Automotive

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

Sr. Member
User avatar
Jun 19, 2005
743 posts
4 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 ?
Member
Jun 15, 2017
269 posts
70 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.
--
ShrekTek.ca
Member
Jun 15, 2017
269 posts
70 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.
--
ShrekTek.ca
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
124 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?
Member
Jun 15, 2017
269 posts
70 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.
--
ShrekTek.ca
Newbie
Nov 9, 2017
2 posts
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
743 posts
4 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
Sr. Member
May 10, 2006
884 posts
302 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
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Member
Jun 15, 2017
269 posts
70 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.
--
ShrekTek.ca
Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
jigsatics wrote:
Nov 10th, 2017 11:28 am
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
Officers notes are pretty much as good as they get. You will not beat this ticket without hiring a paralegal AND an expert witness that can testify to the problems with LIDAR. Most likely the cost to do this will far outweigh the increase in insurance.

So your best bet is to show up for trial and talk to prosecutor before trial starts and tell them you will plead guilty to 15 over. If they say no, then you can TRY to fight it (but if you lose they will raise it back up to 25 over) or you can just plead guilty to 20 over when you get called up and tell JP all your financial sorrows to try and get fine reduced.
--
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
Nov 9, 2017
2 posts
ShrekTek wrote:
Nov 10th, 2017 9:56 pm
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.
Thanks for the feedback.

1- How can I file for disclosure to Hamilton court?
2- I have 10 days to mail this ticket back or call them I guess. What if the prosecutor calls me before I get the disclosure notes?
3- If the officer OR interpreter does not show would the charges be dropped or would they ask me to go again? (in which case it's not worth it)
Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
snowhite445 wrote:
Nov 11th, 2017 5:01 pm
Thanks for the feedback.

1- How can I file for disclosure to Hamilton court?
2- I have 10 days to mail this ticket back or call them I guess. What if the prosecutor calls me before I get the disclosure notes?
3- If the officer OR interpreter does not show would the charges be dropped or would they ask me to go again? (in which case it's not worth it)
If you do Early Resolution to meet with prosecutor then you will not have disclosure for this meeting and you will not have an interpreter. Disclosure is not requested until AFTER you ask for a trial date and have received your Notice of Trial. That is why you would say you want to see disclosure before you decide to accept deal AND also say you want trial with interpreter.

You can also plead not guilty and request a trial with officer present AND an interpreter in your chosen language. When you get your Notice of Trial, then you send letter requesting disclsosure. In this case you show up for trial and meet the prosecutor before trial. If they offer a deal you like then you accept it and if not then you either just plead guilty to the charge OR plead not guity and have your trial.

If somebody does not show up at your first appearance then most likely they will try to reschedule. You can object and complain if you want, and maybe they might drop it.
--
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
Sr. Member
May 10, 2006
884 posts
302 upvotes
Toronto
ShrekTek wrote:
Nov 10th, 2017 9:56 pm
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 requested for an interpreter when I asked for a trial but there's nothing on the notice of trial indicating that. On the date of trial, do they already know that I requested for one or do I have to ask again?
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Sr. Member
May 10, 2006
884 posts
302 upvotes
Toronto
ShrekTek wrote:
Nov 10th, 2017 10:02 pm
Officers notes are pretty much as good as they get. You will not beat this ticket without hiring a paralegal AND an expert witness that can testify to the problems with LIDAR. Most likely the cost to do this will far outweigh the increase in insurance.

So your best bet is to show up for trial and talk to prosecutor before trial starts and tell them you will plead guilty to 15 over. If they say no, then you can TRY to fight it (but if you lose they will raise it back up to 25 over) or you can just plead guilty to 20 over when you get called up and tell JP all your financial sorrows to try and get fine reduced.
Thanks for your help. I guess the wrong direction (eastbound as opposed to westbound) doesn't count for anything? I haven't been on a trial before. Do you actually see if the policeman who caught you is present prior to meeting with the prosecutor before trial starts?
Mobile: $40 - Telus Student 50 Plan MTM ($10 BYOD) - 500 mins anytime, eve/wknds @ 5PM, 5GB data, unl text, FAV10, CID and VM25
Cable/Internet: $104+tax - VIP, Gigabit, PVR, HD Box
Home Phone: $0 - Obi200/FPL with Google Voice (free call Can/US)

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