Automotive

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

Deal Addict
Mar 14, 2004
2672 posts
181 upvotes
North Etobicoke
CyndiP454821 wrote:
Nov 4th, 2017 8:54 pm
Any advice??

I didnt have me most recent insuance card in the car when i got pulled over last night. I do have insurance, but old card was in car instead. (Got pulled over on way home, three doors down from my driveway :( random stop for papers )

Could i fight the $172.50 ticket since i do have insurance? I explained it was in my wallet, i forgot my wallet at home, when i got up at 1030 at night to go get tom at work in dieppe. I took my purse, but forgot wallet. :( i could have walked home before he was done on the computer. I really had two houses between me and the id he wanted :(

I have heard that normally they give you 24 hours to bring in the proof. I could have walked the three doors and provided it in two minutes.
Sometimes the prosecutor will let you get off with a warning. Don't pay the fine, go to court.
It happened to me during an emergency and I had switched vehicles and got pulled over for going 10 over the limit. After explaining to the cop, he gave me ticket for No DL and INS. I went to court and got off with a warning. Good Luck
Jr. Member
Jan 11, 2009
102 posts
26 upvotes
Toronto
How likely is it that officers will show up to the Edward street location? I got caught in a speed trap today and it looked like the officer was getting a lot of hits at that particular spot (on Overlea Blvd) so does that mean he would most likely be there to since there would be a lot of cases?
Member
Jun 3, 2007
230 posts
21 upvotes
Toronto
Just looking for some clarification for the day of the court. When you enter the room, you give your name and then plead not guilty. If the police officer is there when they call your name up, do you have a chance to ask for an adjournment or do you need to tell them when you first enter the room or at some other time?
Deal Addict
Mar 14, 2004
2672 posts
181 upvotes
North Etobicoke
monsoon66 wrote:
Nov 5th, 2017 1:28 am
How likely is it that officers will show up to the Edward street location? I got caught in a speed trap today and it looked like the officer was getting a lot of hits at that particular spot (on Overlea Blvd) so does that mean he would most likely be there to since there would be a lot of cases?
Speed Trap.. lots of hits = most likely to be there.
Newbie
Nov 4, 2017
1 posts
Offence date is Oct 9, 2016
I disputed the ticket Nov 14, 2016 (pass 30days)
my dispute application granted nov 17, 2016

I haven't received any court date yet as of today. But when i checked online, there's a court date set on Dec 21,2017. As further looking at my file, there's a sworn date (violation ticket) last Dec 28, 2016.

Questions:
What is that sworn date vs offence date? I only went at the court registry and swore regarding my application of dispute.
Am i covered with the right to be tried within reasonable time (section 11(b)?
Is it SOP for a police officer to tell you what to do on how to handle your ticket? (it was my first ticket). He told me to write a letter explaining what happened, not to do again, etc; asking the court to lower the fines. As im researching regarding traffic ticket, that's considered admission of guilt. So am i covered under section 11(d) here?

your replies would be much appreciated.
Deal Addict
Jun 16, 2009
1364 posts
244 upvotes
Hello Fellas.. Got my first speeding ticket due to my stupidity. 90 KM in 50 construction zone. Officer gave a reduced ticket as 70 KM but mentioned it on the ticket.
I am not confident to stand in front of judge as if I am convicted ticket can go to the real offence mentioned i.e 90 KM in 50 zone.
Still like to hear from you what is my best option
1. Pay fine online ( will have 2 demerit points I guess )
2. Plead guilty with reason ( dont know how it is different from # 1 )
3. Contest the ticket ( will be tough for me and I have no intensions to hire paralegal )

Thank you in advance.
A fine is a tax for doing wrong .
A tax is a fine for doing right .
Member
Jun 15, 2017
258 posts
69 upvotes
Ontario, Canada
MoreDealsPlease wrote:
Nov 4th, 2017 5:36 pm
Got my first ever ticket after 12 years of driving (5 years here in Canada). Cop pulled me over (literally in front of my backyard) and I was very worried/flustered as I was never pulled by a cop, the 2 other people in the car and I had no idea what it was about, until she said that I blew right past a stop sign (136 (1) (a)). This was at a 3 way intersection, she was hiding beside a building in a location that you can't see her - definitely felt like a cash grab trap. There wasn't much of a talk with her, when she handed me the ticket I told her I never got a ticket before and she said "I'm sorry for your bad luck". I went back and took some pictures, also recorded a video of 3 cars rolling over the stop sign and her not doing anything about it - This leads me to believe that she does 1 every few minutes and I got unlucky to be picked (maybe that's what she meant by "Sorry for your back luck").

I honestly don't remember but it's possible I rolled over the stop sign, the signage is very clear (stop sign and white lines are new and visible) and she had clear view of the white line from where she was hiding.

Is there any point in fighting this? How often do these "Disobey Stop Sign" get dropped? My concern is the possible insurance increase (I'm with Belair direct) and not the $110 fee.
It's tempting to just pay and move on, would I be losing anything in this situation? (I read that insurance will probably not go up on 1 minor offence)
This is one of the hardest tickets to beat!

Even if everybody else in the world went thru the stop sign and did not stop, officer has no obligation to give them a ticket and it absolutely will NOT help your case one little bit.

The only way you can beat this is if you AND at least one of your passengers testify at trial that you DID stop. If it is your word against officers then they will 99.9% of time believe officer. But if you have another witness that says the same thing as you then that will shift the weight to your side.

You should NEVER lie to police or lie when given testimony on witness stand, so given your statement that "I honestly don't remember" means that you would need BOTH your passengers to testify that you absolutely did come to a full stop.
--
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
258 posts
69 upvotes
Ontario, Canada
Lovable wrote:
Nov 4th, 2017 6:42 pm
So I received notes from disclosure of failing to stop for a stop sign. The notes said I ran through it approximately @ 40km/h and that is ridiculous. There is a noted DVD that is also to be provided to me in 6-8 weeks since I requested disclosure but it may not make it to me by my trial date. What can I expect on this DVD? Dash cam footage from the officer's vehicle?

Provided nothing in the DVD can prove I ran the stop sign at that speed aside from maybe showing a rolling stop (unless their car setup also captures speed of vehicle in context), what could my defense be for throwing out the ticket? The cars in front of me definitely did a rolling stop and I have this on my dash cam, it was just I checked for incoming traffic before I approached the stop sign so it could appear I had a little more speed before entering the intersection but I still proceeded with caution.
You should hope they do not provide you the DVD then you can complain that you have received full disclosure yet and get an adjournment to another date (in the hopes that dvd has been lost). If they still don't get you DVD by second date then you can get it dropped. If they do get you DVD then most likely it wont help you unless it shows you actually stopped. The speed you went thru the stop sign is irrelevent. The charge is for not stopping, so even it shows you almost stopping and rolling the stop sign this will not get it dropped even if officer testifies you went thru it at 40. It might bring officers testimony slightly into question, but if officer says you did not stop and video shows you did not stop then you will be guilty regardless of speed. What other cars did is also irrelevent to your charge. Even if the whole world rolled the stop sign, the officer gave you a ticket. And again the charge is for Not Stopping and proceeding with caution is irrelevent.
--
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
258 posts
69 upvotes
Ontario, Canada
Lovable wrote:
Nov 4th, 2017 6:44 pm
I am fighting mine soon, first time in court so not much experience but I am fighting it on the premise that the other cars did it too (weak case) but that the officer noted I ran my sign at approx. 40km/h... Do they know how fast I have to accelerate with cars in front of me entering the intersection for that speed to be achieved?

Based on some checks as I 'shopped' around for insurance with this conviction, all insurance companies went up a bit for this infraction. You may want to check the same or call your insurance hotline anonymously to ask.
"Other cars did it too" is not a weak case... it is no case at all.
--
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
258 posts
69 upvotes
Ontario, Canada
CyndiP454821 wrote:
Nov 4th, 2017 8:54 pm
Any advice??

I didnt have me most recent insuance card in the car when i got pulled over last night. I do have insurance, but old card was in car instead. (Got pulled over on way home, three doors down from my driveway :( random stop for papers )

Could i fight the $172.50 ticket since i do have insurance? I explained it was in my wallet, i forgot my wallet at home, when i got up at 1030 at night to go get tom at work in dieppe. I took my purse, but forgot wallet. :( i could have walked home before he was done on the computer. I really had two houses between me and the id he wanted :(

I have heard that normally they give you 24 hours to bring in the proof. I could have walked the three doors and provided it in two minutes.
There is no 24-hour to bring it in ... not sure where people get this from.

What province?

What is exact charge (wording and section number)?
--
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
User avatar
Dec 11, 2009
351 posts
50 upvotes
Toronto, ON
ShrekTek wrote:
Nov 5th, 2017 9:09 pm
This is one of the hardest tickets to beat!

Even if everybody else in the world went thru the stop sign and did not stop, officer has no obligation to give them a ticket and it absolutely will NOT help your case one little bit.

The only way you can beat this is if you AND at least one of your passengers testify at trial that you DID stop. If it is your word against officers then they will 99.9% of time believe officer. But if you have another witness that says the same thing as you then that will shift the weight to your side.

You should NEVER lie to police or lie when given testimony on witness stand, so given your statement that "I honestly don't remember" means that you would need BOTH your passengers to testify that you absolutely did come to a full stop.
In this case is there any point in fighting this ticket? If it’s a lost cause why bother fighting it instead of paying and moving on?
Member
Jun 15, 2017
258 posts
69 upvotes
Ontario, Canada
newlyborn wrote:
Nov 5th, 2017 6:57 pm
Hello Fellas.. Got my first speeding ticket due to my stupidity. 90 KM in 50 construction zone. Officer gave a reduced ticket as 70 KM but mentioned it on the ticket.
I am not confident to stand in front of judge as if I am convicted ticket can go to the real offence mentioned i.e 90 KM in 50 zone.
Still like to hear from you what is my best option
1. Pay fine online ( will have 2 demerit points I guess )
2. Plead guilty with reason ( dont know how it is different from # 1 )
3. Contest the ticket ( will be tough for me and I have no intensions to hire paralegal )

Thank you in advance.
In Ontario they can NOT raise the speed back up to the original higher speed unless ALL of the following happen (notice I said ALL):
(1) You plead not guilty and request a trial and dislcosure.
(2) At your trial date, prosecutor informs you just before the trial that they will be seeking an amendment to increase to the higher speed.
(3) Your trial starts and you are asked to stand before the Justice of the Peace and the Clerk reads the charges out loud and asks "How do you plead?" and you say "Not Guilty".
(4) The officer takes the witness stand and testifies about everything including the higher speed.

So you should plead Not Guilty and request a trial with the officer present and then once you get Notice of Trial, you can request disclosure (officer notes). Once you review the officers notes if you think there is a good chance that you would lose at trial, then just pay the ticket before the trial date.
--
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
258 posts
69 upvotes
Ontario, Canada
MoreDealsPlease wrote:
Nov 5th, 2017 9:22 pm
In this case is there any point in fighting this ticket? If it’s a lost cause why bother fighting it instead of paying and moving on?
You can show up and ask if prosecutor will consider a lesser charge with lower fine. If they say no, then say you will plead guilty but want to ask JP for reduced fine. You then get up before the JP and give them a big sob story about how you are broke and really can't afford it. So you could get a reduction in fine or not, so you have to decide if it is worth your time or not.
--
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

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