Automotive

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

Sr. Member
Jun 15, 2017
645 posts
144 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.
--
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 Fanatic
User avatar
Mar 23, 2008
5699 posts
3013 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
568 posts
193 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.
Sr. Member
Jun 15, 2017
645 posts
144 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.
--
Member
Sep 12, 2012
425 posts
116 upvotes
Toronto
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
6 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 Fanatic
User avatar
Mar 23, 2008
5699 posts
3013 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 Fanatic
User avatar
Mar 23, 2008
5699 posts
3013 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 Fanatic
User avatar
Mar 23, 2008
5699 posts
3013 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
Sr. Member
Jun 15, 2017
645 posts
144 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.
--
Sr. Member
Jun 15, 2017
645 posts
144 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.
--
Sr. Member
Jun 15, 2017
645 posts
144 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.
--
Member
Sep 12, 2012
425 posts
116 upvotes
Toronto
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.

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