Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Jr. Member
Nov 9, 2017
108 posts
4 upvotes
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)
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Deal Addict
May 10, 2006
1033 posts
341 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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Deal Addict
May 10, 2006
1033 posts
341 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: $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)
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
7350 posts
605 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)?
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Sr. Member
Apr 24, 2013
513 posts
262 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?
I got Fido $15/month plan.
Sr. Member
Apr 24, 2013
513 posts
262 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?
I got Fido $15/month plan.
Sr. Member
Apr 24, 2013
513 posts
262 upvotes
Toronto
Anyone experienced it?
I got Fido $15/month plan.
Sr. Member
Jan 23, 2017
807 posts
643 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?
Sr. Member
Jun 15, 2017
736 posts
163 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.
--
Sr. Member
Jun 15, 2017
736 posts
163 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.
--

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