Automotive

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

Newbie
User avatar
Oct 7, 2017
2 posts
1 upvote
ShrekTek wrote:
Oct 9th, 2017 3:52 pm
Regardless of the "suspect" time frame, it is still under 18 months so therefore there is nothing you can do about it.

In reality, a Secton 7 argument (lack of disclosure) at your first appearance will never work as the caselaw says that the proper remedy is to adjourn it to another date and get prosecution to get you the disclosure (which they did by giving it to your brother).

However, if you can not read the officers writing, then you need to send another request to prosecution ASAP stating something like:
The officers notes that I received are very hard to read and appear to contain abbreviations that I do not understand. Please provide a typed copy of the notes along with the meaning of all abbreviations used so I can properly prepare my defense.

If they don't provide this to you, then you can argue at the next trial that they still have not provided you with disclosure as you can not prepare a defense without knowing what the case is against you, which requires you to be able to know what the officers notes say. Remember to file another Section 7 Charter argument before this trial date, which I recommend you do about 25 days before trial date so that you make sure the Attorney Generals get their notice on time.

I don't really see any charter violations against you personally, although if they don't get you typed notes you can read, then you will have section 7 one.

If you want to also try an 11b before the 18 months, it is possible but will take lots of work. You will also need to get 3 copies of transcripts of the first two court dates ($$$). Read this post:
https://forums.redflagdeals.com/ask-me- ... #p27683529
Thank you for the detailed reply. I definitely want to try to argue an 11b violation, even though my case is 7 days under the 18 month ceiling and the onus therefore shifts from the crown to me.

I took a look at the thread you mentioned. My understanding is that if I want to argue for an 11b stay, I have to successfully establish that:
1) I took meaningful steps that demonstrate a sustained effort to expedite the proceedings, and
2) The case took markedly longer than it reasonably should have.

You mentioned that I'll have to get 3 copies of the transcripts of my previous two court appearances. Is this something that has changed with recent caselaw/the new 11b framework? I always thought that court transcripts only have to be ordered for any matter that is being appealed.

Would I file my 11b challenge the same way as my section 7 challenge (at least 25 days before trial), or is there now a different procedure for 11b challenges? I know that prior to the summer of 2016, most 11b challenges referred to the Askov and Morin decisions. I would appreciate some more insight on the best way to mount an 11b challenge and what steps I would have to take to ensure compliance with the new framework.

Thanks again for your assistance!
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
GoTJunkie wrote:
Oct 11th, 2017 1:52 pm
Thank you for the detailed reply. I definitely want to try to argue an 11b violation, even though my case is 7 days under the 18 month ceiling and the onus therefore shifts from the crown to me.

I took a look at the thread you mentioned. My understanding is that if I want to argue for an 11b stay, I have to successfully establish that:
1) I took meaningful steps that demonstrate a sustained effort to expedite the proceedings, and
2) The case took markedly longer than it reasonably should have.

You mentioned that I'll have to get 3 copies of the transcripts of my previous two court appearances. Is this something that has changed with recent caselaw/the new 11b framework? I always thought that court transcripts only have to be ordered for any matter that is being appealed.

Would I file my 11b challenge the same way as my section 7 challenge (at least 25 days before trial), or is there now a different procedure for 11b challenges? I know that prior to the summer of 2016, most 11b challenges referred to the Askov and Morin decisions. I would appreciate some more insight on the best way to mount an 11b challenge and what steps I would have to take to ensure compliance with the new framework.

Thanks again for your assistance!
You file all charter challenges the same way, whether section 7 or 11b.

In order for JP to determine if there has been an 11b violation, they need copies of all the prior transcripts to determine who's fault each delay was. And yes you need to prove the 2 things you metioned above. For the second one ("The case took markedly longer than it reasonably should have"), I am not sure how you can prove this and am not aware (yet) of anybody who has successfully done it. The only thing I can think of is that the previous number was 10 months, so if this took 17 months, that seems to be markedly longer than it used to take. Probably need to find out caselaw where old 10 month number came from and review it for hints.
--
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
889 posts
41 upvotes
CNeufeld wrote:
Oct 10th, 2017 5:26 pm
No, if you request disclosure now, they should have plenty of time to make it available to you...

C
Thanks. Is there an appropriate timeframe that I should apply for the disclosure in that case?
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
malaujai wrote:
Oct 11th, 2017 10:56 pm
Thanks. Is there an appropriate timeframe that I should apply for the disclosure in that case?
Always make your request as soon as possible as it looks better for you if they don't get it to you on time. Check in every couple months to see if it is ready.

The prosecution does not have to send it to you, although some may mail it and some may email it and some may fax it if you ask. If they won't do any of those, then you need to go pick it up in person.

Remember it is YOUR responsibility to see if it is ready. Prosecution does not have to tell you it is ready. Their ONLY obligation is to get it ready for you and nothing else.
--
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
Oct 11, 2017
1 posts
Hi, I got a question for disputing parking ticket, When I requested a trial option is it possible for them to charge me for other things like sticker expired?
Deal Addict
Oct 4, 2006
1407 posts
275 upvotes
Toronto
Oops, so I didn't see this thread, but any suggestions to lower a parking ticket.
Is pleading guilty asking for leniancy (along with a reason), the best approach?
Deal Fanatic
User avatar
Mar 23, 2008
6239 posts
3395 upvotes
Edmonton
User330877 wrote:
Oct 12th, 2017 2:34 pm
Hi, I got a question for disputing parking ticket, When I requested a trial option is it possible for them to charge me for other things like sticker expired?
You can request disclosure, and see what else is noted in the officer's notes. If it's not in there, you should be safe.

C
Deal Fanatic
User avatar
Mar 23, 2008
6239 posts
3395 upvotes
Edmonton
blindemboss wrote:
Oct 12th, 2017 3:34 pm
Oops, so I didn't see this thread, but any suggestions to lower a parking ticket.
Is pleading guilty asking for leniancy (along with a reason), the best approach?
Not sure if it's the best approach, but if you're sure you're guilty, then it might be your only option. Only you can decide if it's worth actually going there to spend your time doing that.

C
Deal Addict
Oct 4, 2006
1407 posts
275 upvotes
Toronto
CNeufeld wrote:
Oct 12th, 2017 4:06 pm
Not sure if it's the best approach, but if you're sure you're guilty, then it might be your only option. Only you can decide if it's worth actually going there to spend your time doing that.

C
Thanks. Yeah a $150 ticket is worth it.
I'm guilty but was simply parked for a minute assisting elderly parent to get to his apartment.
Deal Fanatic
User avatar
Mar 23, 2008
6239 posts
3395 upvotes
Edmonton
blindemboss wrote:
Oct 12th, 2017 4:13 pm
Thanks. Yeah a $150 ticket is worth it.
I'm guilty but was simply parked for a minute assisting elderly parent to get to his apartment.
No offense, but the ticketing officer probably had no idea what you were doing. They just give out tickets to people parked improperly, and you were in a transit zone. They put those in place for a reason (to make sure the buses containing other elderly people, BTW) can stop where they're supposed to be able to stop, and not unsafely.

Does your father's building not have a loading zone? Perhaps you should take it up with the property management to request one...

C
Deal Addict
Oct 4, 2006
1407 posts
275 upvotes
Toronto
CNeufeld wrote:
Oct 12th, 2017 4:28 pm
No offense, but the ticketing officer probably had no idea what you were doing. They just give out tickets to people parked improperly, and you were in a transit zone. They put those in place for a reason (to make sure the buses containing other elderly people, BTW) can stop where they're supposed to be able to stop, and not unsafely.

Does your father's building not have a loading zone? Perhaps you should take it up with the property management to request one...

C
No loading zone, and no offense taken. I know I'm guilty.
At this point, i hoping for a reduced fine, perhaps if the Justice of the peace has some compassion and understanding of the situation.
Deal Fanatic
User avatar
Mar 23, 2008
6239 posts
3395 upvotes
Edmonton
blindemboss wrote:
Oct 12th, 2017 5:09 pm
No loading zone, and no offense taken. I know I'm guilty.
At this point, i hoping for a reduced fine, perhaps if the Justice of the peace has some compassion and understanding of the situation.
Did you have an option for an early resolution? You might be able to negotiate a deal without wasting your time waiting for your case to come up in court.

C
Deal Addict
Oct 4, 2006
1407 posts
275 upvotes
Toronto
CNeufeld wrote:
Oct 12th, 2017 5:18 pm
Did you have an option for an early resolution? You might be able to negotiate a deal without wasting your time waiting for your case to come up in court.

C
No, not that I'm aware of.
I did call City Hall to see if I could go through that new dispute resolution process. But they said it only applies to new offences moving forward.
Newbie
User avatar
Apr 10, 2012
12 posts
Brampton
So i checked early resolution on the back of a ticket I received in late August of this year. I received a letter in the mail with the original ticket I sent to the court attached. What exactly is it trying to say?
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Jr. Member
User avatar
Jan 18, 2015
117 posts
192 upvotes
Kitchener, ON
So here's the story, I ran over a red and got pulled over. I didn't have my license or insurance at the time and couldn't surrender it over the officer. The officer was lenient enough to give me a warning and charged me with failure to surrender insurance and license. Is there any thing I could do? Is my insurance going to go up? Help please and thank you!

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