when fighting the ticket?

This is my first ticket in more than 10 years of driving. Will this affect my insurance? (Which just got renewed last month)

Thnaks
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
05tortsx wrote:
Jun 21st, 2017 12:57 pm
Hoping for your opinion. Got a speeding ticket doing (supposedly) 72 in a 40. May have been going 60. Officer was waiting at the bottom of a hill. Officer marked it down as going 60 in a 40. He told me if i take it to court they will likely reduce it further. I didn't see a radar. It all happened within 5 mins. He asked for driving license and came back with a ticket. When he told me to pull over he already had someone else pulled over and while ticketing me (he was in his car writing a ticket) he flagged someone else to pull them over. so 3 tickets in the 5 mins i may have been waiting.

If I do want to fight it, would I select Option 2 Early Resolution or Option 3 Trial? What grounds can I use when fighting the ticket?

This is my first ticket in more than 10 years of driving. Will this affect my insurance? (Which just got renewed last month)

Thnaks
Choose option 3 and plead not guilty and request a trial with the officer present. Once you get your trial date, then you can request disclosure (copy of officers notes). You need to see the notes to decide if you can fight it or not.

Worst case is you can just decide to pay it before the trial. Next case would be that you go to trial and the prosecutor may reduce it a little more. Next case is that you go to trial and prosecutor does not offer to reduce it, so you just plead guilty to the 60 in a 40.

The only scenario that puts you worse off is if you go to trial and decide to actually fight it. Then if you lose at the trial, they can raise it back up to the original higher speed.
--
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.
--
Newbie
Jun 20, 2017
1 posts
I was on a bike and got ticketed in Toronto for "Cyclist ride in/over crosswalk." I have read that there are court fees to pay if I take it to trial. Since this ticket doesn't affect my insurance or driving record (my driver's license wasn't recorded) and I don't have a defence anyway, is this even worth taking to trial? I am in a tight financial situation, which is why I would like to avoid paying the fine, but I feel like I have no fighting chance if none of the other possibilities such as not receiving the disclosure in time, etc., for it to be thrown out doesn't happen.
Newbie
Jul 12, 2015
24 posts
2 upvotes
GTA, ON
I got a speeding ticket in York Region (Toronto, ON) on March 1st 2017
I chose Option 3 to go to Trial, filed for it on March 17th 2017
I got a trial date of March 13th 2018

That's 12 months and 12 days from receiving ticket to court date, and just shy of 12 months from filing to go to Trial and the court date

Is that enough to claim 11b? How do I get started?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
omglawlz wrote:
Jun 22nd, 2017 12:41 am
I got a speeding ticket in York Region (Toronto, ON) on March 1st 2017
I chose Option 3 to go to Trial, filed for it on March 17th 2017
I got a trial date of March 13th 2018

That's 12 months and 12 days from receiving ticket to court date, and just shy of 12 months from filing to go to Trial and the court date

Is that enough to claim 11b? How do I get started?
Unfortunately in Ontario there was a recent caselaw that set a hard ceiling for an 11B of 18 months. I beleive that this is being improperly applied and could possibly be beaten, however it would take an experienced lawyer/paralegal to beat it.

This thread explains it really well:
https://www.ontariohighwaytrafficact.co ... t7680.html
--
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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