Automotive

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

Newbie
Nov 11, 2017
1 posts
Received a ticket in Manitoba last week for imprudent driving. Was travelling at the speed limit off 100km/hr I’m light snow and the officer deemed this was too fast for the conditions and pulled me over and issued a ticket under 95(3) Mb Highway Traffic Act. I felt that the speed was safe in the conditions, tested my ability to brake and didn’t have any issues and visibility was fine. What are the chances of getting off based upon the defence of due diligence.

Additionally tickets in Manitoba indicate a 20 day window to respond between. I attended the court office to respond within that window and was told that the ticket wasn’t in the system yet so I’d have to come back another day. Is it that allowed?

Thanks in advance for any suggestions you might send my way!
Deal Fanatic
Jul 4, 2004
7218 posts
564 upvotes
Toronto
jigsatics wrote:
Nov 11th, 2017 11:43 pm
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?
Yes but they show up very regularly now, especially if they are divisional Traffic officers. Who was the officer who got you (name will be on the ticket)?
Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
jigsatics wrote:
Nov 11th, 2017 11:37 pm
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?
If you asked interpreter should be there.
--
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 11th, 2017 11:43 pm
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?
Direction is a minor issue. You would need to find fault with a lot more than that to beat it.

You can ask the prosecutor if the officer is there or is coming. They may or may not tell you. The only way to know for sure is if you recognize officer, but they do not need to be there at the beginning of the trial... they can show up later.
--
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
Jr. Member
Apr 24, 2013
197 posts
123 upvotes
Toronto
You mentioned you should not put phone # on disclosure request - but what about the initial trial request where you send your ticket to the address indicated? Should I put my phone number where it is indicated?

And how should I mail that initial paper - regular mail? or registered?
Jr. Member
Apr 24, 2013
197 posts
123 upvotes
Toronto
When I choose 'option 3' on the back of the traffic ticket, and I see the option to 'mail' it:

-Can I use regular mail? What happens if they don't receive it?
-Do I just send the ticket I got? or also a letter or something?
Member
Jan 23, 2017
367 posts
207 upvotes
Calgary
OKSpring wrote:
Jul 18th, 2017 7:30 am
I got a speeding ticket from Markham in early June and sent it to Newmarket requesting a trial date, haven't received anything yet.

Anyone else in a similar situation know how long it usually takes or you needed to follow up?
ShrekTek wrote:
Jul 18th, 2017 9:37 am
Best thing to do is call the Provincial Offences office in Markham and ask for the status. But it can take months sometimes before you get your trial date set, so this is not uncommon.
Update to this with a new question.

I've since moved back to Alberta, requested disclosure in August and did not receive any communication in return.

Trial date is in March if I recall. Where I'll be out of province I was thinking to pay for someone to represent me, but how do I go about even getting the disclosure that's yet to be sent after 2+ months?
Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
That information about not putting phone number is old and irrelevent. There is no longer any advantage to not putting a phone number because you are responsible to check on disclosure and see if it is ready anyways.
--
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
Regular mail is fine. Keep your receipt and make color scan or photocopy of both sides of ticket before you send it in. You do not need to send anything except the ticket.

If they don't get it, then you will be found guilty and you will need to request a RE-OPEINING and get a new trial date set.
--
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
Have you called to see if disclosure is ready?

If its ready, ask if they will scan and email to you or if they will mail copy to you. If no, then you will need to send somebody to pick it up for you.
--
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
Aug 26, 2017
3 posts
Hi,

I have a trial for hand held device. Wanted to seek your opinion on what my options are and what are my odds of beating this one?
On a clear summer day, early morning, at a red light (with 3 cars ahead of me) I took a glimpse of my GPS in a stationary car and kept the phone back in about 5 sec. The cop walked to me standing from the curb and asked me to present my phone to him. Without knowing what he is pulling me for I handed the phone and he gave me a ticket. he did not ask me question or let me explain anything, instead said I should fight it in court.
My trial date is in couple days, here is the disclosure below:

"Observe veh in L2 of 3, trying to get into L1 of 3. Observe driver through his side window, he is holding a cell phone in his left hand, screen lit up, chest height , he is looking at it. Blk iPhone, GPS visible.
ID on photo DL. No video evidence"

A couple contradictions in his version 1) I was not changing lane but stationary, 2) Was not in my left hand but right as I am right handed and 3) When he walked up to me and asked for my phone I picked it up and gave it to him and thats when he saw the GPS running on the phone.
So essentially it is his story versus mine.

What would you advise I should do ? I think my options are:
A) Plead guilty
B) Lie that I never touched the phone but it was a black notepad which from 2 lanes over might look like a phone
C) Acknowledge that I did look at it a for a few sec but the car was stationary and there was no light or heavy vehicles moving around me which is why he was able to walk to me and knock on my window so I am on the wrong side but it is a very minor infarction
d) Argue that since he got a few details wrong wonder what else might be incorrect
Deal Addict
User avatar
Mar 23, 2008
4737 posts
2310 upvotes
Edmonton
AcAc1984 wrote:
Nov 13th, 2017 11:42 pm
Hi,

I have a trial for hand held device. Wanted to seek your opinion on what my options are and what are my odds of beating this one?
On a clear summer day, early morning, at a red light (with 3 cars ahead of me) I took a glimpse of my GPS in a stationary car and kept the phone back in about 5 sec. The cop walked to me standing from the curb and asked me to present my phone to him. Without knowing what he is pulling me for I handed the phone and he gave me a ticket. he did not ask me question or let me explain anything, instead said I should fight it in court.
My trial date is in couple days, here is the disclosure below:

"Observe veh in L2 of 3, trying to get into L1 of 3. Observe driver through his side window, he is holding a cell phone in his left hand, screen lit up, chest height , he is looking at it. Blk iPhone, GPS visible.
ID on photo DL. No video evidence"

A couple contradictions in his version 1) I was not changing lane but stationary, 2) Was not in my left hand but right as I am right handed and 3) When he walked up to me and asked for my phone I picked it up and gave it to him and thats when he saw the GPS running on the phone.
So essentially it is his story versus mine.

What would you advise I should do ? I think my options are:
A) Plead guilty
B) Lie that I never touched the phone but it was a black notepad which from 2 lanes over might look like a phone
C) Acknowledge that I did look at it a for a few sec but the car was stationary and there was no light or heavy vehicles moving around me which is why he was able to walk to me and knock on my window so I am on the wrong side but it is a very minor infarction
d) Argue that since he got a few details wrong wonder what else might be incorrect
Unless you're willing to perjure yourself, A is your only option.

B) You'll likely lose "his story versus mine".
C) Doesn't matter if the car was moving or stationary, or what traffic was around you. There's no "major" or "minor" version of the ticket
D) The details you picked out don't matter. The important part is he saw you with the phone in your hand while you were operating a vehicle (stationary or not, you weren't parked).

C
Sr. Member
Sep 12, 2008
566 posts
192 upvotes
Hamilton, on
Sorry if this has already been answered. Received 2 tickets 14 days ago and went to the courthouse this morning for an Option 2 on both.

Ticket 1) Texting while driving .
Ticket 2) Invalid registration.

Ticket number 2 is actually bogus. My registration is 100% valid. Officer said I needed sticker on back of ownership to match plate ticket. I pointed out ownership was changed after sticker was purchased. Valid tag number is printed on front of ownership. I confirmed the same with MTO in person.

I have no issue with Ticket number 1 (Was at red light, but law is law). Was honestly hoping prosecutor might be able to help me out with ticket 1 given that ticket 2 was in error and wasted my time (I would have simply paid Ticket 1 and be done with it if not for officer error).

I have no problem if ticket number 1 goes nowhere and I am forced to pay, *BUT* reading online it sounds like If you go to trial for texting and driving and lose, the fine goes upto 1000$.

Question : Is that also the case for Option 2? I don't want to put a ton of effort into fighting it. I just figured since I was there for ticket 2 I should ask about ticket 1. If its going to cost me extra, than I would rather just pay.
Question2: Now that I have opted for an Option 2 on ticket 1, and the answer is "Yes, you will be dinged for more fees", can I just walk in an pay the ticket today?

Thanks in advance.
Member
Jun 15, 2017
269 posts
70 upvotes
Ontario, Canada
AcAc1984 wrote:
Nov 13th, 2017 11:42 pm
Hi,

I have a trial for hand held device. Wanted to seek your opinion on what my options are and what are my odds of beating this one?
On a clear summer day, early morning, at a red light (with 3 cars ahead of me) I took a glimpse of my GPS in a stationary car and kept the phone back in about 5 sec. The cop walked to me standing from the curb and asked me to present my phone to him. Without knowing what he is pulling me for I handed the phone and he gave me a ticket. he did not ask me question or let me explain anything, instead said I should fight it in court.
My trial date is in couple days, here is the disclosure below:

"Observe veh in L2 of 3, trying to get into L1 of 3. Observe driver through his side window, he is holding a cell phone in his left hand, screen lit up, chest height , he is looking at it. Blk iPhone, GPS visible.
ID on photo DL. No video evidence"

A couple contradictions in his version 1) I was not changing lane but stationary, 2) Was not in my left hand but right as I am right handed and 3) When he walked up to me and asked for my phone I picked it up and gave it to him and thats when he saw the GPS running on the phone.
So essentially it is his story versus mine.

What would you advise I should do ? I think my options are:
A) Plead guilty
B) Lie that I never touched the phone but it was a black notepad which from 2 lanes over might look like a phone
C) Acknowledge that I did look at it a for a few sec but the car was stationary and there was no light or heavy vehicles moving around me which is why he was able to walk to me and knock on my window so I am on the wrong side but it is a very minor infarction
d) Argue that since he got a few details wrong wonder what else might be incorrect
Who do you think they are going to believe? You or the police officer? If your not sure, the answer is the police officer. So unless you have video evidence or another witness to contradict officers version, you will most likely lose. The only other way to beat it is to cross-examine officer and get them to contradict their own story (which most likely wont happen).

NEVER EVER LIE to police or when on the witness. You can excercise your right to NOT say anything at all, but never lie. If you tell the truth it will just incriminate yourself, so always better to say nothing.

So up for trial and either fight it (with a 99% chance of losing) or see if you can get the fine reduced to save your self some money.
--
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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