Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
sosyed wrote:
Sep 6th, 2017 6:02 pm
Never showed up in the court system, wasn't on the docket, and was never called up. Officer never filed. Thanks so much for your help!
Congratulations on the win Smiling Face With Open Mouth
--
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
163 upvotes
Ontario, Canada
Jenuine wrote:
Sep 6th, 2017 6:04 pm
I'm trying to help a friend fight a ticket.

She made a left turn during prohibited time, the sign was not visible. She wrote her councillor and actually got the sign moved to a more visible spot. She plans on using this as evidence during her trial.

I can vaguely recall that in order to introduce her evidence at trial, she needs to inform the prosecutor beforehand that she has evidence, in this case, pictures and a letter. Does anyone know where she can file the evidence? I thought I've seen addresses here but I can't find them anymore. Thanks!
No she does not need to provide anything ahead of time.
--
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
163 upvotes
Ontario, Canada
harith86 wrote:
Sep 6th, 2017 10:07 pm
Great news, the officer didn't show up and the ticket is now dismissed. However, the question still remains, Is the ticket gone forever? Would my insurance company know about it? Any sort of impact at all after the ticket dismissal?

Thanks,
If ticket was dismissed/withdrawn or you were found not guilty, then it is forever gone and will not show up on your record and insurance can not use it against you.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
163 upvotes
Ontario, Canada
xylene567 wrote:
Sep 7th, 2017 7:45 am
My experience in court

The prosecutor tries to persuade everyone to plead guilty. When one person said "not guilty" he raised his voice and said "you will be paying full fine if we go to trial"( this is not true, because even if you fail in your argument they would reduce the fine or points if you request. So it is worth a shot to go to trial.

Out of 25 people who were there 20 plead guilty and took an offer from the prosecutor. Only five went to trial. Two (including mine was dismissed) because of a technicality. The officer was present, but he said his notes were destroyed. And the prosecutor decided not to pursue
Congratualtions on the win!

As far as prosecutor saying "you will be paying full fine if we go to trial" what they mean is that if your speeding ticket was reduced by officer at roadside, then if you go to trial and lose, it will be raised back up to the original higher speed. If the speeding ticket was not reduced by officer then they can not raise it higher and you have nothing to lose by going to trial. Only if it was reduced can they raise it back up, so depending on the reduction the officer gave you, it may not be worth fighting and losing.
--
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
May 24, 2008
82 posts
28 upvotes
Mississauga
Hi I received a ticket for follow too close after an accident and request for early resolution. Just received a letter stating that the provincial court refusing and voiding the ticket as the police officer filed outside of 7 days. And that the officer may reserve the offence notice at later date. What does that mean? Is that mean my ticket is voided ( unless the officer decide to file again?)
Newbie
Sep 10, 2014
19 posts
4 upvotes
Toronto, ON
ShrekTek wrote:
Sep 7th, 2017 8:28 am
Congratualtions on the win!

As far as prosecutor saying "you will be paying full fine if we go to trial" what they mean is that if your speeding ticket was reduced by officer at roadside, then if you go to trial and lose, it will be raised back up to the original higher speed. If the speeding ticket was not reduced by officer then they can not raise it higher and you have nothing to lose by going to trial. Only if it was reduced can they raise it back up, so depending on the reduction the officer gave you, it may not be worth fighting and losing.
Thank you. :)
One more thing I noticed (which was already mentioned by many folks in this thread) is that there were only three policemen present and I noticed in the list that 25 cases were all assigned to these three policemen. Which reitrates the fact that they get the court date with all their cases on a single day and it is very unlikely that they would miss this date !
So the chances of policemen not showing up is very RARE !

Also paralegals/lawyers did not go to trial and just went for an early resolution ! So it is better to fight on your own taking a day off and save that $500 and get a reduced fine.

Your only chance is if they don't have evidence (no notes or other technicalities).
Member
Mar 13, 2017
219 posts
114 upvotes
A couple months ago I got a ticket from Impark. I woke up late one day from a friend's Airbnb and missed the ticket deadline by 10 minutes.

I ignored it as it's a private company but they've sent it to collections. I got a letter from Tacit Collections saying that I owe a debt.

Does the same advice still apply? Can I just ignor e it or will it damage my credit rating?
Newbie
May 7, 2017
8 posts
ShrekTek wrote:
Aug 10th, 2017 9:52 am
So in order for anything you said to be used at the trial (make sure you object if they try to use any of it), the prosecution would have to ask for a voir dire, which is a mini trial where they will specifically look at the situation in which you gave your statements. In this case, everything you said above is good to prove that you thought you HAD to answer his questions and that you did not volunteer the information.

At the summons date you can try to get the prosecutor to drop the charges by telling them that they can not prove who was driving at the time. You can say that you did not admit to being the driver, and that you are under no obligation to tell them who was driving at the time, and that if they can not identify the driver then the charges must all be dropped. Remember that you do NOT have to answer ANY questions the prosecutor or officer ask you about the incident.

If they can not prove who the driver was, then NO they can not charge the owner. All these charges are against the DRIVER and I do not see any variations on them that allow them to charge the owner at all anyways. If you read each of the charges, it does say specifically DRIVER or OPERATOR and says nothing about OWNERS, so all these charges are against the DRIVER.

I would not worry about the photographs at all at the summons date until you get to a trial date, at which time you could then try to get them thrown out. The only issue you want to talk about is the DRIVER issue... the prosecutor may not agree to withdraw charges as they may think that they can use your statements at trial, but that is okay just say "Ok so I plan to plead Not Guilty then and would like a trial date and here is my disclosure request."

And remember, even it goes to trial, the witness themselves needs to show up to testify otherwise the charges need to be dropped. The witness and officer do NOT need to be at the Summons date though, so you will not see them there.
Hey shrek.
I went to my summons date today. So, i received a disclosure package with photographs and police officers notes.
I spoke to the prosecutor and she agreed that since they driver cannot be identified, all charges will be withdrawn. And to just wait in the court until my name is called (All good right ?) BUTTT, when they called my name, a different prosecutor asked me to introduce myself and she had no idea when i mentioned that it was communicated to me by another prosecutor that the charges were going to be withdrawn.
The prosecutor looked through her notes and acknowledged there were some notes on her file, read them and claimed she needed to investigate further.
And with some friction, they set another date.
-I have a disclosure package with me right now.

Wtf is going on ?
-I then asked the prosecutor's students wtf is going on, she went to find the 1st girl who made the deal with me, and by the time she came; the other prosecutor had left with my file.
Anyhow, I have submitted my new disclosure request - asking for video evidence - b/c it wasn't in the package, and model number, SN, name of dashcam .etc just as due diligence.

Can you please help.
Jr. Member
Dec 25, 2006
160 posts
14 upvotes
Hi folks. I need your advice on my case. Long post incoming so be warned. Will try to summarize as best as possible.

Incident Details:
- March 2017. Ticketed for distracted driving with cell phone charge in Brampton.
- I had just left home in the morning time and got on the main road nearby. There are always cops posted here (I know since I see them every single day). Hence, I am always extra careful here to make sure I am driving according to rules. This day was no exception.
- My mother was with me in the car sitting in the front passenger seat. We were en route to a hospital. I was tinkering with the car’s navigation system to find the fastest route to the hospital. My mother was doing the same by pulling the route on Google Maps on her phone. Once she found it, she pointed her phone in my direction. Note that I did not touch her phone nor held it. I simply looked at it.
- During this occurrence, cherries go off behind me and I get pulled over. The police officer claimed that I was holding the phone myself and using it while driving. I attempted to argue roadside but the officer was having none of it. The police officer did see the phone in the car although at that point Ultimately, I took the ticket and moved on.

Now, I opted to fight this ticket. As per the tips on this forum, I took my own notes to refer to during the trial. I also applied for disclosure using the standard request form. I recently got a my disclosure back. Keep in mind, I requested for typed copy of notes but got back written scribbles back. I can make out most of the notes. My court date is a little over a month away. Below is the disclosure, almost verbatim.

Disclosure:
Black Merc. Lane 2 center S/B. Male driver at red light. Roll up in lane 3 directly beside black Merc. Male has white phone with black case in his right hand by center console using his thumb to scroll phone. Light turns green. Vehicle in front proceeds. Black vehicle still stopped for approx. 2 seconds then proceeds. Front passenger – poss R/O. Explain PON.

I am not sure what the last couple of words mean. The rest is straightforward.

Defense:
Now, for my defense. I read the tips on the forum and the goal of is to cast reasonable doubt. I am assuming that my defense has to be based on the officer’s notes completely.

Although, my version of events is a bit different. The police officer was never beside me as per his notes. He pulled out from his normal hiding spot and came up behind me. He did not get a side view. His only view was either from behind or from the side while I drove past him (they are usually hiding perpendicular to the road).

Anyways, the key points to my defense are as follows:
- Bring officer on stand
- Question officer on weather of that day. It was actually a gloomy rainy day. Will pull an official weather statement online and take as evidence.
- Question officer on tints of vehicles. My car comes with standard tints from the dealer (well most models do these days). Although it does not alter views, it does strain visibility by a little bit. Will take pictures and bring as evidence.
- Combining these facts (gloomy weather and tints), play with words and cast doubt on fact that officer may have seen the phone but not in the driver’s hand, the passenger’s hand.
- Bring mother on stand to testify as witness. Ask her the version of events which would be similar to the Incident Details on the top of the post.
- Close with summarizing all evidence and confirming doubt on the charge

And that’s it? What are your thoughts? Feedback? A few pending questions:
- Should I question the officer’s notes in that he was never beside me? He was perpendicular? How could he have even seen me holding a phone as I drove by on 60km/hr.
- Should I proceed to court hoping that cop will not show? If he does, I can claim that the notes were not typed and I could not read them and could not prepare for trial. Hope to move the date and hope that cop does not show second time around?
- Is there a process for me to provide disclosure to the prosecutor for my evidence (weather statement, car tint pictures, witness name)?

Appreciate the feedback in advance.
Temp. Banned
Apr 15, 2011
3146 posts
358 upvotes
Scarborough
Hey, I made a thread because I didn't see this one. I got a parking ticket for $60 because I parked in front of mcdonalds near yonge and dudas during prohibited hours. It was an emergency bathroom break, I came back in 3 mins and got a ticket in that short timespan. I also didn't notice any sign but I admit that I didn't really look hard enough.

How can I fight this ticket?
Newbie
Jun 10, 2017
4 posts
1 upvote
Hi,

I got a ticket for parking within 3 meters from the intersection. I have it reviewed through online (Winnipeg Parking Authority site) on Aug 13. In the email response, it said a screening office will be in contact with me within 15 business days after the day I submitted my request. however, they didn't get back to me until Sept 8 telling me that I will have to pay the full price.

could the delay in response be a legit reason to fight the ticket?

Thank you,
JC
Newbie
Mar 14, 2017
34 posts
41 upvotes
What happens if the officer doesn't file the ticket within 7 days? Is there a rule on how many days the officer has to file? What happens if they don't?

I want to register online to meet with prosecutor but toronto.ca/courtcaselookup can't seem to find the case. ("case not found")

Thanks
Newbie
Sep 8, 2017
2 posts
Hey guys, needing help with two tickets I got asap as the trials are on 13/09/17 and 15/09/17. I was pulled over for speeding (50+ over) and the officers decided to let me off of the charges and instead gave me two other tickets, one for blacked out taillights (0 demerits) and another for having a dirty license-plate (0 demerits). I'm wondering if I go to trial can they add the speeding charges ECT... and should I just plea guilty now and pay the $300 combined fine to avoid addition of charges? is this worth fighting?
Deal Addict
User avatar
May 8, 2002
3826 posts
268 upvotes
User869849 wrote:
Sep 9th, 2017 8:31 am
Hey guys, needing help with two tickets I got asap as the trials are on 13/09/17 and 15/09/17. I was pulled over for speeding (50+ over) and the officers decided to let me off of the charges and instead gave me two other tickets, one for blacked out taillights (0 demerits) and another for having a dirty license-plate (0 demerits). I'm wondering if I go to trial can they add the speeding charges ECT... and should I just plea guilty now and pay the $300 combined fine to avoid addition of charges? is this worth fighting?
They can't add the speeding charges after the fact, don't worry about that. Those kind of charges are pretty hard to fight, they either were or they weren't, unless the officer did something wrong
Newbie
Sep 8, 2017
2 posts
joshmxpx wrote:
Sep 9th, 2017 9:50 am
They can't add the speeding charges after the fact, don't worry about that. Those kind of charges are pretty hard to fight, they either were or they weren't, unless the officer did something wrong
Perfect, thank you! Would it even be worth going or should I just go in on Monday and cancel? Any chance they would reduce the price / throw one out?

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