Automotive

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

Member
Sep 12, 2012
323 posts
66 upvotes
Toronto/Markham
I just received my court date in the mail for a speeding ticket and it isn't until late next year. My court date is 13 months after the issue date of the ticket. If I do not apply for a stay will the prosecutor drop the charges? Or do I need to apply for a stay for them to drop the ticket? Also, should I apply for disclosure?
Newbie
Nov 13, 2017
2 posts
Hi there...I have my trial for speeding ticket approaching in a week's time. I completely forgot to ask for disclosure etc. Any advise what can I do right now?

When I got a ticket, there was another car in front of me. Both of us stopped when the cop came from behind but he let the other one go. Can I use this to my advantage at the trial?
Last edited by bhr2017 on Nov 14th, 2017 10:05 pm, edited 1 time in total.
Newbie
Nov 13, 2017
1 posts
i missed my court date ... i am wondering if they will raise my ticket to 24 over instead of the 15 over i was charged with
Deal Addict
User avatar
Mar 23, 2008
4728 posts
2307 upvotes
Edmonton
hamandcheese wrote:
Nov 14th, 2017 5:16 pm
I just received my court date in the mail for a speeding ticket and it isn't until late next year. My court date is 13 months after the issue date of the ticket. If I do not apply for a stay will the prosecutor drop the charges? Or do I need to apply for a stay for them to drop the ticket? Also, should I apply for disclosure?
Why would they drop the charges? The current measuring stick is 18 months. So if you want to fight it, you'll need to request disclosure and go to court.

C
Deal Addict
User avatar
Mar 23, 2008
4728 posts
2307 upvotes
Edmonton
bhr2017 wrote:
Nov 14th, 2017 10:05 pm
Hi there...I have my trial for speeding ticket approaching in a week's time. I completely forgot to ask for disclosure etc. Any advise what can I do right now?

When I got a ticket, there was another car in front of me. Both of us stopped when the cop came from behind but he let the other one go. Can I use this to my advantage at the trial?
The fact that the other guy didn't get snagged has no bearing on your ticket, unless you can prove that the cop had picked out the wrong car. But without more information (and disclosure), you're not going to get much help.

C
Deal Addict
User avatar
Mar 23, 2008
4728 posts
2307 upvotes
Edmonton
crunner wrote:
Nov 14th, 2017 10:30 pm
i missed my court date ... i am wondering if they will raise my ticket to 24 over instead of the 15 over i was charged with
You should have been convicted of the 15 over. Time to pay up, or you could try to re-open the case if you think there's actually some grounds to fight it.

C
Member
Jun 15, 2017
258 posts
69 upvotes
Ontario, Canada
hamandcheese wrote:
Nov 14th, 2017 5:16 pm
I just received my court date in the mail for a speeding ticket and it isn't until late next year. My court date is 13 months after the issue date of the ticket. If I do not apply for a stay will the prosecutor drop the charges? Or do I need to apply for a stay for them to drop the ticket? Also, should I apply for disclosure?
The timeline has been changed to 18 months, unless you can come up with some really good arguments otherwise.

Read this thread:
https://forums.redflagdeals.com/ask-me- ... #p27683529
--
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
258 posts
69 upvotes
Ontario, Canada
bhr2017 wrote:
Nov 14th, 2017 10:05 pm
Hi there...I have my trial for speeding ticket approaching in a week's time. I completely forgot to ask for disclosure etc. Any advise what can I do right now?

When I got a ticket, there was another car in front of me. Both of us stopped when the cop came from behind but he let the other one go. Can I use this to my advantage at the trial?
When you get to trial, just play dumb and say you want to get disclosure and didn't know you had to ask ahead of time and they will reschedule you a new trial date.
--
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
258 posts
69 upvotes
Ontario, Canada
crunner wrote:
Nov 14th, 2017 10:30 pm
i missed my court date ... i am wondering if they will raise my ticket to 24 over instead of the 15 over i was charged with
No. They can not amend the ticket up unless you actually show up for the 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
Sep 12, 2012
323 posts
66 upvotes
Toronto/Markham
CNeufeld wrote:
Nov 15th, 2017 10:16 am
Why would they drop the charges? The current measuring stick is 18 months. So if you want to fight it, you'll need to request disclosure and go to court.

C
Thanks. I thought the 10 months still applied.
Newbie
Nov 13, 2017
2 posts
ShrekTek wrote:
Nov 15th, 2017 10:31 am
When you get to trial, just play dumb and say you want to get disclosure and didn't know you had to ask ahead of time and they will reschedule you a new trial date.
Thanks ShrekTek, this is my first time ever - any advice/strategies on how I can find out whether the cop is present or not? Coz if the cop is absent, I need not even ask for disclosure. And if I am correct, I should not tell the prosecutor that I will be asking for disclosure but say that only in front of the judge. Should I send a representative instead or go myself?
Deal Guru
Sep 2, 2008
10134 posts
585 upvotes
Toronto parking question here.

I have an older ticket with a court date scheduled, from before the APS system was implemented. Does anyone know if you actually go to the dispute resolution office would I be able to have my case heard there? Would be much more convenient than booking time off work to go to court for a parking ticket.
Member
Sep 13, 2012
211 posts
72 upvotes
Vaughan, ON
I received an offence notice earlier today in the city of Mississauga:

"Contrary to Mississauga By-Law 555/2000"

There is no By-Law 555/2000 in the city of Mississauga; however, there is By-Law 555-00. Would this be considered a fatal error?

Any insight and/or suggestions on best course of action?

Thanks for any and all assistance offered.
Newbie
Apr 9, 2013
13 posts
Mississauga
I'll be using this post to document my current experience, and ask for clarification on a couple of things.

I have a trial for a stop sign violation on Monday, in Mississauga. It occured during mid-August, in a residential area that was being monitored as a problem spot for these kinds of offenses.

After debating to pay it off and get it over with, I decided to go the trial route. I procrastinated on going to the process until the 15th day, when I went to the Ontario Court of Justice to initiate that process.

I did not know about obtaining disclosure until October 26 through an acquaintance that fought his ticket, and requested to obtain it on that same day. I asked to receive it by e-mail. As I applied, I saw that it tends to take 4-6 weeks to obtain it. That only gave me a little over three weeks.

Today, I followed up with the Ontario Court of Justice over the phone, and the disclosure is not ready. From what I understand, I can request a postponement/rescheduling at my trial, as my disclosure was not ready and even when the officer provides his notes, I will not have enough time to prepare a defence with it now in hand. However, I may need to stress my lack of knowledge about the disclosure process if/when they press me about submitting it in late October.

I realize that I admitted fault to the officer after he handed me my ticket. I understand that if he wrote that in his notes, I will be convicted. Meanwhile, I'm trying to prepare my case in case he did not. It was dry that day with enough daylight, so those factors cannot be used.

One thing that I wanted clarification on: I notice that he misspelled one of the street names. I assume that won't be enough to get the ticket cancelled, right? Even then, I'm thinking of using it as a point to question his condition/alertness. I remember that the officer wore glasses, so I'm thinking I could also use this as a point in my defence. Of course, all of this is dependent on whether he noted my admission of fault.

Are there any other factors I could be missing to build a case?

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