Automotive

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

Deal Fanatic
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Sep 21, 2012
5063 posts
577 upvotes
Mississauga
ShrekTek wrote:
Sep 30th, 2017 6:42 pm
Generally the officers notes are about as complete as they need to be.

If you have no experience in court, then 99% chance you will lose if you try to fight it in court. And most likely you will not be able to find a paralegal that would feel confident they could beat it for you.

There is a very very small chance at beating this, but it would require somebody skilled at cross-examination. The issues I would bring up are:
- that there were other vehicles behind the officer as well as yours and radar does not tell you which vehicle it is picking up. Radar operates in either Strongest mode or Fastest mode. Strongest mode picks up the speed of the strongest signal it is receiving, which would normally be the closest vehicle to antenna (assuming all the vehicles in range are similar in size). Fastest mode picks up the speed of the fastest signal it is receiving which can be anywhere within the range of the antenna (so it could be a vehicle that is 3000 or 4000 feet back out of normal visual observation of officer.
- does the officer have any other notes besides the ones provided? If not, then when did he write the notes? If he says he wrote them just after the incident, then that must mean he included second test time when he wrote the notes... oh wait, an officer can't write stuff in his notes he did not do yet and can't leave spaces in his notes and then add things later. So this could be a point to bring doubt to officers notes. If the officer DOES have other notes and simply copied from them onto the ones you got, why did you not recieve a copy of those notes in disclosure? Another good point.

If you show up for trial you might get the prosecutor to reduce the speed at least down to 29 over, so it may be worthwhile to try that if you are not interested in fighting it.

If the officer reduced the speed on your ticket down, and you choose to try and fight it at trial and then you lose at trial, they can raise it back up to higher speed. They can not raise it up just because you showed up for the trial, so prosecutor may still offer reduction if you plead guilty. To raise it back up, you actually have to show up for trial AND then plead Not Guilty in front of JP AND the trial has to start AND the officer has to get on the witness stand to testify AND you have to then lose the trial.
Thanks for the response. I'm definitely out of my element here, so I'm probably going to lose.

The officer went with the higher of the two speeds he mentioned, but there's no mention of the lower speed anywhere in the notes. I guess that's the only positive side here.
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Newbie
Aug 21, 2017
9 posts
1 upvote
Hello everybody,
I got a minor speeding ticket in February 2017. The first court was September 2017. My trial was adjourned. The next court will be in March 2018. This adjournment not my fault.
Questions
1) Can I apply Section 11(b) - Unreasonable Delay? Through how many month since I received the ticket I can apply 11b?
2) How I saw judge was not happy stay trial for reason 11b. Why? Do it problem stay trial for reason 11b?
Deal Fanatic
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Mar 23, 2008
6947 posts
3949 upvotes
Edmonton
consumeralex wrote:
Oct 2nd, 2017 6:35 pm
Hello everybody,
I got a minor speeding ticket in February 2017. The first court was September 2017. My trial was adjourned. The next court will be in March 2018. This adjournment not my fault.
Questions
1) Can I apply Section 11(b) - Unreasonable Delay? Through how many month since I received the ticket I can apply 11b?
2) How I saw judge was not happy stay trial for reason 11b. Why? Do it problem stay trial for reason 11b?
You’re only looking at a year from your ticket to your trial. Not long enough. At this point, you’d need to prove why you deserve to get it stayed.

C
Newbie
Aug 21, 2017
9 posts
1 upvote
CNeufeld wrote:
Oct 2nd, 2017 10:27 pm
You’re only looking at a year from your ticket to your trial. Not long enough. At this point, you’d need to prove why you deserve to get it stayed.
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?
Deal Fanatic
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Mar 23, 2008
6947 posts
3949 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
96 posts
9 upvotes
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?
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
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 Fanatic
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Mar 23, 2008
6947 posts
3949 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
204 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 Fanatic
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Mar 23, 2008
6947 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 Fanatic
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Mar 23, 2008
6947 posts
3949 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

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