Automotive

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

Deal Addict
User avatar
Apr 9, 2007
1025 posts
33 upvotes
Hello,

I was caught speeding, and requested for my disclosure... but nowhere in the notes does it mention anything on Radar. Do they need to specifically mention that I was caught on radar?

thx.
Deal Fanatic
User avatar
Feb 11, 2007
6954 posts
5173 upvotes
Oakville
Quick one. Boss was issued a ticket for a ticket that says "unsafe lane change" but the offence says "HTA 142.1" which is 142.1 (1) Every driver of a vehicle in the lane of traffic adjacent to a bus bay shall yield the right of way to the driver of a bus who has indicated his or her intention, as prescribed, to re-enter that lane from the bus bay. 1994, c. 27, s. 138 (12)
There is no bus bay and he says there were no buses nearby.
He says he was in the right lane, there were cars waiting to make a right so he changed to the left before the intersection, going about 15kph. He says he made a safe lane change but I guess he wouldn't be able to dispute the officer's opinion anyway.

Is listing the wrong HTA offence number a valid argument to have the ticket thrown out? Or would the judge still accept it as just a typo?
I told him at the very least he should ask for disclosure to see what the officers notes are.
Thanks.

Alleged location.
https://www.google.ca/maps/@43.6492072, ... 312!8i6656
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
UberN00b wrote:
Sep 11th, 2017 11:24 am
Hello,

I was caught speeding, and requested for my disclosure... but nowhere in the notes does it mention anything on Radar. Do they need to specifically mention that I was caught on radar?

thx.
Can you scan and post the notes (black out officer details and personal details).
--
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
engineered wrote:
Sep 11th, 2017 4:51 pm
Quick one. Boss was issued a ticket for a ticket that says "unsafe lane change" but the offence says "HTA 142.1" which is 142.1 (1) Every driver of a vehicle in the lane of traffic adjacent to a bus bay shall yield the right of way to the driver of a bus who has indicated his or her intention, as prescribed, to re-enter that lane from the bus bay. 1994, c. 27, s. 138 (12)
There is no bus bay and he says there were no buses nearby.
He says he was in the right lane, there were cars waiting to make a right so he changed to the left before the intersection, going about 15kph. He says he made a safe lane change but I guess he wouldn't be able to dispute the officer's opinion anyway.

Is listing the wrong HTA offence number a valid argument to have the ticket thrown out? Or would the judge still accept it as just a typo?
I told him at the very least he should ask for disclosure to see what the officers notes are.
Thanks.

Alleged location.
https://www.google.ca/maps/@43.6492072, ... 312!8i6656
Would need to see the officers notes to determine if the charge is incorrect. He should plead Not Guilty and request a trial with the officer present. Once he gets his Notice of Trial with the Trial date, then he can request disclosure (copy of officers notes). Once he gets the notes, post them here for us to review.

My thoughts are that 142.1 is the wrong charge and it should have been 142 (1). Notice the brakcets around the 1 (different from the point then the 1) which make this a different charge and sounds like this makes it the incorrect charge. Since 142.1 references buses and if the officers notes do not reference any buses then it should be easy to beat.
--
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
Jul 2, 2007
888 posts
40 upvotes
malaujai wrote:
Aug 31st, 2017 5:21 pm
So I got my ticket back in mid July... I decided to ask for a trial and went with the ticket to the offices in York Region. The guy at the booth took one half of the ticket with the actual ticket on it (I think), stamped the other half with a "FILED" stamp, and gave that back to me (he also stapled some yellow sheet with the courts address on it).

It's been so long that I can't recall exactly what he did or said at the time... Just wanted to confirm a couple of things:
1. He did take the actual ticket right? I have a copy of it at home just in case but I don't recall him giving me back the original. I've only got the half with the slip for a guilty plea (option 1) that's been stamped as FILED.
2. Was I supposed to do anything else or is it just taking them a while to mail me a court date?

Thanks!
Could anyone provide any insight into this? It's been a while now and I'm starting to sweat over missing a step lol
Member
Nov 3, 2015
205 posts
19 upvotes
Kitchener, ON
Hi there.

I got a ticket for not stopping at a stop sign. I slowed down for the car in front but took a right without stopping. I didn't even notice the sign. Not sure why, maybe because it was sunny etc...anyway I screwed up. I also wasn't wearing my sunglasses instead of my glasses, which although being very low power (1.25) are required for driving. The officer said he could give me two tickets (not wearing glasses, stop sign) but was being lenient.

At my court date the prosecution offered to reduce the ticket to 'Disobey Sign" which will be two demerit points. I asked for a later trial date so I could consider my options.
The officer wasn't present at the trial but upon asking the prosecution, I was told that he would come when the trial commences and if he is needed.

My retrial is tomorrow and I am wondering if I should take the reduced charge or should I fight it and take my chances with the judge?
Deal Fanatic
User avatar
Mar 23, 2008
6207 posts
3369 upvotes
Edmonton
fractall wrote:
Sep 12th, 2017 11:53 am
Hi there.

I got a ticket for not stopping at a stop sign. I slowed down for the car in front but took a right without stopping. I didn't even notice the sign. Not sure why, maybe because it was sunny etc...anyway I screwed up. I also wasn't wearing my sunglasses instead of my glasses, which although being very low power (1.25) are required for driving. The officer said he could give me two tickets (not wearing glasses, stop sign) but was being lenient.

At my court date the prosecution offered to reduce the ticket to 'Disobey Sign" which will be two demerit points. I asked for a later trial date so I could consider my options.
The officer wasn't present at the trial but upon asking the prosecution, I was told that he would come when the trial commences and if he is needed.

My retrial is tomorrow and I am wondering if I should take the reduced charge or should I fight it and take my chances with the judge?
Did you get the disclosure notes? That would tell you whether it's worth fighting. From the sounds of things, you don't have any real defense.

I would guess that either ticket would count as a minor offense with regards to insurance, so the hit on that perspective would be the same. The demerit points are meaningless unless you've been racking up tickets. So if the discount on the fine is worthwhile, you may want to take the reduction and call it a day, because if it goes to court, your only hope is that the officer doesn't show up. You could go to court and see if the officer is there, but you may or may not be able to take the reduction at that time.

C
Member
Nov 3, 2015
205 posts
19 upvotes
Kitchener, ON
Well I will be in court and for the date and take the reduced sentence. Assuming it's still on the table as I was told it will be. If I'm lucky the officer won't be there. if not I'll take whatever is coming, after all I should've been more careful.
Jr. Member
Oct 6, 2013
110 posts
16 upvotes
Red Deer, AB
Hi there.

Today, (Sept. 12/2017) I got my first ticket here in Alberta.
I was driving displaying an expired license plate, it was my mistake, I had no idea that it was expired.

After the issued ticket, I went directly to a Register Office and renew my plate.

Now what are my options?
Court date is set to November (will not inform actual dates for privacy) and the voluntary payment option is $310.00

Thanks for any advice.
Deal Addict
User avatar
Aug 27, 2014
3805 posts
899 upvotes
Canuckland
virtuosit wrote:
Sep 12th, 2017 10:02 pm
Hi there.

Today, (Sept. 12/2017) I got my first ticket here in Alberta.
I was driving displaying an expired license plate, it was my mistake, I had no idea that it was expired.

After the issued ticket, I went directly to a Register Office and renew my plate.

Now what are my options?
Court date is set to November (will not inform actual dates for privacy) and the voluntary payment option is $310.00

Thanks for any advice.
Not sure there but Ontario allows you to renew it for first time offenders
Sr. Member
May 10, 2006
989 posts
336 upvotes
Toronto
Just got my first speeding ticket today in Ontario. It was 20 km over the speed limit. The fine itself is not too steep ($95) but I'm worried about the demerit points. The police car is merging when he flagged me. I don't think he has a radar but I'm not sure if someone else used a radar and he was the one who catches the offender.

What should be my first course of action? Meet with the prosecutor or go to trial?
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Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
fractall wrote:
Sep 12th, 2017 11:53 am
Hi there.

I got a ticket for not stopping at a stop sign. I slowed down for the car in front but took a right without stopping. I didn't even notice the sign. Not sure why, maybe because it was sunny etc...anyway I screwed up. I also wasn't wearing my sunglasses instead of my glasses, which although being very low power (1.25) are required for driving. The officer said he could give me two tickets (not wearing glasses, stop sign) but was being lenient.

At my court date the prosecution offered to reduce the ticket to 'Disobey Sign" which will be two demerit points. I asked for a later trial date so I could consider my options.
The officer wasn't present at the trial but upon asking the prosecution, I was told that he would come when the trial commences and if he is needed.

My retrial is tomorrow and I am wondering if I should take the reduced charge or should I fight it and take my chances with the judge?
So assuming you got disclosure, and reviewed the officers notes, and the notes are correct and support the charge, then most likely you would lose if you tried to fight it at trial. So therefore yes you should take the reduced charge the prosecutor offered 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
malaujai wrote:
Sep 12th, 2017 8:50 am
Could anyone provide any insight into this? It's been a while now and I'm starting to sweat over missing a step lol
The NOTICE OF OFFENCE is the actual ticket, but does not really matter whether you have copy or not.

Once you get your Notice of Trial with a trial date, you need to then send prosectuor letter asking for disclosure (copy of officers notes). Once you get the notes, review them and determine if everything is correct.\If something is missing then maybe you can beat it at trial.
--
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
DealCanuck wrote:
Sep 12th, 2017 10:42 pm
Not sure there but Ontario allows you to renew it for first time offenders
This is not correct. In Ontario if you get a ticket for this and renew it right away, the prosecutor MAY offer you a plea deal and/or drop the ticket but they have no obligation to do this, so the charge could still stand and you could still be convicted.

Not sure how it works in Alberta, but I would bring proof of renewal to trial and see if prosecutor will drop it because you fixed it right away.
--
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
jigsatics wrote:
Sep 13th, 2017 10:41 am
Just got my first speeding ticket today in Ontario. It was 20 km over the speed limit. The fine itself is not too steep ($95) but I'm worried about the demerit points. The police car is merging when he flagged me. I don't think he has a radar but I'm not sure if someone else used a radar and he was the one who catches the offender.

What should be my first course of action? Meet with the prosecutor or go to trial?
You say you are worried about demerits, so 20 over is 3 demerits and 15 over is 0 demerits. But remember that demerits have nothing to do with INSURANCE increases... a 0 demerit speeding ticket will cause insurance to increase the same as a 3 demerit so there is no savings from an insurance point of view to get it reduced.

If your only goal is to try and get it reduced to 15 over with 0 demerits, then maybe early resolution will work for 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.
--

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