Automotive

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

Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca
Sr. Member
Jul 2, 2007
768 posts
21 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).
Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca
Sr. Member
Jul 2, 2007
768 posts
21 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.
Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca
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?
Sr. Member
Jul 2, 2007
768 posts
21 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?
Deal Addict
User avatar
May 8, 2002
3580 posts
135 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
Penalty Box
May 1, 2012
6367 posts
2705 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.
Penalty Box
May 1, 2012
6367 posts
2705 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.
Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca
Deal Addict
Sep 26, 2006
4824 posts
457 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!
Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca
Sr. Member
Dec 1, 2009
752 posts
90 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 ?
Newbie
Jun 15, 2017
66 posts
8 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.
--
ShrekTek.ca

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