Automotive

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

Deal Addict
User avatar
Mar 23, 2008
4442 posts
2072 upvotes
Edmonton
consumeralex wrote:
Oct 3rd, 2017 1:06 pm
Thank you for your replay.
1) Only at a year? How many months need? I read about 10 months.
2) What do you mean "deserve to get it stayed". Could you please more detail?
The current time frame is 18 months:
http://www.cbc.ca/news/canada/ottawa/ci ... -1.4230928

And getting it stayed = having it dismissed. Basically, at this point you would have to prove WHY a year is an unreasonable delay in having your day in court, when the current benchmark is 18 months. And proving that would likely be an expensive up-hill battle.

C
Newbie
May 3, 2011
49 posts
1 upvote
Any tips would be helpful...
Recently got a penalty notice for parking in designated handicapped space without permit.
I have a permit, but it might have partially slipped into the dashboard so part of it was covered. I filed a dispute. What am I supposed to bring as "evidence" for my screening (I'm thinking my permit obviously, but any other things)?
Newbie
Aug 21, 2017
9 posts
1 upvote
CNeufeld wrote:
Oct 3rd, 2017 1:13 pm
The current time frame is 18 months:
http://www.cbc.ca/news/canada/ottawa/ci ... -1.4230928

And getting it stayed = having it dismissed. Basically, at this point you would have to prove WHY a year is an unreasonable delay in having your day in court, when the current benchmark is 18 months. And proving that would likely be an expensive up-hill battle.
Thanks again.
Do you have real examples how people get stay after or before 18 months?
Member
Jun 15, 2017
201 posts
60 upvotes
Ontario, Canada
consumeralex wrote:
Oct 3rd, 2017 1:06 pm
Thank you for your replay.
1) Only at a year? How many months need? I read about 10 months.
2) What do you mean "deserve to get it stayed". Could you please more detail?
Read this post about the R v Jordan decision as it may explain it:
ask-me-anything-about-fighting-your-tra ... #p27683529
--
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
Aug 21, 2017
9 posts
1 upvote
Hello everybody,
Tell me please
Why the prosecution office do not mail out disclosure? Can I get a chance get a adjournment if I don't pick up it (or I don't provide e-mail and phone)? If they don't mail disclosure - is this my problem or not? I think about 11(b).
Deal Addict
User avatar
Mar 23, 2008
4442 posts
2072 upvotes
Edmonton
If your disclosure is sitting at their desk and you don't pick it up (without knowing where you are and what the rules are in your jurisdiction), it may count against you with regards to delaying. So yes, you can get an adjournment. But it may not help you with your 11(b).

The prosecution isn't obligated to step outside their process to get you your disclosure. It's up to you to find out what that process is and what your part entails. If their standard process is that it sits in a box by the front desk clerk till it's picked up, then it's up to you to know that and go pick it up. You probably wouldn't get penalized in court for it (thus being allowed another adjournment), but you won't benefit from it.

C
Member
Aug 18, 2014
201 posts
20 upvotes
Toronto, ON
I just got my first speeding ticket ever and don't know if I should pay it or take it to court. Taking it to court seems like it will take so much time to do so. Do I loose points for it as well?
Deal Addict
User avatar
Mar 23, 2008
4442 posts
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Edmonton
tdotflame wrote:
Oct 5th, 2017 2:37 am
I just got my first speeding ticket ever and don't know if I should pay it or take it to court. Taking it to court seems like it will take so much time to do so. Do I loose points for it as well?
You will get demerit points for it (most likely). Whether it makes a difference in your life is a different story. Read the thread on "Demerits and Insurance" if you want the long answer.

C
Newbie
Aug 21, 2017
9 posts
1 upvote
CNeufeld, thank you

I'm in Ontario, prosecution office in Barrie.

I repeat my question: Why the prosecution office do not mail out disclosure?

How about this:
Spoke about the email and not picking up in person. Email is not secure and also it even mentioned in their Privacy Policy that transmission of data electronically does not guarantee anonymity and confidentiality. Since the disclosure contains confidential information pertaining to a court case, it is not a viable method of transmission. Regarding pick up in person, I live a considerable mileage in which I have to take time off of work in which results to lost income.
This is the reasons why I find that disclosure by mail is the best option.

Do I have a chance get a adjournment and will be not my fault?
Deal Addict
User avatar
Mar 23, 2008
4442 posts
2072 upvotes
Edmonton
consumeralex wrote:
Oct 5th, 2017 5:28 pm
CNeufeld, thank you

I'm in Ontario, prosecution office in Barrie.

I repeat my question: Why the prosecution office do not mail out disclosure?

How about this:
Spoke about the email and not picking up in person. Email is not secure and also it even mentioned in their Privacy Policy that transmission of data electronically does not guarantee anonymity and confidentiality. Since the disclosure contains confidential information pertaining to a court case, it is not a viable method of transmission. Regarding pick up in person, I live a considerable mileage in which I have to take time off of work in which results to lost income.
This is the reasons why I find that disclosure by mail is the best option.

Do I have a chance get a adjournment and will be not my fault?
It's not up to the court to make things convenient for you. But all you can do is try arguing your case in front of the judge and see if you can persuade him that you have a real cause. Did you leave a phone number for them to contact you? Did you contact them to ask them what your options were? Basically, did you do YOUR part to try to make sure you got disclosure...

C
Deal Addict
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Aug 27, 2014
3545 posts
830 upvotes
Canuckland
CNeufeld wrote:
Sep 22nd, 2017 6:34 pm
Have you verified that 3 demerit points impacts your insurance less than 4? And you can go and plead just as easily as a paralegal can...

C
Omg again! DEMERIT POINTS DONT AFFECT INSURANCE!
Member
Jun 15, 2017
201 posts
60 upvotes
Ontario, Canada
consumeralex wrote:
Oct 5th, 2017 5:28 pm
Do I have a chance get a adjournment and will be not my fault?
No.

Prosecution has no obligation to send it to you, only to make it available for you to pick up.

You can (1) accept it by email, or (2) drive to Barrie and pick it up, or (3) just wait until your trial date and show up and get it then and ask for an adjournment to a new date so you have time to review it.

Option 2 or 3 means two trips to Barrie. Email means 1 trip. Your choice.
--
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
Jul 31, 2009
108 posts
8 upvotes
I got a speeding ticket about a week back(last week of September), doing 55 km in a 40 zone. Although the cop said my speed was at 69 km, he gave me a break on that.
I was just about to pay my ticket yesterday, and I noticed the date was way off. The ticket says it happened on the 6th of Sept, and I know that there is a lot more trouble if I don't pay the ticket within 15 days. but according to the ticket im already past 15 days
Should I go to trial or resolve with prosecution ?
Deal Addict
User avatar
Mar 23, 2008
4442 posts
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Edmonton
DealCanuck wrote:
Oct 5th, 2017 9:07 pm
Omg again! DEMERIT POINTS DONT AFFECT INSURANCE!
Chill, dude.

1) Tickets with more demerit points are sometimes classified as more severe with regards to insurance. So the one with more demerits might have a bigger impact on the poster's insurance.
2) That's why I asked if they had verified if the one ticket impacted their insurance more than the other. Nobody was stating that it was going to impact it more just because it was more insurance.

Reading comprehension is a good thing. Overreaction is not.

C

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