Automotive

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

Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
maxsaif wrote:
Aug 7th, 2017 1:26 am
Hello.
I ride a Motorcycle. A few days ago cops showed up to my home and I wasn't there.
The door was unlocked and they opened my main door and kept yelling. -> Eventhough they did not have a warrant or anything. (it this violating my Freedom ?).
They received my phone number from my mom, and later called me.

I had to meet the cop at the station, and apparently the offense had occurred 2 months ago. The civilian witness complained about it, and submitted photographs from his dashcam as evidence. The cop showed me the 3 photographs from the dash-cam video that belonged to the witness. The cop claimed the witness NO LONGER has the video, because it was not "saved". So all they have is witness testimony and 3-pictures for the 3 charges.

I received 3 summons (due to >1month delay from date of offense).
1.Failing to stop at Red light 144(18) -> You can clearly see the motorcycle fully turned right at a Red Light. It Does not prove the bike did not stop at the light.
2.Failing to yield to pedestrian on a cross-walk (140)(1)(c)
3.Riding in the bicycle lane (Bylaw 886-10A)
--
He showed me the 3 pictures briefly and placed these summon charges. He said if the witness doesn't show up at the Trial, it will get thrown out.

To proceed, I plan to go to the Summon date and request Disclosure before proceeding further.
Will I have to plead on the same date ?

Should I request full disclosure before proceeding further or plead "Not Guilty" and get a trial date when I show up at the Summons ?
How easy is it to fight the charges based on the fact they cannot 100% place me as the rider of the motorcycle, and it is considered heresay evidence as it's coming from a civilian witness ?
Your summons date is NOT a trial date.

You will have the following options:
(1) Plead guilty to the charges (not recommended)
(2) Request disclosure (officers notes/reports, witness statements/reports, copies of photographs, copy of dashcam video, and proof of driver identification) and ask for a trial date to be set (highly recommended).

And I suggest you prepare a written request for disclosure to give to the prosecutor that specifically asks for the items I mentioned above.

OTHER QUESTIONS...

Is bylaw 886-10A a City of Toronto bylaw?

How do you know officer opened door and yelled inside your house if you were not home? Technically they are not allowed to do that, but that has nothing to do with these charges, so you would have to launch a seperate civil suit against the officer with regards to this.

Did you answer questions and incriminate yourself when you met with police? You know that you have the RIGHT to not answer any questions! If they can not identify the driver then they can only charge the OWNER. IF the charges are against the owner, then they do not carry any demerits and they do not affect your insurance. Did you admit to driving? You should NEVER lie to police and say you were not driving when you were, but you have the right to just say NO COMMENT to any questions they ask (Officer: Were you driving? You: No comment), and they can not use your failure to answer questions against you to prove guilt.

If you did not admit to being the driver, did you have a helmet on making it almost impossible to identify the driver?

If you did not admit to being the driver, then remember that you do NOT have to admit to being the driver and you do NOT have to tell them who was driving at the time. There is one exception to this... if you take the witness stand to testify, in which case you would have to answer any questions they ask you. But you have the right NOT to testify against yourself, so you should NOT take the witness stand and you should NOT testify and that way they have no proof of who was driving.

144(18), 140(1)(c) and the bylaw are all charges against the driver/operator, so if they can not identify the driver then the charges must be dropped.

So just remember at the summons date or any court date or any interaction with police or prosecutor, do NOT admit to driving and do NOT tell them who was driving. They might try and trick you into answering with a question like "well if you weren't driving, then why don't you want to tell us who was?" but the proper response is "Sorry, but I do not have to answer that, and it is your job to prove who was driving, not mine."
Last edited by ShrekTek on Aug 8th, 2017 9:47 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.
--
Deal Fanatic
User avatar
Mar 23, 2008
9841 posts
6197 upvotes
Edmonton
ExPegger204 wrote:
Aug 8th, 2017 6:49 pm
Hello all,

I have a friend who wanted advice. My friend was charged with 94(2) of the Alberta Highway Traffic Safety Act, which is Driving while Suspended, so it's not a criminal charge. He received a DUI in 2016, and was suspended for one year. He took his chances and was pulled over. Now he must go to court to face the ticket. He is looking at a penalty of up to $2000 and an additional 6 month suspension, plus higher insurance premiums. The officer who pulled him over just towed his vehicle, and did not impound it for 30 days. Is there any way he could plead it down to a lesser charge, and hire a lawyer, or should he just ask the Justice of the Peace for mercy. I've heard fines are usually $500-10000 in Alberta. Thanks for your help.

No offence intended... But why should your "friend" be granted mercy by the courts when he has just thumbed his nose at the pesky legal system that was infringing on his "right" to drive? If your friend is going to try that, he better start working on his storytelling...

He can request disclosure, just like every other ticket in here. See what the notes say, and decide from there whether it's worth it to hire a lawyer or just face the music himself. He's got not much to lose.

C
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Bjnewdriver wrote:
Aug 5th, 2017 8:25 pm
Hello i have to go to court on 17th Aug.
I forgot to renew my licence plate and police gave me ticket after 1.5 months.
He said if I renew it next morning. I might plead not guilty. So I went to service ontario and renew the number plate and plead not guilty.
But I don't know what should I say in court because I really forgot to renew it. 1st time service ontario send me reminder and this time I didnot get reminder and I thought last year I renew it for 2 years.
If you renewed it right away, then take proof of the renewal of sticker to court with you.

The prosecutor MAY offer to withdraw the charge. They are under no obligation to do so, but sometimes with these paperwork issues, if you show that you fixed it right away, they MIGHT let you off. No guarantee, but worht a try. You can try Early Resolution option if it is offered on the ticket, otherwise plead NOT GUILTY and request a trial and then just talk to prosecutor before court starts on your 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.
--
Newbie
Aug 7, 2017
24 posts
10 upvotes
ShrekTek wrote:
Aug 8th, 2017 9:18 pm
Where was the ticket from? Ontario? New York state?
Speeding ticket from From NY state (Hanover court).
Thank you
Newbie
Sep 23, 2013
6 posts
CNeufeld wrote:
Aug 8th, 2017 9:49 pm
No offence intended... But why should your "friend" be granted mercy by the courts when he has just thumbed his nose at the pesky legal system that was infringing on his "right" to drive? If your friend is going to try that, he better start working on his storytelling...

He can request disclosure, just like every other ticket in here. See what the notes say, and decide from there whether it's worth it to hire a lawyer or just face the music himself. He's got not much to lose.

C
Friend was eligible for reinstatement but was lazy, and decided to take chance. Not a smart move. He will ask for disclosure and try to plead down to a lesser charge. If that is an option. However, he is ready to face the music realizing what a mistake he made. He was wondering what fines he would expect to receive since he was told it could be anywhere from $500-2000 and a additional 6 months suspension. Has anyone been through an ordeal like this before? It was not a criminal offense he was charged with, it was 94(2) of the Alberta Traffic Safety Act
Deal Addict
Feb 23, 2015
1907 posts
611 upvotes
Brampton, ON
Hi Everyone,

I posted a month ago or so regarding a speeding ticket I got, I followed the steps in the first post and I asked for disclosure via email as well as fax. I have not received anything via mail/email etc and my trail is this Thursday at 1330.

If I understand correctly, when I go into the court room I will first check to see if the police officer is there, if she is not there I can plead "not guilty" and basically my ticket will be dismissed. Is this correct so far? Is this an automatic "get out of jail" card??

If on the other hand the police officer is there, I will again plead "not guilty" and when the judge or whoever asks me why etc (I assume the judge will ask me why I plead not guilty because he/she wants proof or my defense) this is where I can tell the judge that I asked for disclosure and I was not given it. I will argue that I cannot read the officers writing, therefore, I cannot prepare a defense. This is called a "stay" according to the first post. What happens next is my question. I assume the judge will either dismiss my case or move it to another date. Is this correct?

Thank you!
Deal Addict
Feb 23, 2015
1907 posts
611 upvotes
Brampton, ON
thatsnazzyiphoneguy wrote:
Aug 9th, 2017 12:35 am
can u fight a ticket for masterbating while driving? says its distracted driving
lol, please post the disclosure notes when you get them!
Newbie
Sep 23, 2013
6 posts
thatsnazzyiphoneguy wrote:
Aug 9th, 2017 12:35 am
can u fight a ticket for masterbating while driving? says its distracted driving
As long as the "target" is over the age of consent, you should be fine.
Sr. Member
Mar 25, 2009
796 posts
322 upvotes
Toronto
How can I tell whether or not my ticket comes with demerit points? here is my info :

Offence: Speeding - Community Safety Zone 65 km/h in a 50 km/h zone
Set Fine: $75.00
Total Payable: $95.00

I know that 15 km and under usually does not come with demerit point but I'm confused about the "community safety zone". someone told me those tickets always come with points. is this true? i need to decide if i should fight the ticket or not. thanks
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
kparitala wrote:
Aug 8th, 2017 10:21 pm
Speeding ticket from From NY state (Hanover court).
Thank you
NY state does have a reciprocal agreement with Ontario, so if convicted in NY, it will appear on your Ontario driving record and could cause your insurance to go up.

How much over did they get you at?

Tickets are easier to beat in the USA, but are you willing to travel back and forth to Hanover two or three times to try and fight it yourself, or are you willing to hire a lawyer in NY to fight it for 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.
--
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
flyingnurse wrote:
Aug 9th, 2017 12:47 am
Hi Everyone,

I posted a month ago or so regarding a speeding ticket I got, I followed the steps in the first post and I asked for disclosure via email as well as fax. I have not received anything via mail/email etc and my trail is this Thursday at 1330.

If I understand correctly, when I go into the court room I will first check to see if the police officer is there, if she is not there I can plead "not guilty" and basically my ticket will be dismissed. Is this correct so far? Is this an automatic "get out of jail" card??

If on the other hand the police officer is there, I will again plead "not guilty" and when the judge or whoever asks me why etc (I assume the judge will ask me why I plead not guilty because he/she wants proof or my defense) this is where I can tell the judge that I asked for disclosure and I was not given it. I will argue that I cannot read the officers writing, therefore, I cannot prepare a defense. This is called a "stay" according to the first post. What happens next is my question. I assume the judge will either dismiss my case or move it to another date. Is this correct?

Thank you!
You will not plead not guilty in either scenario... you only plead guilty or not guilty once the trial actually starts. The trial does not start until officer issues and disclosure issue are dealt with first.

Basically if officer is not there you should ask them to withdraw charge ( do not mention you do not have disclosure yet). They may agree or they may try to move it to a new date. You should object if they try to move it, but that may not stop them from doing it.

If the officer is there, then you should ask them to withdraw charge because you did not receive the disclosure you asked for. Most likely in this scenario the JP will tell prosecutor to get you the disclosure and will set a new trial date though as they usually don't drop the charges on the first trial appearance for disclosure issues. Some JP's will tell you to go outside with officer and go thru notes and then come back in for the trial, however you should object to the trial part because even if you go thru the notes with him, you still have not had any time to go over them and properly prepare a defense.
--
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
mcfrugal wrote:
Aug 9th, 2017 8:24 am
How can I tell whether or not my ticket comes with demerit points? here is my info :

Offence: Speeding - Community Safety Zone 65 km/h in a 50 km/h zone
Set Fine: $75.00
Total Payable: $95.00

I know that 15 km and under usually does not come with demerit point but I'm confused about the "community safety zone". someone told me those tickets always come with points. is this true? i need to decide if i should fight the ticket or not. thanks
Remember that demerit points have absolutely nothing to do with insurance. So if you are concerned about insurance increase, then even a 0 demerit charge can cause your insurance to go up.

According to the following page, there are NO demerit associated with that charge though.
https://www.ontario.ca/page/understandi ... rit-points
--
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
Feb 23, 2015
1907 posts
611 upvotes
Brampton, ON
ShrekTek wrote:
Aug 9th, 2017 9:47 am
You will not plead not guilty in either scenario... you only plead guilty or not guilty once the trial actually starts. The trial does not start until officer issues and disclosure issue are dealt with first.

Basically if officer is not there you should ask them to withdraw charge ( do not mention you do not have disclosure yet). They may agree or they may try to move it to a new date. You should object if they try to move it, but that may not stop them from doing it.

If the officer is there, then you should ask them to withdraw charge because you did not receive the disclosure you asked for. Most likely in this scenario the JP will tell prosecutor to get you the disclosure and will set a new trial date though as they usually don't drop the charges on the first trial appearance for disclosure issues. Some JP's will tell you to go outside with officer and go thru notes and then come back in for the trial, however you should object to the trial part because even if you go thru the notes with him, you still have not had any time to go over them and properly prepare a defense.
Thank you for the reply.

If I understand correctly, when I get into the court room the prosecutor will go to each one of us and ask how we plead but this will only happen once police officer and disclosure issues are dealt with first. What do you mean by dealt with? Are you saying the prosecutor will not even ask me how I plead until they figure out where the officer is or why I have not been given disclosure?

Also, you say that I can object to them moving the date. What reason do I give them? I have proof that I will be away from my home for 6 days later this month...just curious as to what reason is acceptable.
Deal Fanatic
Mar 15, 2005
5316 posts
872 upvotes
Question about parking ticket:

Was at a family picnic in Port Credit this weekend. Parking lot was ram jammed but found a place to park along the roads in between plenty of other cars. I got out and walked about 15-20 feet in either direction and there was no signage indicating that I couldn't park there. I came back to my car with a $175 ticket for parking in a fire route. I looked around again and saw no signs, but the streetlight near me had the metal bands where a sign perhaps hung once, but certainly wasn't at the time.

I took photos of the entire area, and even a video of me walking from about 20 feet behind my car to 20 feet in front. I already filed a dispute with Mississauga and was given a data of April 2018. Is this a slam dunk throw out case? I wouldn't have parked there if there was a sign that said fire route but there were legitimately no signs in the area.

(Can upload photos when I get home)

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