Automotive

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

Deal Fanatic
May 1, 2012
8159 posts
5423 upvotes
Markham
varshan wrote:
Jul 14th, 2017 2:02 pm
Hi guys!
I got a speeding ticket on March 8, 2017 in Quinte West Belleville ON then I filed for trial on April 19, 2017 and requested with separate form for disclosure. Today I got notice of trial letter dated July 7, 2017 without disclosure. So now I have to send a letter for disclosure request or what is the next step? Thanks in advance.
Disclosure is issued by the Prosecution office. Contact them for disclosure.
Member
User avatar
Jun 14, 2011
316 posts
141 upvotes
Ottawa
I already requested the disclosure when I filed for trial time. They just send me only notice of trial letter. I have to request again disclosure or not?
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Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
varshan wrote:
Jul 14th, 2017 2:02 pm
Hi guys!
I got a speeding ticket on March 8, 2017 in Quinte West Belleville ON then I filed for trial on April 19, 2017 and requested with separate form for disclosure. Today I got notice of trial letter dated July 7, 2017 without disclosure. So now I have to send a letter for disclosure request or what is the next step? Thanks in advance.
Yes send another request letter to prosecutor for disclosure. Usually you don't ask for disclosure until you get the trial date anyways.
--
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.
--
Member
User avatar
Jun 14, 2011
316 posts
141 upvotes
Ottawa
ShrekTek wrote:
Jul 15th, 2017 9:43 am
Yes send another request letter to prosecutor for disclosure. Usually you don't ask for disclosure until you get the trial date anyways.
I got the notice of trial letter last Friday and my trial date is September 11, 2017.
Deal Fanatic
User avatar
Sep 21, 2012
5065 posts
578 upvotes
Mississauga
Well I just got my first speeding ticket.

An OPP officer merged onto the highway I while I was driving.

He was going pretty fast, at least 160km/h at one point, so I figured someone going 160 wasn't going to give out speeding tickets, so I followed him to a degree.

Turns out no, he was baiting me to go faster. When I gave up on following him, he braked hard and pulled me over for driving at "113 and 137 at one point"; my ticket shows 137.

Like the Son of Daedalus, I went too close to the sun; I should have stayed in the left lane doing 100.

Are there people on RFD that I could hire to fight this?

Currently I'm reading through the OP in case I represent myself.

It looks like they changed some of the procedures though.

Ie. Disclosure: https://www7.mississauga.ca/cityforms/l ... ve/Default asp - - looks like they email it now?

My ticket also says not to mail in, so I guess I need to bring it into the court room to tell them I'm fighting it?
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Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Dinujan wrote:
Jul 16th, 2017 9:54 am
Well I just got my first speeding ticket.

An OPP officer merged onto the highway I while I was driving.

He was going pretty fast, at least 160km/h at one point, so I figured someone going 160 wasn't going to give out speeding tickets, so I followed him to a degree.

Turns out no, he was baiting me to go faster. When I gave up on following him, he braked hard and pulled me over for driving at "113 and 137 at one point"; my ticket shows 137.

Like the Son of Daedalus, I went too close to the sun; I should have stayed in the left lane doing 100.

Are there people on RFD that I could hire to fight this?

Currently I'm reading through the OP in case I represent myself.

It looks like they changed some of the procedures though.

Ie. Disclosure: https://www7.mississauga.ca/cityforms/l ... ve/Default asp - - looks like they email it now?

My ticket also says not to mail in, so I guess I need to bring it into the court room to tell them I'm fighting it?
Police are allowed to speed all they want while on duty, so no, as you have discovered, you should not try to keep up with a speeding police officer.

Yes you need to go into address listed to request a trial. You do not need to hire anybody for the first parts of this, which will save you some money.

Choose the Not Guilty option and request a trial with the officer present. Once you receive your Notice of Trial in the mail, then you can request disclosure (officers notes, make/model/serial# of speed measuring device used). Once you get the disclosure, post it here so we can review and see if you have a chance at beating it or not.
--
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.
--
Deal Fanatic
Sep 26, 2006
5001 posts
487 upvotes
Toronto
So my father got 2 ticket in Toronto, Ontario. One being "Proceed Contrary to Sign at Intersection" and another being Fail to Stop on Right for Emergency Vehicle". On the back of the ticket it provides 3 options, one being Plea of Guilty, one being Early Resolution - Meet with Prosecutor with the option of a language interpreter, and finally Trail Option. From what I understood from him, it all happened due to the mess happening on Eglinton Ave right now with all the TTC construction and got confused with some of the signage and got somewhat worked up with a cop stopping him after all 10+ years of a clean record. I'm hoping to at least set it to trial and get disclosure in hopes of seeing what the cop wrote down about the incident and work from there.

In regards to do the options, would it be best to choose Option 2, Early Resolution - Meet with Prosecutor and ask for a language interpreter for him and if not satisfied with the resolution continue forward with a trial and then ask for disclosure? Otherwise, can I go on his behalf to the Ontario Court of Justice and fill out the necessary paperwork in regards to the offences? It states for Option 3, Trial Option, that it will be an English language trial, so does that mean he forgoes the right for a language interpreter?

Thanks.
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Sr. Member
Jan 23, 2017
956 posts
780 upvotes
Calgary
I got a speeding ticket from Markham in early June and sent it to Newmarket requesting a trial date, haven't received anything yet.

Anyone else in a similar situation know how long it usually takes or you needed to follow up?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
OKSpring wrote:
Jul 18th, 2017 7:30 am
I got a speeding ticket from Markham in early June and sent it to Newmarket requesting a trial date, haven't received anything yet.

Anyone else in a similar situation know how long it usually takes or you needed to follow up?
Best thing to do is call the Provincial Offences office in Markham and ask for the status. But it can take months sometimes before you get your trial date set, so this is not uncommon.
--
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.
--
Deal Addict
Jul 2, 2007
1159 posts
128 upvotes
Got a "Disobey stop sign - fail to stop" ticket this morning. First ticket I've gotten since I've been driving. Guess it's about time... I didn't fly through the stop sign or anything but I didn't do the driver's school full stop and wait a couple of seconds before going either. Stop sign tickets are hard to fight if it comes down to evidence right?

In any case, the back of the ticket has three options. I understand option 1 and 3 (pay the fine / go to trial), but option 2 which I've heard is the "early resolution" option is stated as "plea of guilty - submissions as to a penalty". This is the same thing as "early resolution" right? Appear before a prosecutor, agree to a lesser fine and hopefully remove points, etc.?

I know it's quite contrary to the thread but I do plan to do option 2 as it seems quite daunting to go about handling everything for option 3. If I do end up going for a trial however, what do I expect to get in the disclosure for evidence? The cop told me he had the camera rolling and it was recording, will I get that video (if there actually was one)? First ticket so I was a bit shocked when he was talking to me. I didn't admit fault but I did ask to be let off with a warning (... ha). It seems like stop sign tickets are hard to overturn completely so I am probably banking on all the other things to let me off (like the cop not showing up, etc).
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
malaujai wrote:
Jul 18th, 2017 11:56 am
Got a "Disobey stop sign - fail to stop" ticket this morning. First ticket I've gotten since I've been driving. Guess it's about time... I didn't fly through the stop sign or anything but I didn't do the driver's school full stop and wait a couple of seconds before going either. Stop sign tickets are hard to fight if it comes down to evidence right?

In any case, the back of the ticket has three options. I understand option 1 and 3 (pay the fine / go to trial), but option 2 which I've heard is the "early resolution" option is stated as "plea of guilty - submissions as to a penalty". This is the same thing as "early resolution" right? Appear before a prosecutor, agree to a lesser fine and hopefully remove points, etc.?

I know it's quite contrary to the thread but I do plan to do option 2 as it seems quite daunting to go about handling everything for option 3. If I do end up going for a trial however, what do I expect to get in the disclosure for evidence? The cop told me he had the camera rolling and it was recording, will I get that video (if there actually was one)? First ticket so I was a bit shocked when he was talking to me. I didn't admit fault but I did ask to be let off with a warning (... ha). It seems like stop sign tickets are hard to overturn completely so I am probably banking on all the other things to let me off (like the cop not showing up, etc).
Early Resolution and Plead Guilty with an Explanation are NOT the same thing at all. Jurisdictions have the option to put one or the other on the back of their tickets. Personally Early Resolution meetings with prosecutors are usually a waste of time because you can have the same discussion with them about plea deals right before the trial. Also at early resolution meetings you most likely will not have the benefit of seeing disclosure, so you cant make a proper decision without it.

You should just plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (officers notes). Once you get the notes, post them here so we can see if there is a chance to beat it or not.

This ticket is almost impossible to beat because it is simply officers word against yours. The only way to beat it will be if the officers notes are missing some important information (rare) or the officer does not show up for the trial (very rare).

So you get disclosure and if notes are good, you then show up for trial. If officer shows up for trial too, then you can talk to prosecutor about reduced fine due to your "financial hardship". Or if you get officers notes and they look good and you don't want to waste anymore of your time, then you can just pay off the ticket before the trial date.
--
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.
--
Deal Addict
Jul 2, 2007
1159 posts
128 upvotes
ShrekTek wrote:
Jul 18th, 2017 12:11 pm
Early Resolution and Plead Guilty with an Explanation are NOT the same thing at all. Jurisdictions have the option to put one or the other on the back of their tickets. Personally Early Resolution meetings with prosecutors are usually a waste of time because you can have the same discussion with them about plea deals right before the trial. Also at early resolution meetings you most likely will not have the benefit of seeing disclosure, so you cant make a proper decision without it.

You should just plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (officers notes). Once you get the notes, post them here so we can see if there is a chance to beat it or not.

This ticket is almost impossible to beat because it is simply officers word against yours. The only way to beat it will be if the officers notes are missing some important information (rare) or the officer does not show up for the trial (very rare).

So you get disclosure and if notes are good, you then show up for trial. If officer shows up for trial too, then you can talk to prosecutor about reduced fine due to your "financial hardship". Or if you get officers notes and they look good and you don't want to waste anymore of your time, then you can just pay off the ticket before the trial date.
Thanks! That was very useful. I got the ticket near work and a few of my coworkers told me that cop is always there. Given that, he's probably written quite a few tickets so I can imagine it'll be even less likely he messes up in the report or that he doesn't show up for court.

If I do choose to fight the ticket, is the OP still a good guide to follow? Seems like it was last updated a few years ago.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
malaujai wrote:
Jul 18th, 2017 1:47 pm
Thanks! That was very useful. I got the ticket near work and a few of my coworkers told me that cop is always there. Given that, he's probably written quite a few tickets so I can imagine it'll be even less likely he messes up in the report or that he doesn't show up for court.

If I do choose to fight the ticket, is the OP still a good guide to follow? Seems like it was last updated a few years ago.
Just plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you send a letter to prosecutor asking for a copy of the officers notes (typed copy if they are hard to read). Thats it!
--
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
Jul 18, 2017
1 posts
Careless driving ticket, car was totaled, officer left the sex blank on ticket, motor vehicle involved checkbox unchecked, collision checkbox unchecked and witnesses box unchecked. I don't get it?
Deal Addict
Jul 2, 2007
1159 posts
128 upvotes
Do you know how long it usually takes to get a trial date? I thought about it and I may decide not to fight the ticket because I received it only a few weeks after my renewal from insurance and I figure I can capitalize on that by shopping insurance right around the time my conviction is cleared (I'll pay increased premiums for a shorter time).

If I were to choose Option 2 and plea guilty with an explanation, I guess that means I can reduce the fine by providing some explanation or reasoning? Is something like financial hardship enough?

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