Automotive

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

Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
jason.chan07 wrote:
Jul 20th, 2017 9:39 pm
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.
You should call the Provincial Offences officer to confirm what happened, but if you do not show up for early resolution I am 90% sure they will just set a trial date for you. You can meet with the prosecutor on the trial date before court starts and see about plea deal. Although they are not obligated to offer you any kind of deal, if you bring proof of all that paperwork stuff, sometimes they will drop those charges for a guilty plea to the speeding ticket.
--
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
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?
TicketCombat info is old. Since that time, the courts have made decisions which state that it is the defendants responsibility to follow up with prosecution and see if it is ready for pick up or not. The prosecutions only duty is to get it ready. They are not required to call you, they are not required to mail it to you and they are not required to advise you that it is ready. So leaving off phone numbers and mailing addresses will not help you at all. Some locations will contact you and advise it is ready and/or actually mail it or email it to you, but they have no obligation to do so.

At your first trial date, if you have requested disclosure and the prosecution has not got it ready for you, the JP will order prosecution to get if for you and set a new trial date. If at the second trial date they still do not have it ready, then you can most likely get the ticket dropped.

If the prosecution had the disclosure ready, and you did not follow up to see if it was ready for pickup, and you get it on you trial date, you can request a new trial date so you have time to review the disclosure and prepare your defense.

If you can not attend trial date, you should advise the prosecutor and the provincial offences office as soon as possible. They may or may not give you a new date. If they do not give you a new date, you should have somebody go for you with a note explaining that you could not make it because of work, and that you had contacted them trying to get them to change it, and you that you would like a new date set.
--
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
Crossover wrote:
Jul 20th, 2017 10:30 pm
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?
With the new 18 month ceiling, you can still argue that the delay was unreasonable at after 8-10 months, but the onus is on you to prove it.

This thread does a good job of explaining it:
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.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
jeffdude87 wrote:
Jul 21st, 2017 8:11 pm
Notice of moition is august 1st week and trial was suppose to be in 2 nd week augutst
what happens if i dont go to motion date?
if the officer is doing this motion then most likely office will come on trial as well. what should be an ideal way to deal with it and win this ticket.
The officer does not do the motion and will not be there. The prosecutor will do the motion. If you do not show up, then they will assume you agree to it and the new date will be set.
--
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
Apr 6, 2009
22 posts
2 upvotes
Toronto
I got my first speeding ticket today - driving 65km in a 50km zone, it was a country like road on the outskirts of the city. The office said that his radar registered way higher, not sure how much, also, I forgot my drivers license at home (b/c my 2-year old likes to play with my credit cards, so i put away but forgot to put it back in my purse when leaving home today). The officer only gave me 65 in a 50 zone with no penalty for leaving my license at home, because i have a pristine clear driving record and a lot of driving experience.
I am thinking to exercise Option 2 - meet with the prosecutor. I was wondering if it the best option in my case:

- Is the officer who ticketed me will be there?
- Can i make my situation worse in any way, if i go there? Any reasons not to go there?

$50 fine is not my concern, but I am worried about my insurance going up as a result of this ticket. I am with Belair.

Any information is appreciated in advance!
Newbie
Jul 21, 2017
2 posts
Hello all,

I recently got a ticket in Windsor for "failure to stop - Red Light". I was pulled over by an unmarked traffic vehicle and at the time I had no idea why I was being pulled over. I turned left on a stale yellow at a busy intersection...but in his opinion the light turned red while I was in the intersection. He mentioned under different circumstances that I could have killed somebody. I did not argue with the officer and took my ticket and was on my way. I have no idea where he was sitting to witness this as he did not pull me over until several hundred metres down the street I turned left on to. I had originally planned the early resolution option but after reading this forum I think try the case option? I have a clean record of 22 years...and actually thought I was going to get a warning until somebody agitated the guy by yelling at him for where he pulled me over.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
CuteCat wrote:
Jul 22nd, 2017 1:26 pm
I got my first speeding ticket today - driving 65km in a 50km zone, it was a country like road on the outskirts of the city. The office said that his radar registered way higher, not sure how much, also, I forgot my drivers license at home (b/c my 2-year old likes to play with my credit cards, so i put away but forgot to put it back in my purse when leaving home today). The officer only gave me 65 in a 50 zone with no penalty for leaving my license at home, because i have a pristine clear driving record and a lot of driving experience.
I am thinking to exercise Option 2 - meet with the prosecutor. I was wondering if it the best option in my case:

- Is the officer who ticketed me will be there?
- Can i make my situation worse in any way, if i go there? Any reasons not to go there?

$50 fine is not my concern, but I am worried about my insurance going up as a result of this ticket. I am with Belair.

Any information is appreciated in advance!
Early resolution option will most likely be a waste of time since the officer already reduced it to 0 demerits and 15 over, so the prosecutor will not reduce it any further. The only way to beat this ticket (so it does not affect insurance) is to take it trial and win and get it dropped that way. But if you take it trial and lose, they will raise it back up to the higher speed.

You should plead Not Guilty and reqquest a trial with the officer present. Once you get your Notice of Trial, then you request disclosure (copy of officers notes). Once you get the notes, post them back here and we can review them to see if you have a chance to beat it or not. If the notes look good, then you can just pay the ticket anytime before the trial date and there is no concern about it being raised up to the higher speed, so you have nothing to lose by doing this.
--
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
whippersnapple wrote:
Jul 22nd, 2017 4:14 pm
Hello all,

I recently got a ticket in Windsor for "failure to stop - Red Light". I was pulled over by an unmarked traffic vehicle and at the time I had no idea why I was being pulled over. I turned left on a stale yellow at a busy intersection...but in his opinion the light turned red while I was in the intersection. He mentioned under different circumstances that I could have killed somebody. I did not argue with the officer and took my ticket and was on my way. I have no idea where he was sitting to witness this as he did not pull me over until several hundred metres down the street I turned left on to. I had originally planned the early resolution option but after reading this forum I think try the case option? I have a clean record of 22 years...and actually thought I was going to get a warning until somebody agitated the guy by yelling at him for where he pulled me over.
Early resolution is usually a waste of time. You should plead Not Guilty and reqquest a trial with the officer present. Once you get your Notice of Trial, then you request disclosure (copy of officers notes).

If the officers notes say that you were already in the intersection when the light turned from yellow to red, then you can beat this ticket easy. The officer has to show that the light turned red and THEN you crossed the stop line into the intersection. If you were already passed the stop line, then you are not guilty and can beat this. But we need to the officers notes first.

What is the Section number of the charge?
--
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
User avatar
May 8, 2002
4388 posts
708 upvotes
ShrekTek wrote:
Jul 23rd, 2017 1:58 am
Early resolution is usually a waste of time. You should plead Not Guilty and reqquest a trial with the officer present. Once you get your Notice of Trial, then you request disclosure (copy of officers notes).

If the officers notes say that you were already in the intersection when the light turned from yellow to red, then you can beat this ticket easy. The officer has to show that the light turned red and THEN you crossed the stop line into the intersection. If you were already passed the stop line, then you are not guilty and can beat this. But we need to the officers notes first.

What is the Section number of the charge?
If it's true what you allege officer said, then yes you can beat this. Officer should have laid sub 15
(15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution.
Sr. Member
Aug 22, 2010
889 posts
74 upvotes
ShrekTek wrote:
Jul 21st, 2017 8:34 pm
TicketCombat info is old. Since that time, the courts have made decisions which state that it is the defendants responsibility to follow up with prosecution and see if it is ready for pick up or not. The prosecutions only duty is to get it ready. They are not required to call you, they are not required to mail it to you and they are not required to advise you that it is ready. So leaving off phone numbers and mailing addresses will not help you at all. Some locations will contact you and advise it is ready and/or actually mail it or email it to you, but they have no obligation to do so.

At your first trial date, if you have requested disclosure and the prosecution has not got it ready for you, the JP will order prosecution to get if for you and set a new trial date. If at the second trial date they still do not have it ready, then you can most likely get the ticket dropped.

If the prosecution had the disclosure ready, and you did not follow up to see if it was ready for pickup, and you get it on you trial date, you can request a new trial date so you have time to review the disclosure and prepare your defense.

If you can not attend trial date, you should advise the prosecutor and the provincial offences office as soon as possible. They may or may not give you a new date. If they do not give you a new date, you should have somebody go for you with a note explaining that you could not make it because of work, and that you had contacted them trying to get them to change it, and you that you would like a new date set.
Thanks. Can you confirm if anyone is able to pick up disclosure on my behalf? Or am I the only person who is able to?
Newbie
Apr 6, 2009
22 posts
2 upvotes
Toronto
Thank you ShrekTek! Your response is much appreciated!

I was sitting in my car for 1/2 hour waiting for the officer to get back to me, he likely has very detailed notes Disappointed But Relieved Face. But i see your point, if i pay before, there won't be a trial.

I understand how people benefit if the cop does not show up at trial, but it seems like chances of success are slim if he does show up. In my case, if the officer is present, he will tell that i was really driving faster and had no driver's license with me and that he was overall generous. And it looks like a lot of people are charged with less than what they actually did.

Question out of curiosity: are there any fees added to the reduced fine at Early Resolution? I've read here that there are fees added on top of reduced fine making it useless to go for Early Resolution in case of small fines:

https://viewandinsight.blogspot.ca/2015 ... ution.html

Thanks again!
Newbie
Jun 10, 2008
56 posts
2 upvotes
Hey guys,

Looking for some advice from other people that have also had a Handheld communication device ticket.

I was looking at my cell phone at a red light (for GPS instructions). A police car saw me and gave me the ticket.
I'm wondering what the best course of action to do next.


i. I've read that Distract Driving tickets are not usually dismissed as it there is a political motiviation not to do so. I will try anyways; but what were other people's results ?
ii. The ticketing officer had mentioned to do the "meet with prosecutor" option to have the fine reduced; however jsherk's advice in previous posts is to 'request a trial and get officer disclosure notes".
What is the difference and is there a large difference in results ?(e.g. having the fine reduced vs having it dismissed)
iii. Is it worth contacting a legal aid service (whether is it is OTT, XCopper or a general legal aid office) ? From what I can find, using a free legal aid office would be good, but ultimately, I should just fight it myself)


Thanks all in advance!
Deal Addict
User avatar
Dec 11, 2003
1713 posts
518 upvotes
Toronto
I tried to send a fax to request my disclosure to the Markham Road location but kept getting a busy signal (I assume it is a busy signal). How is everybody else requesting for their disclosure? Thanks.
P10 2.4 THz CPU || 8 TB Ram || WD 300 TB HD || Nvidia w/ 32 TB Memory

"You're only as dumb as you look"
Newbie
Jul 23, 2017
1 posts
Speeding Ticket fatal errors?
"At: 6 HIGHWAY NORTH BRUCE PENINSULSA" it was at town of Tobermory, town of North Bruce Peninsula doesn't seem to exist.
no vehicle description on ticket
Thanks!

Top

Thread Information

There are currently 2 users viewing this thread. (0 members and 2 guests)