Automotive

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

Newbie
Aug 7, 2017
24 posts
10 upvotes
ShrekTek wrote: 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?
My husband was speeding at 80 instead of 65. No, we are not planning on a lawyer. Just pleading guilty by mail is what we are planning to do. There are 2 lines to write an explantion about why speeding. Can you tell me what to write? What do you think will be the fine? Do you think I should attach my clean driving record in Ontario to them, with the letter.
Newbie
May 7, 2017
10 posts
ShrekTek wrote: 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."


Hey Shrek. Thank you so much for your response!
I have started drafting disclosures - and I have a few questions:
1.Should it be three different disclosure requests because I have 3 different Notices; each for a different alleged "offense"?
2.I do not have any information about the Prosecution's office - How do i input their address ? (I just have the court address I have to show up at.)
3.Phone number - shall I put in my phone number in my contact info ? I know in the past the prosecution was responsible to mailing the defendant to inform the disclosure was ready if there was no phone number, and we would be able to 11b the whole thing if they didn't mail it in on time or got lazy. Whose responsibility does this fall under as of now ?
-
The by-law 886-10A is a City of Toronto, i believe.
Although, I did provide a statement - I never acknowledged who was actually riding at the time.
To his question, "who rides the motorcycle?"; I answered "Just me in my home." - Which I believe leaves lots of possibilities of sharing the motorcycle with anyone who does not live in my home. i.e. riding buddies, friends.etc etc. Is that enough of a legal loophole that they cannot prove who was actually riding at the time ?
Yes, the pictures show the rider is wearing a helmet, so that cannot identify who is riding the motorcycle at that instant.

Thanks for your help.
Looking forward to read your response.
Newbie
Jun 27, 2017
26 posts
13 upvotes
Hi
Received a ticket for doing my civic duty and warning others about a hidden police speed trap. I received a "Prohibited use of Highbeam Headlights" and I was told by few people to fight it because it doesnt hold ground in court. Any tips on how to fight this ticket

Thanks
Deal Guru
User avatar
Jul 12, 2003
10609 posts
2925 upvotes
Toronto
First of all, why your high beams are On.
honestly....
Retired Forum Moderator February 2009 - June 2015
Deal Addict
Jul 21, 2005
1495 posts
593 upvotes
Mahzooz wrote: Hi
Received a ticket for doing my civic duty and warning others about a hidden police speed trap.
Thanks
Pretty sure in Canada that's illegal. I know it's very common in Europe.
Deal Addict
Aug 1, 2006
1484 posts
739 upvotes
Toronto
eblend wrote: Pretty sure in Canada that's illegal. I know it's very common in Europe.
Nope.
Traffic tickets are issued at police discretion. However, interpretation of the law is up to the courts.

In past, my colleague Jim Kenzie and myself took police to task for improperly ticketing drivers who flashed their headlights in daytime to warn oncoming drivers that they were approaching a speed trap.

The courts ruled this specific action was not illegal and that charges under section 162(2) HTA, which prohibits alternating high-beams on vehicles other than emergency vehicles, did not apply. All outstanding charges were tossed and police no longer issue such tickets at the direction of the Solicitor General.
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Deal Guru
User avatar
Mar 9, 2007
12021 posts
6889 upvotes
Think of the Childre…
2 things I hate, people with no lights driving at night and people with highbeams on at night. Don't you see you are blinding oncoming cars on the road which can be dangerous.
Mahzooz wrote: Hi
Received a ticket for doing my civic duty and warning others about a hidden police speed trap. I received a "Prohibited use of Highbeam Headlights" and I was told by few people to fight it because it doesnt hold ground in court. Any tips on how to fight this ticket

Thanks

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Fanatic
Nov 22, 2015
5292 posts
4541 upvotes
Mahzooz wrote: Hi
Received a ticket for doing my civic duty and warning others about a hidden police speed trap. I received a "Prohibited use of Highbeam Headlights" and I was told by few people to fight it because it doesnt hold ground in court. Any tips on how to fight this ticket

Thanks
Illegal or not, it's pretty stupid to flash your highbeams like that.... and I definitely wouldn't do it to warn others of a speed trap when there's a cop in plain sight.
Last edited by superfresh89 on Aug 9th, 2017 2:23 pm, edited 1 time in total.
Deal Fanatic
User avatar
Dec 11, 2004
8964 posts
1872 upvotes
Montreal, QC
I would flash peoples if they had their high beams on or or if they don't have any lights on at night but if someone is speeding and crossing a speed trap, hell with him.
Newbie
Jun 27, 2017
26 posts
13 upvotes
Cheapo-Findo wrote: 2 things I hate, people with no lights driving at night and people with highbeams on at night. Don't you see you are blinding oncoming cars on the road which can be dangerous.
First of all my headlights weren't on. Second, it was around noon so broad day light. I was warning drivers on the other side about the speed trap in broad day light.
I know that police officers dont have ground to prove it in court but I wanted help on how to fight it and what exactly to say to the Judge when I go to court
Sr. Member
Nov 11, 2013
514 posts
450 upvotes
Calgary
I don't know why people warn others of speed traps. Don't speed and you won't get a ticket. I hope this ticket sticks and the OP fined
Deal Fanatic
User avatar
Mar 17, 2006
6703 posts
5498 upvotes
North York
Mahzooz wrote: Hi
Received a ticket for doing my civic duty and warning others about a hidden police speed trap. I received a "Prohibited use of Highbeam Headlights" and I was told by few people to fight it because it doesnt hold ground in court. Any tips on how to fight this ticket

Thanks
YOUR CIVIC DUTY is to warn speeders?

Seriously?

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