Automotive

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

Member
Jun 15, 2017
202 posts
60 upvotes
Ontario, Canada
AntonyT wrote:
Oct 12th, 2017 9:17 pm
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!
Well at least officer did not give you ticket for running red light.

In this case, I would try and do an early resolution meeting. Take proof that your license and insurance were valid at the time and MAYBE the prosecutor will offer you a deal by dropping one of them. If they are in a really good mood, they could offer to drop both, but don't count on it. Because these are just paperwork issues, the prosecutor may be okay dropping one of them.
--
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
User avatar
Jan 18, 2015
108 posts
156 upvotes
Kitchener, ON
ShrekTek wrote:
Oct 12th, 2017 10:17 pm
Well at least officer did not give you ticket for running red light.

In this case, I would try and do an early resolution meeting. Take proof that your license and insurance were valid at the time and MAYBE the prosecutor will offer you a deal by dropping one of them. If they are in a really good mood, they could offer to drop both, but don't count on it. Because these are just paperwork issues, the prosecutor may be okay dropping one of them.
If I just decide to pay will this increase my insurance?
Member
Nov 11, 2006
430 posts
121 upvotes
A relative of mine (tourist and not a Canadian resident) received a seatbelt ticket while a passenger in a car being driven by my father.

She does not have a Canadian driver's license so she handed her passport to the police officer.

The seatbelt ticket was in her name, with the address of my father's. She wasn't aware that seatbelts are mandatory in Canada. It is not mandatory from the country she is from.

What happens if she does not pay the $240 fine? Will she be barred from entering Canada or have difficulty getting another visa to enter Canada?

What would you do in this instance?


Thanks for any suggestions.
Newbie
Oct 12, 2017
1 posts
I received a seatbelt ticket on July 6, 2017. I signed up for early resolution and had a date to go to court. I showed up to court and they denied me the early resolution and said I have to plead not guilty and go to trial. I am pleading not guilty and they handed me a piece of paper that says "affidavit of service upon defendant" which contains the certificate of offense and the narrative text hardcopy. On the certificate of offense it states the ticket was on June 6, 2017 which the ticket was actually on July 7, 2017. Will this argument hold up in court?
Member
Jun 15, 2017
202 posts
60 upvotes
Ontario, Canada
AntonyT wrote:
Oct 12th, 2017 10:36 pm
If I just decide to pay will this increase my insurance?
My guess is yes, but you would have to ask your insurance company whether these paperwork fines can cause an increase. If they say yes, then you want to try and get at least one of them thrown out to reduce the increase.
--
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
Deal Fanatic
User avatar
Jan 28, 2005
5755 posts
103 upvotes
Scarborough
I had my speeding ticket trail earlier in the week. They "ran out of time" and postponed my trial. They wanted to put in January but I objected to it and asked for November which they did. (want to get it over with). The offer was present and he had like 50+ people there for him. I was talking to a couple of people and they said that this guy is a jerk with lots of attitude and he loves going to court.

He was sitting front and center right beside the prosecutor while the prosecutor was making deals with people. He stayed there the whole time while all the people who took a deal came up one at a time.

I noticed all the other cops are all in the hall way talking to each other and would pop in from time to time. Not this guy. So I'm 100% sure he's going to be showing up for my new date.
Member
Jun 15, 2017
202 posts
60 upvotes
Ontario, Canada
lithiumli wrote:
Oct 13th, 2017 1:22 pm
I had my speeding ticket trail earlier in the week. They "ran out of time" and postponed my trial. They wanted to put in January but I objected to it and asked for November which they did. (want to get it over with). The offer was present and he had like 50+ people there for him. I was talking to a couple of people and they said that this guy is a jerk with lots of attitude and he loves going to court.

He was sitting front and center right beside the prosecutor while the prosecutor was making deals with people. He stayed there the whole time while all the people who took a deal came up one at a time.

I noticed all the other cops are all in the hall way talking to each other and would pop in from time to time. Not this guy. So I'm 100% sure he's going to be showing up for my new date.
Yes in Ontario there is a very small chance they won't show up. Although I have won two different speeding trials because officer was not there... the first time it was a second trial date and they forgot to re-schedule officer to come to the new date, and the second time (again a second trial date) the officer had been sent off on some training somehwere. So it is a possibility.
--
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
Deal Addict
Oct 4, 2006
1260 posts
231 upvotes
Toronto
ShrekTek wrote:
Oct 12th, 2017 10:10 pm
In Ontario, you should plead NOT GUILTY and request a trial with the officer present. Once you get your trial date, then you can request disclosure (officers notes). Once you get the notes, you can decide if they have good case against you or not. If the case looks good, then you show up for trial date and talk to prosecutor before trial and see about them offering a reduction if you decide to plead guilty instead. Although they have no obligation to offer you a plea deal, a lot of times they will.
FYI, I went to court this afternoon and pled guilty and asked for leniency. Because of the circumstances, the judge was compassionate and waived the $150. :)
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User avatar
Mar 23, 2008
4450 posts
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Edmonton
blindemboss wrote:
Oct 13th, 2017 7:05 pm
FYI, I went to court this afternoon and pled guilty and asked for leniency. Because of the circumstances, the judge was compassionate and waived the $150. :)
Nice! Did he warn you not to do it again? :)

C
Deal Addict
Oct 4, 2006
1260 posts
231 upvotes
Toronto
CNeufeld wrote:
Oct 13th, 2017 7:32 pm
Nice! Did he warn you not to do it again? :)

C
No, she didn't. I think she appreciated the honesty and pleading guilty shows contrition. The prosecutor also thanked those who wanted accepted a reduction to save the courts time.

Others who challenged the ticket and wanted a trial, had to meet with police officers to view their evidence. Not sure how those eventually played out.

Not saying my case is the norm. I may have just caught a compassionate judge on a good day.
Newbie
Oct 12, 2017
1 posts
On the highway today I was driving behind a big utility truck with a bed full of tires. We were both in an exit only lane that was backed up and going much slower than the speed limit. A car cut off the truck in front of me to avoid sitting in the slowed down lane. The truck slammed on it's brakes, but I must have been glancing down at my GPS or something because my reaction was delayed and I rear ended the truck bed, regardless of my attempt to stop. My car is totalled, the truck has a minor ding. In my opinion, I did nothing wrong, but I walked away with a ticket for following too close. The officer was not present when the accident occurred, do I have a chance to fight this? Or will they see the damage to my car as an indicator that I was driving too fast/close?
Newbie
Oct 3, 2008
8 posts
Waterloo, ON
ShrekTek wrote:
Aug 1st, 2017 12:49 pm
I always send a fax and then print out a copy of the SENT OK report from fax machine. This is fastest and easiest in my opinion.
Hello ShrekTek,
I have requested for disclosure for three times now, all by fax, still haven't received the disclosure notes. The fax machine doesn't give sent confirmation page, but did show sent. Wonder what to do now? Should I drop the request form at the prosecutors office? My court date is in Feb. Thanks in advance for any advice.
Member
Jun 15, 2017
202 posts
60 upvotes
Ontario, Canada
ElissaB956048 wrote:
Oct 13th, 2017 11:46 pm
On the highway today I was driving behind a big utility truck with a bed full of tires. We were both in an exit only lane that was backed up and going much slower than the speed limit. A car cut off the truck in front of me to avoid sitting in the slowed down lane. The truck slammed on it's brakes, but I must have been glancing down at my GPS or something because my reaction was delayed and I rear ended the truck bed, regardless of my attempt to stop. My car is totalled, the truck has a minor ding. In my opinion, I did nothing wrong, but I walked away with a ticket for following too close. The officer was not present when the accident occurred, do I have a chance to fight this? Or will they see the damage to my car as an indicator that I was driving too fast/close?
What Province? What is the exact wording and section number of the charge?

So there are two seperate issues... insurance fault and the charges. Insurance fault is determined completely independent of whether somebody gets charged or not. In this case, your insurance will find you 100% at fault for the accident. This insurance fault determination has no bearing on whether you are found guilty or not of the charges. The matters are dealt with completely seperate.

That said, for the charges, you still have the right to be innocent until they proven you guilty. So you should plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial with a trial date, then you can request disclosure (copy of officers notes and copy of all witness statements).

So let's assume both the officers notes are good and the witness statements are good, meaning if you took it to trial, you would lose and be charged based on what is in the notes. In this case, both the officer AND one witness must also show up for the trial. If the officer is not there or no witnesses show up, then they must drop the charges and you will win. The chances of officer not showing up are slim to none, but there is a much greater chance the witnesses won't show up (many reasons like can't be bothered, can't get off work, live to far away, etc). No witness = no case against you = charges dropped!
--
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
Member
Jun 15, 2017
202 posts
60 upvotes
Ontario, Canada
j4yin wrote:
Oct 14th, 2017 3:44 am
Hello ShrekTek,
I have requested for disclosure for three times now, all by fax, still haven't received the disclosure notes. The fax machine doesn't give sent confirmation page, but did show sent. Wonder what to do now? Should I drop the request form at the prosecutors office? My court date is in Feb. Thanks in advance for any advice.
Did you call them and ask if they received the requests and if it's ready yet? They do not have to send it to you. It is up to you check if it is ready.
--
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
Oct 3, 2008
8 posts
Waterloo, ON
ShrekTek wrote:
Oct 14th, 2017 8:49 am
Did you call them and ask if they received the requests and if it's ready yet? They do not have to send it to you. It is up to you check if it is ready.
Ohh I thought they would mail it to me. I will call them on Monday. Glad I asked you. Thanks. Lol first time fighting a ticket.

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