Automotive

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

Newbie
Apr 18, 2017
72 posts
45 upvotes
ceemcee wrote:
Sep 1st, 2017 9:29 pm
..... Told me I should know that at all times when there is a first responder vehicle flashing light you always have to pull over to the right....

True, however he was not acting as a first responder vehicle and the stop was not time critical, and this was at an intersection.
From the MTO driver handbook,

Police or other enforcement officers may require you to pull over and bring your vehicle to an immediate stop. Typically, the officer may signal this requirement by driving their vehicle with its emergency lights flashing and/or siren on behind your vehicle or by using hand gestures from the side of the road. When stopping your vehicle, follow the previous procedures, except that you should bring your vehicle to a stop outside of traffic lanes and onto the shoulder of the roadway where possible, or turn and stop on a side street with less traffic if in the immediate vicinity. If the officer gives direction as to where to stop, follow the officer’s directions.

You should definitely fight that ticket.
You acted in the best interest for both your safety and the safety of the officer.

Note, about the requirement to turn right if he was acting as a first responder. The requirement at an intersection is to abandon the turn, proceed straight and then pull over to the right as soon as safe to do so.
Jr. Member
Nov 6, 2015
105 posts
179 upvotes
Oakville
Good morning all!

I got caught in a speedtrap in downtown Toronto (Bathurst St) in March 2017. The cop was standing by the side of the road waving down cars to pull over, and I must have been part of a group of 5-7 cars all flagged at the same time.

Long story short, I waited about 10 minutes for the cop to get to me after he ticketed a couple of the other drivers, and with minimal interaction, got a ticket for 15 km/h over in a 50 zone (reduced by the officer from 69 he said he clocked me at). So, a $52 fine and no demerits. This is my first speeding ticket.

So after doing some research and browsing this forum, I requested a trial and disclosure and my trial date is set for November 2017. I haven't yet received any communications regarding the disclosure, nor have I followed up for it.

My main objective in doing so was to delay having the conviction appear on my record until I renewed my insurance policy in June 2017, which has been done.

Now, as I understand it, the chances of having the charge dropped are slim to none since there isn't a lower offence they could offer, and I'm just left with hoping that the officer doesn't show up. Also, I run the risk of having the speed increased to the original 69 km/h.

I'm considering just paying the ticket now and hoping my insurance doesn't go up next year for a minor conviction. Can I just pay it online and be done with it? Or do I have to contact the court again since I asked for a trial?

I would appreciate any insight on how to proceed from here.

Thanks!
Newbie
Aug 31, 2017
10 posts
3 upvotes
Thank you very much for this information. You have been very helpful. I will add this to all my notes, I am going to see a paralegal this week and hope that I can beat this charge. Not so sure about the other one. But I'll give it my best. Hope you enjoy whats left of the long weekend. Thanks again.
Newbie
Apr 18, 2017
72 posts
45 upvotes
Best of luck.
If the cop told you to go to court, I'm thinking he knows this.
If so, then it's worrisome to me that he would write the ticket for turning in the first place. It's not doing you a favor to tell you to go to court. They get paid the same to be in court, win or lose.

Edit, I am making the assumption this happened in Ontario.
Last edited by qman23 on Sep 3rd, 2017 11:45 am, edited 2 times in total.
Deal Addict
Aug 19, 2013
2386 posts
965 upvotes
If you were looking at your phone the ticket for that is totally justified. You were distracted and now paying attention to things around you. You aren't likely to beat that one especially because you admitted to doing it.

The turn thing? You should be able to get that dropped.
Deal Guru
Aug 2, 2001
13862 posts
4422 upvotes
ceemcee wrote:
Sep 2nd, 2017 9:56 pm
Wow, take a chill pill brother. You are more stressed out about this than I am...
Someone has to be upset with people that insist on using their phone while driving. The problem is really that you don't see the issue with your distracted driving, which is truly scary.
Newbie
Aug 31, 2017
10 posts
3 upvotes
Will you just get a life...you are the scary one. Stalker come to mind? You have now been blocked and have been reported. Leave me alone.
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
arvind84 wrote:
Sep 3rd, 2017 11:00 am
Good morning all!

I got caught in a speedtrap in downtown Toronto (Bathurst St) in March 2017. The cop was standing by the side of the road waving down cars to pull over, and I must have been part of a group of 5-7 cars all flagged at the same time.

Long story short, I waited about 10 minutes for the cop to get to me after he ticketed a couple of the other drivers, and with minimal interaction, got a ticket for 15 km/h over in a 50 zone (reduced by the officer from 69 he said he clocked me at). So, a $52 fine and no demerits. This is my first speeding ticket.

So after doing some research and browsing this forum, I requested a trial and disclosure and my trial date is set for November 2017. I haven't yet received any communications regarding the disclosure, nor have I followed up for it.

My main objective in doing so was to delay having the conviction appear on my record until I renewed my insurance policy in June 2017, which has been done.

Now, as I understand it, the chances of having the charge dropped are slim to none since there isn't a lower offence they could offer, and I'm just left with hoping that the officer doesn't show up. Also, I run the risk of having the speed increased to the original 69 km/h.

I'm considering just paying the ticket now and hoping my insurance doesn't go up next year for a minor conviction. Can I just pay it online and be done with it? Or do I have to contact the court again since I asked for a trial?

I would appreciate any insight on how to proceed from here.

Thanks!
Wait until you get disclosure before you decide to pay it. Reading the officers notes are important to see what they said.

They can only increase the speed back up the higher speed if ALL of the following things occur:
- The prosecutor must advise you before the trial starts that they will seeking an amendment to the higher speed.
- You show up for your trial date and plead Not Guilty at the trial when it starts.
- The officer gets on the witness stand and testifies to the higher speed.

Notice I said ALL those things must occur. This means you can still show up for your trial date and if you decide to plead guilty at the trial, they can NOT raise it up.

Anyways wait for the disclosure and see what the notes say.
--
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
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
Momof3cuties wrote:
Sep 3rd, 2017 12:17 pm
If you were looking at your phone the ticket for that is totally justified. You were distracted and now paying attention to things around you. You aren't likely to beat that one especially because you admitted to doing it.

The turn thing? You should be able to get that dropped.
The ticket is for HOLDING the phone or TOUCHING the phone. There is no ticket for just looking at it. The officers notes will need to say that he saw you holding/touching the phone in order the charge to stick. If the notes say that he saw you looking down but do not mention you holding/touching then the charge is bogus.

And note that you can touch your phone IF it is mounted securely in the vehicle, but only to answer and hangup a call. If it is just lying in the cupholder or seat then you can not even touch 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
Jr. Member
Nov 6, 2015
105 posts
179 upvotes
Oakville
Thanks ShrekTek, i will follow up for disclosure and take it from there.

My main concern was that they would increase the speed, but since I retain the option to plead guilty and pay it, I guess I have nothing to lose by proceeding to trial.

Much appreciated :)
Newbie
Jul 18, 2007
93 posts
6 upvotes
My gf received a speeding ticket for 135km in a 100km zone on the 401 highway near Belleville, On.
The ticket refers to S128 of THE HIGHWAY TRARFIC ACT....the OPP officer wrote TRARFIC instead of TRAFFIC. It is a clear mistake, and I noticed it immediately, when reviewing the info that he entered.
Is this valid reason to have the ticket dismissed and voided ? As She lives in Toronto and the court house is in Napanee, 220 kms away,
can I plead not guilty by mail and at the same time ask them to dismiss the ticket for the reasons listed above ? As I have to return the ticket ,mail it to them if I plead not guilty,
I am worried that it will be lost and thus no proof of the spelling error, that I hope will void the ticket.
Deal Addict
User avatar
Mar 23, 2008
4070 posts
1836 upvotes
Edmonton
jm99jm wrote:
Sep 4th, 2017 1:32 am
My gf received a speeding ticket for 135km in a 100km zone on the 401 highway near Belleville, On.
The ticket refers to S128 of THE HIGHWAY TRARFIC ACT....the OPP officer wrote TRARFIC instead of TRAFFIC. It is a clear mistake, and I noticed it immediately, when reviewing the info that he entered.
Is this valid reason to have the ticket dismissed and voided ? As She lives in Toronto and the court house is in Napanee, 220 kms away,
can I plead not guilty by mail and at the same time ask them to dismiss the ticket for the reasons listed above ? As I have to return the ticket ,mail it to them if I plead not guilty,
I am worried that it will be lost and thus no proof of the spelling error, that I hope will void the ticket.
You're dreaming. You'll need to come up with a much better defence than that.

C
Jr. Member
Jun 15, 2017
162 posts
39 upvotes
Ontario, Canada
jm99jm wrote:
Sep 4th, 2017 1:32 am
My gf received a speeding ticket for 135km in a 100km zone on the 401 highway near Belleville, On.
The ticket refers to S128 of THE HIGHWAY TRARFIC ACT....the OPP officer wrote TRARFIC instead of TRAFFIC. It is a clear mistake, and I noticed it immediately, when reviewing the info that he entered.
Is this valid reason to have the ticket dismissed and voided ? As She lives in Toronto and the court house is in Napanee, 220 kms away,
can I plead not guilty by mail and at the same time ask them to dismiss the ticket for the reasons listed above ? As I have to return the ticket ,mail it to them if I plead not guilty,
I am worried that it will be lost and thus no proof of the spelling error, that I hope will void the ticket.
Scan it and keep a copy for yourself before you send it.

Spelling mistakes are not a fatal errors and will not get ticket dismissed.
--
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
Feb 23, 2017
51 posts
4 upvotes
Oakville
Hello,

I got a speeding ticket 10Kmh over limit (60 in 50Kmh zone) back in June. That was in Mississauga, ON,, my actual speed was about 68 and reduced to 60 by the officer. The officer told me as my record is totally clean, that is why he reduced it.

Right before I got caught, I was driving and approaching traffic lights, there was a car right behind me, traffic lights went amber, and I was having the cruise ON when I was driving 50Kmh, it was a downhill road so I turned off the cruise to pass the amber light, and also the car behind me was so close as they wanted to pass the amber as well, so I didn't hit the brakes to slow it down (as speed increased on downhill) in order to avoid any accident that could have happened when the car was behind me.

I took the ticket to court, the trial is on Sep 6th, the officer told me that they were trying to control speeding vehicles as they received complaints from the community about speeding vehicles in that zone.

At the court, I will say I plead not guilty, and I know that I was going over the speed, but I only did that for safety to avoid any sort of accident.

I'd like to know if my reason of speeding is valid and could be considered to not plead guilty.

Thank you,

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