Automotive

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

Deal Addict
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May 8, 2002
3778 posts
234 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
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Aug 21, 2009
4210 posts
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Markham
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
1365 posts
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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 .
Member
Jun 15, 2017
269 posts
70 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.
--
ShrekTek.ca
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Mar 23, 2008
4737 posts
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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
32 posts
2 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
124 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
2 posts
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?
Sr. Member
Jan 24, 2008
692 posts
33 upvotes
I read somewhere that the first time, someone can go on behalf of a defendant who can't make it to court that day and ask for a new trial date. And then there were some "trickeries": asking for a disclosure a month prior to the second trial date, hoping it doesn't show up. And if it does, then somehow pushing it back again for a third trial date, hoping the cop wont' show up!

But I can't find that thread anymore.

Anyways, I got caught doing 42 over the limit. Yikes. I had driven all the way to and back from Buffalo for a friend who had to pick up a visa at the border. What we thought was going to take 4 hours took 9 with the traffic and wait at the border. It was 4am, I had driven almost 300KMs, and in the last 3KMs, just as I exited DVP to go North on Bayview, BAM, he's waiting there with a speed trap. I was so pissed! My fault though, obviously, for going so fast, even if it was so late and there were no cars.

Anyways, would really like my insurance not to go up, though I remain skeptical I can get rid of this fate.

Thanks
Newbie
Apr 11, 2010
5 posts
toronto
My commercial driver and I (operator) received 2 tickets from the officer regarding the offence of "failure to surrender inspection report" (set fine $85, payable $110) and "Failure to supply driver with inspection schedule" (set fine $310, payable $390) contrary to Highway Traffic Act section 107 - 7. It is a CVOR vehicle.

What happened was the driver was pulled over arbitrarily, no offense committed at the time. Officer asked for license and insurance, and then asked for CVOR registration, all of which was provided. He then asked if the inspection was done, which we did. He asked how was the inspection done, the driver explained how he walked around and looked under the vehicle at the tires, lamps, body damage, dents etc. Officer then asked for the inspection sheets/records, which were provided and up to date. Then the officer asked for the "scheduling sheets". At this point my driver got confused, and thought the officer was asking for the inspection report/driving schedule, both of which we kept up to date, and were provided to him already. The officer then said that's not what he was looking for, and asked how the driver knows what to inspect. My driver, who has a slight language barrier and is not fully English fluent, froze up at this point. He said that these are the documents we have for scheduling (thinking that the officer meant the scheduling of the drivers, not the "inspection schedule") We keep all the documents in a single folder, and usually the driver will hand over the entire folder to the officers, but in this case, the officer was only requesting specific things one at a time and did not take the whoel folder. The driver did not understand what the officer was asking for, since he is only accustomed to using the two documents to record the daily inspection/driving schedule, and the word "schedule" is confusing to someone who doesn't understand English fluently.

The officers walked around the vehicle, then went back to their vehicle and gave the driver 2 tickets. The driver asked if there were any demerit points for this, the officer replied "No." although I am led to believe there are up to 5 points for this conviction.

Prior to leaving the scene, but with the officers gone, the driver re-opened the folder to put the tickets away, and at that point, noticed the appropriate Inspection Schedule sheets in the folder.

There were no major or minor defects, and all records were up to date.

We have requested an early resolution meeting. Is there something specific we can do to get this thrown out? I mean, we had all the appropriate documents in place and it was basically a misunderstanding of the request, not a failure to supply the report or a purposeful withholding of it from the officer. If the officer had taken the whole folder, he would've seen the inspection schedule.

Any advice on this? Thanks in advance.
Sr. Member
User avatar
Sep 23, 2009
943 posts
466 upvotes
Hi guys,

I got a ticket earlier this year for 30 over in a 70km/h zone with a set fine of ~$200. However when I went back to the area I noticed it's actually a 80km/h zone so there is an error on the ticket. I did some research and it seems I have to force this to be a fatal error by NOT attending court (otherwise they can amend the ticket there) and hope the judge figure out the fine is incorrect.

That didn't fall through, I got my conviction letter and I intend to appeal it. I know there's a precedence of London v. Young to support my claim, but I'm unsure how to proceed with it. Do I need to hire a lawyer or can I just state my claim on the appeal form? Do I need any evidence to support the road being 80km/h zone regardless that it's blatantly obvious?

Hoping someone can chime in with this... thanks guys!
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Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
waterbottleemo wrote:
Nov 7th, 2017 1:46 pm
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?
Call the provincial offences office and ask them the status of the other ticket. It may be scheduled for same trial date or it may have been dropped already for some reason.

You can use their form for disclosure if you want. It doesn't matter.
--
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
269 posts
70 upvotes
Ontario, Canada
barney_rebel wrote:
Nov 7th, 2017 4:39 pm
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.
Sometimes it can take them months to sort out the trial dates. I would call the provincial offences office and ask for the status and they will tell you where they are in the process.
--
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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