Automotive

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

Deal Addict
User avatar
May 8, 2002
4072 posts
436 upvotes
Roastbeast3000 wrote:
Jul 19th, 2017 1:14 am
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?
The motor vehicle involved checkbox is supposed to be blank (it's checked if a motor vehicle is not involved, ie trespassing tickets), collision box should be checked and witness box is irrelevant (officer will include any relevant witness statements in the disclosure). Not sure if the sex box matters
Deal Fanatic
May 1, 2012
8157 posts
5410 upvotes
Markham
Harperman wrote:
Jul 19th, 2017 10:33 am
Hi everyone,

Today I received a typed disclosure today from the prosecutor in Hamilton. Attached is the letter I received. I was wondering what percent chance will the Hamilton police (not OPP) show up in court? Does anyone have any experience with the Hamilton court office with regards to speeding ticket?
The cop basically has everything in that disclosure, you have no way to argue any of it. Around a <5% chance they don't show up, mostly illness or personal family matters. Good luck.
Deal Fanatic
May 1, 2012
8157 posts
5410 upvotes
Markham
Roastbeast3000 wrote:
Jul 19th, 2017 1:14 am
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?
None of those matter. I would probably either think about pleading something or fighting it by dragging it out somehow.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Roastbeast3000 wrote:
Jul 19th, 2017 1:14 am
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?
In Ontario, all that stuff is just fluff and does not matter anyways. You need a copy of disclosure (officers notes, witness statements, accident report) in order to really know what is going on, so plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then you send letter to prosecutor asking for disclosure.
--
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
5000 posts
487 upvotes
Toronto
icemasta wrote:
Jul 17th, 2017 3:55 pm
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.
Sorry to bump, but could anyone possibly provide any info on how to proceed? My only day off during the week is Friday so I want to go in on that day. Thanks!
Plan: Public Mobile - $46/month Unlimited NA Talk/Global Text/8.5GB
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
icemasta wrote:
Jul 19th, 2017 6:17 pm
Sorry to bump, but could anyone possibly provide any info on how to proceed? My only day off during the week is Friday so I want to go in on that day. Thanks!
Early resolution is usually a waste of time because you do not have the advantage of having reviewed the disclosure, and the prosecutors will offer you same kind of deal (if any) at trial that they would at early resolution.

I recommend you just plead not guilty and request a trial with the officer present AND an interpreter. When you go to ask for trial you can request an interpreter for whatever language. Once you get the notice of trial, you then send letter to prosecutor asking for disclosure (copy of officers notes) and then you can show up for trial date and meet with prosecutor before trial. There is a chance they might drop on if he pleads guilty to the other one, but no promises.
--
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
Dec 1, 2009
937 posts
103 upvotes
Mississauga
Hi
Recently I got speeding ticket in north of gta
I requested for trial then I had to change date.i was given date verbally at that time
Now I received a notice of motion with the new date and with affidavit saying officer is not available to original date.

The date in notice of motion is this a new trial date ? I dont think I can make it at that date. I am thinking to change the date again.
Can some one guide what to do?can I request them to dismiss the ticket ?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
jeffdude87 wrote:
Jul 20th, 2017 12:35 am
Hi
Recently I got speeding ticket in north of gta
I requested for trial then I had to change date.i was given date verbally at that time
Now I received a notice of motion with the new date and with affidavit saying officer is not available to original date.

The date in notice of motion is this a new trial date ? I dont think I can make it at that date. I am thinking to change the date again.
Can some one guide what to do?can I request them to dismiss the ticket ?
What is the date of the Notice of Motion? Is the motion scheduled on the new trial date that you had requested?

If you can not make the new date that they are suggesting, then you should advise both the prosecutor and the provincial offences office that the new date in the motion is unacceptable AND provide them with some dates that will work for you.

On the motion date, you can oppose the motion and say you are here and ready to proceed and if the officer is not here then they should withdraw the charge. Most likely this will not work and the JP will probably allow a new date. You will then be able to argue that the new date does not work for you and provide them dates that will work.
--
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
Aug 22, 2010
889 posts
74 upvotes
Hey,

So I was speeding (104 in a 60 zone) and got a ticket. I didn't have updated insurance on me (my paper expired the previous year but my insurance is valid). The officer said he wouldn't ticket me for not having the proper insurance but didn't reduce the speed. I requested a trial and received a date, but haven't requested disclosure yet. A few questions:

1) I've read that if I go to court on this, the prosecutor can reinstitute charges that were reduced/dropped. Does this mean that if I go to trial I could also end up paying for not having insurance since the officer dropped that?

2) The ticket says 103, but my actual speed was 104. The officer even showed me his radar gun with 104 on it. Of course, it's a 1 km/h difference and speeding is absolute liability, but would bringing this up hurt the officer's testimony since it's technically incorrect?

3) My court is Newmarket. If I fax in the disclosure request from ticketcombat.com, will they even fulfill it? I see that York Region has its own disclosure request form which clearly states that disclosure will be made available for pick up, whereas ticketcombat.com says let them mail it to you.

Thanks in advance!
Deal Addict
Jul 2, 2007
1158 posts
128 upvotes
Crossover wrote:
Jul 20th, 2017 3:28 pm
Hey,

So I was speeding (104 in a 60 zone) and got a ticket. I didn't have updated insurance on me (my paper expired the previous year but my insurance is valid). The officer said he wouldn't ticket me for not having the proper insurance but didn't reduce the speed. I requested a trial and received a date, but haven't requested disclosure yet. A few questions:

1) I've read that if I go to court on this, the prosecutor can reinstitute charges that were reduced/dropped. Does this mean that if I go to trial I could also end up paying for not having insurance since the officer dropped that?

2) The ticket says 103, but my actual speed was 104. The officer even showed me his radar gun with 104 on it. Of course, it's a 1 km/h difference and speeding is absolute liability, but would bringing this up hurt the officer's testimony since it's technically incorrect?

3) My court is Newmarket. If I fax in the disclosure request from ticketcombat.com, will they even fulfill it? I see that York Region has its own disclosure request form which clearly states that disclosure will be made available for pick up, whereas ticketcombat.com says let them mail it to you.

Thanks in advance!
Quick question for my own purposes... How soon was your court date from the date you requested the trial
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Crossover wrote:
Jul 20th, 2017 3:28 pm
Hey,

So I was speeding (104 in a 60 zone) and got a ticket. I didn't have updated insurance on me (my paper expired the previous year but my insurance is valid). The officer said he wouldn't ticket me for not having the proper insurance but didn't reduce the speed. I requested a trial and received a date, but haven't requested disclosure yet. A few questions:

1) I've read that if I go to court on this, the prosecutor can reinstitute charges that were reduced/dropped. Does this mean that if I go to trial I could also end up paying for not having insurance since the officer dropped that?

2) The ticket says 103, but my actual speed was 104. The officer even showed me his radar gun with 104 on it. Of course, it's a 1 km/h difference and speeding is absolute liability, but would bringing this up hurt the officer's testimony since it's technically incorrect?

3) My court is Newmarket. If I fax in the disclosure request from ticketcombat.com, will they even fulfill it? I see that York Region has its own disclosure request form which clearly states that disclosure will be made available for pick up, whereas ticketcombat.com says let them mail it to you.

Thanks in advance!
1) No this is not correct. If you get a speeding ticket and the officer reduces the speed, then if you go to trial AND the trial starts AND you plead not guilty AND the officer takes the witness stand AND officer testifies to the higher speed THEN they can amend the charge and raise it back up to the higher speed. Notice all the AND's that must occur for them to raise it back up. If any one of those AND's does not happen then they can not raise it back up to higher speed. And they can not add a new charge back in that the officer did not charge you for initally.

2) No it won't help you at all, other than giving the JP a reason to charge you with speeding at 104 instead of 103.

3) You can use any disclosure request you want, written in any way you want. You do not need to use the courts forms. All a disclosure request is, is just a letter telling them what you want them to give 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.
--
Newbie
May 15, 2008
40 posts
Mississauga
Hello Traffic Ticket fighting guru,

I had missed my early resolution meeting 7 days ago. I thought it was today...
What is my advice here?

it was for 4 tickets, speeding +10 km/h, failing to surrender license, ownership and insurance.
I was really hoping to get the latter 3 dropped because i just forgot my wallet that day.

Your answer is much appreciated.
Sr. Member
Aug 22, 2010
889 posts
74 upvotes
malaujai wrote:
Jul 20th, 2017 3:39 pm

Quick question for my own purposes... How soon was your court date from the date you requested the trial
10 months, how about yours (assuming you're asking because you're also Newmarket court)?
ShrekTek wrote:
Jul 20th, 2017 4:35 pm
1) No this is not correct. If you get a speeding ticket and the officer reduces the speed, then if you go to trial AND the trial starts AND you plead not guilty AND the officer takes the witness stand AND officer testifies to the higher speed THEN they can amend the charge and raise it back up to the higher speed. Notice all the AND's that must occur for them to raise it back up. If any one of those AND's does not happen then they can not raise it back up to higher speed. And they can not add a new charge back in that the officer did not charge you for initally.

2) No it won't help you at all, other than giving the JP a reason to charge you with speeding at 104 instead of 103.

3) You can use any disclosure request you want, written in any way you want. You do not need to use the courts forms. All a disclosure request is, is just a letter telling them what you want them to give you.
Thanks for the help.

Is it likely that they won't respond to my request if I follow ticketcombat.com which says to only put the address so that they mail it instead of having me pick it up? I saw some forum posts via Google claiming that people who did that didn't receive their disclosure. Assuming this happens to me, what will happen if I show up, tell the JP I never received disclosure, the prosecutor says they never received it, then I show fax confirmation of the requests? Will they throw out the case or provide me with disclosure and make me come back? I really, really want to avoid going to court more than once because it's already going to be very tough to get off work for one day, let alone two.

On that note, what happens if I can't attend the court date due to work? Can I request that they move it?
Sr. Member
Aug 22, 2010
889 posts
74 upvotes
Also, can I apply for an 11b in this case, since my trial date is 10.5 months after the incident? Based on this thread (another forum), there doesn't seem to be consensus on whether 10 months is still the standard, or if that new case law which moves the bar to 18 months applies to traffic cases. Does anyone have insight into this?
Deal Addict
Jul 2, 2007
1158 posts
128 upvotes
Crossover wrote:
Jul 20th, 2017 10:02 pm
10 months, how about yours (assuming you're asking because you're also Newmarket court)?



Thanks for the help.

Is it likely that they won't respond to my request if I follow ticketcombat.com which says to only put the address so that they mail it instead of having me pick it up? I saw some forum posts via Google claiming that people who did that didn't receive their disclosure. Assuming this happens to me, what will happen if I show up, tell the JP I never received disclosure, the prosecutor says they never received it, then I show fax confirmation of the requests? Will they throw out the case or provide me with disclosure and make me come back? I really, really want to avoid going to court more than once because it's already going to be very tough to get off work for one day, let alone two.

On that note, what happens if I can't attend the court date due to work? Can I request that they move it?
I actually just submitted a request for a court date at the RHill location on High Tech... Was curious to see how long the court dates were being pushed out.. sorry lol

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