Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Member
User avatar
Dec 11, 2009
439 posts
62 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?
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Deal Addict
User avatar
May 8, 2002
3887 posts
305 upvotes
ShrekTek wrote:
Nov 5th, 2017 9:27 pm
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.
Also there's always the chance the officer won't show, as long as it doesn't cost you anything (ie lost wages, transportation, etc), you have nothing to lose and potentially a lot to gain
Deal Addict
User avatar
Aug 21, 2009
4406 posts
261 upvotes
ShrekTek wrote:
Nov 5th, 2017 9:15 pm
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.
As the trial in ~2 weeks from now - should I follow-up on the DVD disclosure or wait it out?

Also, as this is a re-opening, would the preface that I was convicted originally due to an administrative error (they did not log my address properly and hence I never got my notice of trial) come into play or would it be a moot point now given the charge?
Deal Addict
Jun 16, 2009
1486 posts
272 upvotes
Thank you and Thanked.
ShrekTek wrote:
Nov 5th, 2017 9:25 pm
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.
A fine is a tax for doing wrong .
A tax is a fine for doing right .
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
Lovable wrote:
Nov 5th, 2017 10:05 pm
As the trial in ~2 weeks from now - should I follow-up on the DVD disclosure or wait it out?

Also, as this is a re-opening, would the preface that I was convicted originally due to an administrative error (they did not log my address properly and hence I never got my notice of trial) come into play or would it be a moot point now given the charge?
I would make a call and ask about the DVD and make a note that of when you called and who you talked to so that you can tell JP that you did follow up and ask about it but they still did not get it to you.

Re-opening 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.
--
Deal Fanatic
User avatar
Mar 23, 2008
6921 posts
3925 upvotes
Edmonton
CyndiP454821 wrote:
Nov 7th, 2017 10:56 am
new brunswick motor vehicle act 28(11)

Failure to provide valid proof
So what's your question? Did you have proof of your whatever? Is it worth it to you to fight it?

C
Newbie
Apr 1, 2017
52 posts
7 upvotes
So around May I got a speeding ticket and a 'fail to carry insurance card' (have insurance but didn't insurance card)

I requested for a trial (submitted both ticket at the same time), and have got back a reply from them.

However three months ago in the mail, there are three pieces of paper. One is the disclosure request form, the other one is regarding the speeding ticket, and the last paper is the exact duplicate of the speeding ticket.
I have waited for three months but still haven't gotten the 'fail to carry insurance card' mail

1. Did they make a mistake on the first mail?

photo for references:
http://imgur.com/sd1QVOJ (I didnt show the third paper, as it is exact dup of the speeding ticket)

2. if they made a mistake, should I call them and ask them to send it? I read here that if they made a mistake, I should just let it be.

3. I read through the posts here, and people are suggesting another format for the disclosure, should I just fill in this one and send the request to them or use another template?
Jr. Member
User avatar
Nov 13, 2005
127 posts
6 upvotes
Markham
I received two tickets back last spring in York Region.

I mailed them both in immediately requesting a trial date. I have yet to hear back about anything. How long does this process take? I understand I can call and ask about the status, but it would be nice if it's delayed even longer.
Newbie
Nov 7, 2017
6 posts
Toronto, ON
A couple of weeks ago I got pulled over right before getting on the DVP ramp. I was coming down Rosedale Valley and for some reason my inner race car driver came out and I got caught doing 119 on 60 :facepalm: . The officer came up and first took my keys. At this point i was sweating buckets thinking my car was going to get towed and my license was going to get suspended. He asked for my insurance and registration but i could not find it. I remember I had it in the car a couple weeks ago because i got into a little fender bender and I used it but at the time I was not able to find it. I do have a valid permit and insurance though. The officer took my license and keys and was in his vehicle for about 10 minutes. He came back out and told me he was not going to tow my car or suspend my license, BUT he was going to give me tickets. So I got slapped with 4 tickets.

1. Failure to surrender permit for motor vehicle.
2. Fail to have insurance card.
3. Speeding 99 km/h in a 50 km/h zone.
4. Careless driving

I paid the first 2 tickets, since they were roughly $100 each. But the last 2 tickets are roughly $400 each and it is hard for me to pay those amounts at this time. What I did was for the last 2 tickets, I selected the early resolution option and choose a date and time online. Got a confirmation letter of the time and place for the early resolution. The reason why I did this is because I thought this would decrease my fine, but after reading pages of this thread, I'm thinking I should have gone to trial.

Can you suggest the best options for me at this point?

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