Automotive

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

Deal Addict
Feb 23, 2015
1902 posts
600 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
5310 posts
867 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)
Newbie
Aug 7, 2017
24 posts
10 upvotes
ShrekTek wrote:
Aug 9th, 2017 9:29 am
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
8 posts
ShrekTek wrote:
Aug 8th, 2017 9:47 pm
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 Fanatic
User avatar
Jul 12, 2003
9807 posts
2235 upvotes
Markham
First of all, why your high beams are On.
honestly....
Retired Forum Moderator February 2009 - June 2015
Deal Addict
Jul 21, 2005
1379 posts
485 upvotes
Mahzooz wrote:
Aug 9th, 2017 2:01 pm
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
1476 posts
725 upvotes
Toronto
eblend wrote:
Aug 9th, 2017 2:10 pm
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.
Home automation, NOVO (HiFi) Magazine, Google Trusted Photographer, electric vehicles.
Deal Guru
User avatar
Mar 9, 2007
10736 posts
5484 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:
Aug 9th, 2017 2:01 pm
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 Addict
Nov 22, 2015
4327 posts
3428 upvotes
Mahzooz wrote:
Aug 9th, 2017 2:01 pm
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
8608 posts
1661 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:
Aug 9th, 2017 2:21 pm
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

Top

Thread Information

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