Automotive

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

Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
Kosaka1618 wrote:
Jul 4th, 2017 6:29 pm
Hey guys,

Looking for some advice on a Handheld communication device ticket I just got in which I might not have taken the best course of action.

I was waiting at a red light and I noticed a notification on my cel. I pressed the "home button", read the notification (didn't unlock the phone) and when I raised my head I saw a cruiser stopped beside my window with the officer staring at me. The officer asked me to pull over. I asked her why was I getting a ticket as I was not actually using the phone, I was just looking at the notification I got, without interaction. (In afterthought, I shouldn't have said I was checking the phone). She explained why. After she gave me the ticket she said "unfortunately you'll get demerit points for this, I recommend you do some research on how to proceed". Off she went. As with everyone else, I'm more concerned about the ticket cost and insurance inflation.

My questions to any helping souls are:

1. Does the fact that I admitted holding the cell phone to the office ruins my case? Should I fight it?
2. I have read a lot about the possibility of having my fine upped from 490 to 1000 dollars in the case I fight this ticket. Have you heard of anyone who had to pay so?
3. If I go to trial, the officer is there (could she be hidden in the corner?), should I just admit guilt?

Thanks! (this sucks)
Unless you have several tickets already for the same thing, they will NOT raise the fine up. They only raise fines up when people have a history of doing the same thing over and over again. You will most likely be able to actually get it reduced if you complain about your finances.

The charge is actually for HOLDING the phone. If you had it in your hand, regardless of what you were doing with it (and even if it was off), they can still charge you. You are allowed to use your phone in handsfree mode if it is securely mounted in the vehicle as far as answering and hanging up phone calls only. If the phone was mounted and you were just pushing a button then you may have a chance to beat it.

Anyways you need to see disclosure (officers notes) before you can decide if there is a defense or not, so plead Not Guilty and request a trial with the officer present and once you get your Notice of Trial then you can request the disclosure (officers notes) and once you get the notes, post them here for us to review.
Last edited by ShrekTek on Jul 5th, 2017 2:19 pm, edited 1 time in total.
--
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.
--
ShrekTek.ca
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
Lovable wrote:
Jul 5th, 2017 1:16 am
I received a trial date for later this year (November) and wanted to know whether or not I should request disclosure now or wait a bit?
In Ontario you should request it right away. There is no advantage to waiting.
--
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.
--
ShrekTek.ca
Newbie
Dec 20, 2016
7 posts
ShrekTek wrote:
Jul 5th, 2017 2:12 pm
In Ontario there is NO CHANCE of getting it changed to a non-moving violation. Was the charge under Highway Traffic Act (HTA) or under a by-law offence?

You could ask for early resolution and see what the prosecutor has to say, but most likely they will not offer you any deal. If you do not like the deal they offer you then you can request disclosure and a trial date.
Oh, I'm in Alberta and it was under the Use of Highway and Rules of the Road act, so Im not sure.
Penalty Box
May 1, 2012
6416 posts
2757 upvotes
Markham
CHILLPILL123 wrote:
Jul 5th, 2017 2:31 pm
Oh, I'm in Alberta and it was under the Use of Highway and Rules of the Road act, so Im not sure.
So it's not a by-law offense.

This will be a moving violation 100%, even if you take a plea deal.
Newbie
Jul 4, 2017
1 posts
Hi Helping Souls!
I got a speed ticket & I intend to fight it. What are the steps to apply for Trial option? Do I need to visit the court and do some paper work to submit my Trial option? (The ticket says "For Trial Option - DO NOT MAIL"). If yes, what paper work do I need to take along? Further, Who do I meet at the court for filing notice of intention to appear in court?

Please respond ASAP.
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
CHILLPILL123 wrote:
Jul 5th, 2017 2:31 pm
Oh, I'm in Alberta and it was under the Use of Highway and Rules of the Road act, so Im not sure.
I unfortunately do not know anything about Alberta, so it won't hurt to ask if it can be changed to a non-movng violation. Worst they can say is no!
--
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.
--
ShrekTek.ca
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
symsons wrote:
Jul 5th, 2017 3:32 pm
Hi Helping Souls!
I got a speed ticket & I intend to fight it. What are the steps to apply for Trial option? Do I need to visit the court and do some paper work to submit my Trial option? (The ticket says "For Trial Option - DO NOT MAIL"). If yes, what paper work do I need to take along? Further, Who do I meet at the court for filing notice of intention to appear in court?

Please respond ASAP.
Everything you need to know should be on the back of the ticket... it should tell you where to go to ask for a trial. And you only need to take the ticket with you.
--
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.
--
ShrekTek.ca
Newbie
Dec 20, 2016
7 posts
Anikiri wrote:
Jul 5th, 2017 3:13 pm
So it's not a by-law offense.

This will be a moving violation 100%, even if you take a plea deal.
so my best bet would be to try to plea, then set a court date/ask for disclosure, then try again for plea deals?
Penalty Box
May 1, 2012
6416 posts
2757 upvotes
Markham
CHILLPILL123 wrote:
Jul 6th, 2017 2:29 am
so my best bet would be to try to plea, then set a court date/ask for disclosure, then try again for plea deals?
Depends what you want out of this. If you want to take a chance and drag this out, potentially the cop may not show up to one of the court dates, or drag it out long enough using disclosure delays and potentially file for 11b. This can take up to a year or more and there is no guarantee that it'll work for you.

If you just want to get this over with, file for disclosure, go to your court date, the prosecution then will offer you a plea deal, take the plea deal and go home. Conversely, you can take pictures of your intersection and if you really think it is confusing then bring these pictures and explain your side to the JoP. This means refusing the plea deal. The JoP (if you have a good case) will at least give you a reduced penalty, or throw out the ticket if your case is really good.

It's up to you.
Member
Oct 25, 2011
210 posts
11 upvotes
symsons wrote:
Jul 5th, 2017 3:32 pm
Hi Helping Souls!
I got a speed ticket & I intend to fight it. What are the steps to apply for Trial option? Do I need to visit the court and do some paper work to submit my Trial option? (The ticket says "For Trial Option - DO NOT MAIL"). If yes, what paper work do I need to take along? Further, Who do I meet at the court for filing notice of intention to appear in court?

Please respond ASAP.
Where is the ticket from? Check to back for trial with officer present.
Newbie
Jul 3, 2017
2 posts
I just got speeding ticket 114 km/hr on 80 km/hr zone, and fined $ 256 PLUS 4 demerit point at location(HWY 10) close to Owen sound at Grey county, Ontario. I have Allstate as my insurance

I have clean records with no violation in the last 10 years and this is my first violation in the last 10 years
I wonder if somebody can help me with information regarding
1. is this 34 km/hr over the limit a major or minor offence from ALLSTATE point of view
2. I live about 3 hr away from Owen sound, is it worth while to fight to get reduction of my point to reduce the possibility on insurance increase
3. I wonder if somebody will know if OPP has more tendency to show up at the court at Owen sound court
4. Can somebody inform me how tough or lenient the Owen sound court for speeding ticket... i.e. How much reduction would I expect to have for the above offence

Thank you so much for your input
Jr. Member
Nov 2, 2015
148 posts
28 upvotes
Markham
I requested "Intent to Appear" for my parking ticket in May 1st 2017, and I have not yet received anything today after filing the disrupt.

I still have the yellow copy with me and my address is correct. Will I still receive it even its after 2 months? thanks
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
jefrkw wrote:
Jul 7th, 2017 8:36 am
I just got speeding ticket 114 km/hr on 80 km/hr zone, and fined $ 256 PLUS 4 demerit point at location(HWY 10) close to Owen sound at Grey county, Ontario. I have Allstate as my insurance

I have clean records with no violation in the last 10 years and this is my first violation in the last 10 years
I wonder if somebody can help me with information regarding
1. is this 34 km/hr over the limit a major or minor offence from ALLSTATE point of view
2. I live about 3 hr away from Owen sound, is it worth while to fight to get reduction of my point to reduce the possibility on insurance increase
3. I wonder if somebody will know if OPP has more tendency to show up at the court at Owen sound court
4. Can somebody inform me how tough or lenient the Owen sound court for speeding ticket... i.e. How much reduction would I expect to have for the above offence

Thank you so much for your input
1. Some insurance companies consider speeding 30 to 49 over as MINOR and some consider it MAJOR. Only insurance company can answer that question so you will have to ask them.

2. Its always worthwhile to try and get a reduction. You may be able to schedule an early resolution meeting with prosecutor over the phone. They have no obligation to offer you any kind of deal or reduction, but a lot of times they will. So you might get an offer for something like 25 to 29 over which is only 3 demerits and is considered a MINOR by all insurance.

3. OPP are 99% going to show up for court. Trial dates are scheduled around their shifts that they are working so it is very rare for OPP to not show up.

4. No idea.
--
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.
--
ShrekTek.ca
Member
Oct 25, 2011
210 posts
11 upvotes
jefrkw wrote:
Jul 7th, 2017 8:36 am
I just got speeding ticket 114 km/hr on 80 km/hr zone, and fined $ 256 PLUS 4 demerit point at location(HWY 10) close to Owen sound at Grey county, Ontario. I have Allstate as my insurance

I have clean records with no violation in the last 10 years and this is my first violation in the last 10 years
I wonder if somebody can help me with information regarding
1. is this 34 km/hr over the limit a major or minor offence from ALLSTATE point of view
2. I live about 3 hr away from Owen sound, is it worth while to fight to get reduction of my point to reduce the possibility on insurance increase
3. I wonder if somebody will know if OPP has more tendency to show up at the court at Owen sound court
4. Can somebody inform me how tough or lenient the Owen sound court for speeding ticket... i.e. How much reduction would I expect to have for the above offence

Thank you so much for your input
OPP is more than likely to show up. When does your insurance term renew? It may be a better option to request trial.
Member
Sep 25, 2003
317 posts
17 upvotes
Toronto
Got a speeding ticket for 70km/h over 50km/h zone. But the set fine and total payable are $0. Then I found that the description in the ticket said "SPEEDING - 70 KM/H IN A 4 KM/H ZONE". Does that mean the ticket is invalid and I'm off the hook?

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