Automotive

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

Newbie
Aug 31, 2017
10 posts
3 upvotes
On Friday August 31, 2017 the first day the of Labour Day long weekend, I was driving on a city street. At approximately 1:30 pm I was stopped at a red light. My cell phone was beside me on the passenger side seat and notified me that a text message had come through at 1:36 pm. I looked at the phone, but did NOT pick it up. I then noticed flashing lights in my rearview mirror. My first reaction was that he was pulling me over and I had know idea why. The light was still red and once it turned green I proceeded to continue down the street turning into the left had turning lane. Pulling over to the right was impossible due the extreme volumes of traffic that was not pulling over either. The cars were continuing to drive by. There was no way that I could have safely crossed into the right lane. Hence my decision to move into the centre lane and make the first left into a parking lot. I still had no idea what he was pulling me over for. He got out of his car, and told me that he saw me using my cell phone. I told him I was not using my cell phone, that I had briefly looked over at it. At no point did I pick that phone up. He asked for my driver’s licence and insurance and then asked me if my sunglasses were prescription. I told him no, I wore contact lenses. He asked me to stare at him while he looked at my eyes and he was about to tell me that I was not wearing contact lenses, but then changed his mind. He never once mentioned the “illegal” left hand turn until he returned from his vehicle. He then promptly informed me that I had turned left illegally and that I should have turned right. I told him there was no way I could have done that due to the density and speed of traffic going by, and that no one else was letting me in. I did the next best thing I could do safely. I did yield to an emergency vehicle by pulling into the turning lane. I was very upset by this as I had done my best under very difficult circumstances. He told me if I wanted to fight it in court then that was my best option.
Deal Addict
User avatar
May 8, 2002
3799 posts
252 upvotes
ceemcee wrote:
Sep 2nd, 2017 10:04 pm
On Friday August 31, 2017 the first day the of Labour Day long weekend, I was driving on a city street. At approximately 1:30 pm I was stopped at a red light. My cell phone was beside me on the passenger side seat and notified me that a text message had come through at 1:36 pm. I looked at the phone, but did NOT pick it up. I then noticed flashing lights in my rearview mirror. My first reaction was that he was pulling me over and I had know idea why. The light was still red and once it turned green I proceeded to continue down the street turning into the left had turning lane. Pulling over to the right was impossible due the extreme volumes of traffic that was not pulling over either. The cars were continuing to drive by. There was no way that I could have safely crossed into the right lane. Hence my decision to move into the centre lane and make the first left into a parking lot. I still had no idea what he was pulling me over for. He got out of his car, and told me that he saw me using my cell phone. I told him I was not using my cell phone, that I had briefly looked over at it. At no point did I pick that phone up. He asked for my driver’s licence and insurance and then asked me if my sunglasses were prescription. I told him no, I wore contact lenses. He asked me to stare at him while he looked at my eyes and he was about to tell me that I was not wearing contact lenses, but then changed his mind. He never once mentioned the “illegal” left hand turn until he returned from his vehicle. He then promptly informed me that I had turned left illegally and that I should have turned right. I told him there was no way I could have done that due to the density and speed of traffic going by, and that no one else was letting me in. I did the next best thing I could do safely. I did yield to an emergency vehicle by pulling into the turning lane. I was very upset by this as I had done my best under very difficult circumstances. He told me if I wanted to fight it in court then that was my best option.
How do you know what he was about to tell you??

Also, what did he actually issue you?

You are NEVER supposed to turn left when an emergency vehicle is behind you, better to just stop. Emergency vehicles will travel to the left of vehicles generally, hence you should not turn left into their path
Newbie
Aug 31, 2017
10 posts
3 upvotes
I know he had probably seen me look over at my cell phone. He issued me a Drive - hand held communication device and a Fail to stop on right for emergency. AS I explained in my post, to turn right was unsafe, due to no one else pulling over, high traffic volume, speed, etc. Once again, I am looking for advice, not what I should or shouldn't have done. That is irrelevant at this point.
Sr. Member
Jun 15, 2017
539 posts
121 upvotes
Ontario, Canada
ceemcee wrote:
Sep 2nd, 2017 10:04 pm
On Friday August 31, 2017 the first day the of Labour Day long weekend, I was driving on a city street. At approximately 1:30 pm I was stopped at a red light. My cell phone was beside me on the passenger side seat and notified me that a text message had come through at 1:36 pm. I looked at the phone, but did NOT pick it up. I then noticed flashing lights in my rearview mirror. My first reaction was that he was pulling me over and I had know idea why. The light was still red and once it turned green I proceeded to continue down the street turning into the left had turning lane. Pulling over to the right was impossible due the extreme volumes of traffic that was not pulling over either. The cars were continuing to drive by. There was no way that I could have safely crossed into the right lane. Hence my decision to move into the centre lane and make the first left into a parking lot. I still had no idea what he was pulling me over for. He got out of his car, and told me that he saw me using my cell phone. I told him I was not using my cell phone, that I had briefly looked over at it. At no point did I pick that phone up. He asked for my driver’s licence and insurance and then asked me if my sunglasses were prescription. I told him no, I wore contact lenses. He asked me to stare at him while he looked at my eyes and he was about to tell me that I was not wearing contact lenses, but then changed his mind. He never once mentioned the “illegal” left hand turn until he returned from his vehicle. He then promptly informed me that I had turned left illegally and that I should have turned right. I told him there was no way I could have done that due to the density and speed of traffic going by, and that no one else was letting me in. I did the next best thing I could do safely. I did yield to an emergency vehicle by pulling into the turning lane. I was very upset by this as I had done my best under very difficult circumstances. He told me if I wanted to fight it in court then that was my best option.
Plead NOT GUILTY to both tickets and request a trial with the officer present. Once you get your Notice of Trial with the trial dates, you can then request disclosure (copy of officers notes). Once you get those notes, post them here. You can not decide how to proceed until you have seen the notes. You have nothing to lose by doing this because you can just pay the tickets anytime up to the trial date without issue, but it is your right to see the disclosure so you might as well ask for it and review before you decide what to do.
--
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
Apr 18, 2017
161 posts
72 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.
Member
Nov 6, 2015
315 posts
384 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.
Jr. Member
Apr 18, 2017
161 posts
72 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
2397 posts
978 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
14422 posts
4831 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.
Sr. Member
Jun 15, 2017
539 posts
121 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
Sr. Member
Jun 15, 2017
539 posts
121 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
Member
Nov 6, 2015
315 posts
384 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 :)

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