Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
eednapes wrote:
Nov 8th, 2017 12:12 pm
But is it possible to request the court date to be pushed back *ON* the court date? Is there a specific procedure to this? Can I just show up myself and ask for it?

And on the court date, before i ask for a new court date, is there a way to find out if the police officer is present or not?
Yes you can ask for it to moved to another date on the trial date itself but you better have a good reason as it is frowned upon. So if you have not asked for disclosure yet, you can say you did not know you had to ask for it ahead of time and would like disclosure and another date. If you know ahead of time you can't get off work, you should send a fax to both prosecutors office and provincial offences office notifying them as far on advance that you can not make it, and then also (if possible) send somebody to court that day with copies of what you sent to ask for the new date.

There is no way to really know if officer is there or not unless you see them and recognize them. You can also ask the prosecutor, but they are not necessarily obligated to tell you if officer is there or not. And also does not need to be there before court starts... they only need to be there at the time your case is called up. So sometimes officers do not show up until after court has started as the prosecutor deals with everybody that is pleading guilty or setting new trial dates first before they need any of the officers.
--
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
yao416 wrote:
Nov 8th, 2017 12:59 pm
Just got my trial notice for March.

Is that disclosure request form still ok to use? Or should I just got to the office and request it in person
You don't need to use any special form for disclosure. You can write it in crayon if you want on the back of a napkin. So whatever method is easiest for you, do that.
--
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
Idlehands wrote:
Nov 8th, 2017 2:30 pm
Does it help that the officer stopped me from the other side of the road which is also 80 zone?
If the officer stopped you in an 80 and got you in an 80 then you had a case if you had gone to trial.

The problem is that it was not a FATAL error. You needed to show up for trial and once the officer gave their evidence of you speeding 100 in a 90, then you cross-examine officer about being sure it was a 90 and not an 80 and then give your evidence that it was actually an 80. Since the officers evidence was that it was a 90, they can not amend the "posted speed zone" part of it to 80. Also they need to advise you before the trial starts that they plan on making an amendment to the ticket. They can only amend the "how fast you were going part" if they tell you before trial starts that they plan on doing that AND the officer testifies to the higher speed.
--
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.
--
Jr. Member
Jan 13, 2007
148 posts
2 upvotes
Waterloo
Got a speeding ticket with no speed written on it, but only a fine.
Requested disclosure and the officers notes are not really readable but the date stamp of the notes is 25 days after the incident. Is this normal? Can I recieve a stay. The ticket also doesn't say the posted speed, and he wrote incorrect information regarding which lane I was in and which lane he was in. Also cop used pacing to stop.
Newbie
Apr 11, 2010
6 posts
toronto
ShrekTek wrote:
Nov 8th, 2017 2:26 pm
FYI...
(1) If at early resolution the prosecutor offers to drop the lesser charge if you plead guilty to the bigger one, I would probably NOT take that deal because at trial the outcome would probably be the opposite (meaning you can probably beat the bigger one at trial).
(2) If the prosecutor offers to drop the bigger ticket if you plead guilty to the lesser one, then you need to decide if it is worth trying to fight BOTH tickets to end up with a similar outcome of the plea deal. In this case I would suggest you say "we would like to review the disclosure before we decide whether to accept the deal or not". This leaves the deal open and a chance to review the officers notes to decide if charges can easily be beaten or not.
(3) If prosecutor offers you no deal then then you can tell prosecutor that you would like to get disclosure and set a trial date. You have nothing to lose by doing this.
Fantastic, I think that's the route we are going with. I see no reason why the larger one wouldn't be dropped since the driver will admit he did have it, just didn't know to hand it over. There's no way they can prove it wasn't there beyond reasonable doubt if we both have that same story. If the lesser charge carries no points, then we'll probably just review disclosure, and likely plead to that one, pay it, and be done. Thanks again Shrek.
Sr. Member
User avatar
Jun 19, 2005
763 posts
11 upvotes
is there even a point to fighting a 72km in a 50 zone? other than getting the fine reduced is there a chance for the ticket to be reduced to a lesser charge ?
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
tk11 wrote:
Nov 9th, 2017 1:49 am
Got a speeding ticket with no speed written on it, but only a fine.
Requested disclosure and the officers notes are not really readable but the date stamp of the notes is 25 days after the incident. Is this normal? Can I recieve a stay. The ticket also doesn't say the posted speed, and he wrote incorrect information regarding which lane I was in and which lane he was in. Also cop used pacing to stop.
Can you scan the ticket and black out personal info and officer info and post it so we can see? This sounds like a fatal error.
--
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
jstyle wrote:
Nov 9th, 2017 1:48 pm
is there even a point to fighting a 72km in a 50 zone? other than getting the fine reduced is there a chance for the ticket to be reduced to a lesser charge ?
There is always a point, as in it is your right to see the disclosure (officers notes) of the case they have against you before you decide whether to plead guilty or not.

Also, in Ontario if the officer did not reduce the speed at all when he gave you the ticket, there is a good chance to possibly get it reduced to 15 over from 22 over which is 0 demerits (but may still affect your insurance).
--
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
Nov 8, 2017
1 posts
I was pulled over for doing 150/km in a 80 km/hr zone in Calgary on Crowchild Trail. The police office had estimated my speed as he was far behind me and had some catching up to do. He was coming off an approach and would have been doing around 50 km/hr.
He caught up to me because he had to accelerate and in doing so used his odometer to guess my speed, I had already came to a slow down because I had to turn off. I'm pretty sure that I hit a maximum speed of 120km/hr not the 150 he was stating. I went to court to fight it and
I pled not guilty to the offence as he did not clock me with a radar gun. What are my chances of getting this reduced or even getting off on the charge.
Jr. Member
User avatar
Nov 13, 2005
127 posts
6 upvotes
Markham
ShrekTek wrote:
Nov 8th, 2017 11:39 am
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'll give it another month or two.

Hypothetically, what if that particular cop retired from his job a few months ago?
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
barney_rebel wrote:
Nov 9th, 2017 3:36 pm
I'll give it another month or two.

Hypothetically, what if that particular cop retired from his job a few months ago?
They will probably still show up to trial even if they retired.
--
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.
--
Jr. Member
Nov 9, 2017
108 posts
4 upvotes
Hello,

I got a HTA 78.1(1) while driving on Hwy 401 (in Burlington area). Officer said he saw me with my phone in my hand. I showed him my Bluetooth headset but he said the ticket is because of holding the phone.

I feel much more comfortable presenting my counter to this in my native language. Do I have cause to ask for interpreter? I can speak English with prosecutor but can I request interpreter to be present at trial in case I can not take prosecutors offer? Or should I request interpreter for prosecutor phone meeting as well?

Of course the officer spoke English to me but I am much more comfortable speaking in my mother tongue.
*The meeting with prosecutor will be over the phone since I live 75km away.*
Sr. Member
User avatar
Jun 19, 2005
763 posts
11 upvotes
ShrekTek wrote:
Nov 9th, 2017 2:47 pm
There is always a point, as in it is your right to see the disclosure (officers notes) of the case they have against you before you decide whether to plead guilty or not.

Also, in Ontario if the officer did not reduce the speed at all when he gave you the ticket, there is a good chance to possibly get it reduced to 15 over from 22 over which is 0 demerits (but may still affect your insurance).
good points thanks
Deal Addict
May 10, 2006
1033 posts
341 upvotes
Toronto
Hi,

I got my disclosure yesterday. I was charged for driving 75km/hr on a 50km/hr zone but reduced it to 70 over 50. The notes are entered electronically but I don't see a date stamp on when the notes were made. Also, is it supposed to say where I was flagged? One thing i noticed is that it said that I am eastbound when I am actually westbound.

Here's the disclosure (I don't have a scanner at home so I just typed the notes):

Posted 50k zone
Speed limit is approximately 400m west of my location on the south west corner of Dixon Road and Royal York Road
Checked speed sign - clearly visible and un-obstructed to drivers.

Laser Tech Ultra Lyte - LRB LTI 20 - 20
Speed Measuring Laser device - in scout
SN UX029218 Manufactufing date: 2016 03 03
Capable of accurately determining the speed of a motor vehicle
Qualified operator
Test before and after - 0630hrs and 1400hrs
Working in accordance with manufacturers operating instructions
Display integrity, Scope alignment, Instrument Confidence Check
Clear view and unobstructed re: laser
dry roads light traffic
eb motor vehicle Dixon Rd lane 1
lead of 3 and gaining on 2nd, appeared to be speeding
75k @ 163.8m
stopped vehicle after never losing sight
grey Honda
1 occupant
Licence permit and insurance
No request
Mobile: $50 - Telus Student 50 Plan MTM since 2012 - 500 mins, 5GB data, unl text, FAV10, CID & VM25
Cable/Internet: $110+tax - Premier, Gigabit, PVR, HD Box
Home Phone: $0 since 2016 - Obi200/FPL with Google Voice (free call Can/US)
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
snowhite445 wrote:
Nov 10th, 2017 12:20 am
Hello,

I got a HTA 78.1(1) while driving on Hwy 401 (in Burlington area). Officer said he saw me with my phone in my hand. I showed him my Bluetooth headset but he said the ticket is because of holding the phone.

I feel much more comfortable presenting my counter to this in my native language. Do I have cause to ask for interpreter? I can speak English with prosecutor but can I request interpreter to be present at trial in case I can not take prosecutors offer? Or should I request interpreter for prosecutor phone meeting as well?

Of course the officer spoke English to me but I am much more comfortable speaking in my mother tongue.
*The meeting with prosecutor will be over the phone since I live 75km away.*
When you speak to prosecutor, if they offer you a deal and you are not sure if you should take it, then you can say you would like to set a trial date with an interpreter and see disclosure before you decide whether or not to take the offer.

If they do not offer you a deal at all, then say you would like to set a trial date with an interpreter and get disclosure.

You will not have an interpreter for the meeting unless you bring your own. If you want an interpreter for trial, then you need to request interpreter when you ask for a trial.
--
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.
--

Top

Thread Information

There are currently 2 users viewing this thread. (2 members and 0 guests)

ob2011, omaiiir