Automotive

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

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Oct 2, 2016
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superfunkey wrote:
Nov 28th, 2017 1:29 am
i donno if you guys can help but anything is better then nothing.
so i got a red light ticket (non photo kind) but it was still mailed too me i was not pulled over and with the ticket is a letter stating the cop saw me do it but couldnt pull me over im like 99% sure i did not run a red light never done it before and not starting anytime soon the ticket has a street name and a date but no time and i just have no idea wtf even is going on and where too start im going too fight it but i mean i dont even have a defence cause i have no idea what i did too get it or how?

theres a spot on the ticket "the offence notice" is checked but the part where it says he handed it too me is crossed out????
any thoughts ??????
The specifics of this question would likely be best addressed by contacting a licenced paralegal in your area (assuming you are in Ontario) and providing them a copy of your offence notice for review. Virtually all paralegals will review cases without cost or obligation to provide you with some basic information.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Member
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Aug 13, 2004
394 posts
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Toronto
Hi @ShrekTek

Got a speeding ticket for overtaking an erratic driver (the driver had his left turn signal on for some reason while in the left lane on a bridge). Speed up to go around them and was clocked 75km in a 50km zone (I'm sure that spot must be a common speed trap, since it's a long bridge)
Officer gave me a ticket $118.75 + 3 demerits.

3 options:


1) plea guilty and pay

2) early resolution - meet with prosecutor ------- What's the point of this? Is it worthwhile?

3) request trial to plead not guilty

Thanks!
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alphachino90 wrote:
Nov 20th, 2017 1:26 pm
Hi guys,

I got a speeding ticket back in Oct 2017 and have plead not guilty and waiting for court's letter for trial date.
I need to change the address on my license. Can this affect my case in any way?
Any comments / suggestions regarding this?
Yes. the MTO and the Courts are completely separate. Updating your address with the MTO only will not update your address with the court. This is a fairly common mistake made by self-represented defendants who end up convicted due to having not received a court notice, or worse yet end up with a suspended driver's licence due to a missed Notice of Fine and Due Date.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
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Vicky2010 wrote:
Nov 29th, 2017 9:48 pm
Hi. Here is my situation and I hope someone can advise.

My wife got a speeding ticket for going 70 in 50 zone and due to nervousness was unable to find the insurance card that was in the car. We got a trial date coming up and have got a disclosure as per below. Can you give some advise on how to tackle this situation. I am not worried about the insurance card as we have been paying insurance forever with no missed payments and have the insurance card that shows we had insurance coverage. Can you find any mistake in the disclosure? If they correct something on their notes, do they need to have their initials on it?
At 20 km/h over the posted speed limit, the charge carries 3 demerit points, generally a minor offence for most insurers. While the Fail To Surrender Insurance Card offence carries no demerit points, it is still an insurance related offence and may increase your insurance rate by 3-5%; your broker can provide you with more accurate information. Whether or not the Speeding offence goes to conviction as a 0 or a 3 demerit point Speeding offence may have no difference on the impact to insurance cost, where as having the insurance card offence withdrawn may. Again, this would be an issue best addressed with your broker. You can generally get a better review of the issues at play by contacting a licenced paralegal in your area. Generally most will do so without cost and they will likely have some questions regarding the details of the offence and her case history.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
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FJ2067 wrote:
Nov 30th, 2017 11:15 am
Hi @ShrekTek

Got a speeding ticket for overtaking an erratic driver (the driver had his left turn signal on for some reason while in the left lane on a bridge). Speed up to go around them and was clocked 75km in a 50km zone (I'm sure that spot must be a common speed trap, since it's a long bridge)
Officer gave me a ticket $118.75 + 3 demerits.
Correct. At 25 km/h over the posted speed limit, the offence would carry 3 demerit points. Depending on jurisdiction, option 2 or 3 would be the most common filings depending on the local court process. Early resolution meetings are an opportunity for the defence and prosecution to sit down for an informal review of evidence to ideally reach consensus over who would reasonably win the trial based on the merits of the prosecution's evidence. Generally, if the case is a clear-cut defence trial the Prosecutor would simply agree to withdraw the offence on the trial date (you still need to attend). If the matter would clearly, or likely, go in the favour of the Prosecutor winning at trial, then negotiating to a lesser offence may be the better route to go. If no mutually agreeable resolution can be reached, then the matter will be resolved by way of trial.

Being an absolute liability offence, what you've described is not a defence. However, that does not preclude other defences being available to you at trial.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
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Aug 13, 2004
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Toronto
OTDLegal wrote:
Nov 30th, 2017 11:46 am
Correct. At 25 km/h over the posted speed limit, the offence would carry 3 demerit points. Depending on jurisdiction, option 2 or 3 would be the most common filings depending on the local court process. Early resolution meetings are an opportunity for the defence and prosecution to sit down for an informal review of evidence to ideally reach consensus over who would reasonably win the trial based on the merits of the prosecution's evidence. Generally, if the case is a clear-cut defence trial the Prosecutor would simply agree to withdraw the offence on the trial date (you still need to attend). If the matter would clearly, or likely, go in the favour of the Prosecutor winning at trial, then negotiating to a lesser offence may be the better route to go. If no mutually agreeable resolution can be reached, then the matter will be resolved by way of trial.

Being an absolute liability offence, what you've described is not a defence. However, that does not preclude other defences being available to you at trial.

Thanks @OTDLegal

Thanks - I'm mostly interested in making sure my insurance isn't impacted. Do you think "negotiating to a lesser offence" would reduce impact to my insurance?
Basically I don't care about the demerits or the fine - this is the first time I've ever been pulled over in 20 years of driving. Would like to wrap this up as quick as possible and not have my rates increase.

Thanks once again
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FJ2067 wrote:
Nov 30th, 2017 12:00 pm
Thanks - I'm mostly interested in making sure my insurance isn't impacted. Do you think "negotiating to a lesser offence" would reduce impact to my insurance?
Basically I don't care about the demerits or the fine - this is the first time I've ever been pulled over in 20 years of driving. Would like to wrap this up as quick as possible and not have my rates increase.
Generally, most insurers will group 0 or 3 point Speeding offences together as minor offences for risk assessment. Some may even include 4 demerit point speeding offences as being a minor offence. Depending on jurisdiction and Prosecutor it may be possible to negotiate to a non-moving violation. For insurance questions, your broker is licenced and experienced to field specific questions about your policy.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.
Sr. Member
Jun 15, 2017
736 posts
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Ontario, Canada
Vicky2010 wrote:
Nov 29th, 2017 9:48 pm
Hi. Here is my situation and I hope someone can advise.

My wife got a speeding ticket for going 70 in 50 zone and due to nervousness was unable to find the insurance card that was in the car. We got a trial date coming up and have got a disclosure as per below. Can you give some advise on how to tackle this situation. I am not worried about the insurance card as we have been paying insurance forever with no missed payments and have the insurance card that shows we had insurance coverage. Can you find any mistake in the disclosure? If they correct something on their notes, do they need to have their initials on it?

(removed the date in pic1 due to privacy reasons)
Your text to link here...

Thanks.
In Ontario?

The disclosure is hard to read. Is there information about radar/lidar device used and when they tested the device?

As far as Failing To Produce Insurance card, a lot of times the prosecutor may offer to drop this charge if you plead guilty to the speeding ticket.

If you take the charge to trial you will lose... the charge is for Not Providing An Insurance Card (completely unrelated to not having insurance). She did not provide the card, so is guilty.
--
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
Happy2017 wrote:
Nov 29th, 2017 10:01 pm
Hi ShrekTek,
Do I need to show that I made reasonable effort to stop but I could not so I passed the stop line on yellow light? I think they may ask why I did not stop for the amber light. Will this impact my defense even though the charge was failed to stop at red light? Any suggestions on how to answer these type of questions.

Thanks a lot!
No. The charge is for passing the white line on a red. If you passed it when it was yellow then you are not guilty of the charge. Your reason for not stopping or slowing down is irrelevent.
--
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
FJ2067 wrote:
Nov 30th, 2017 11:15 am
Hi @ShrekTek

Got a speeding ticket for overtaking an erratic driver (the driver had his left turn signal on for some reason while in the left lane on a bridge). Speed up to go around them and was clocked 75km in a 50km zone (I'm sure that spot must be a common speed trap, since it's a long bridge)
Officer gave me a ticket $118.75 + 3 demerits.

3 options:


1) plea guilty and pay

2) early resolution - meet with prosecutor ------- What's the point of this? Is it worthwhile?

3) request trial to plead not guilty

Thanks!
Most of the time I find option 2 to be a waste of time as you can meet with the prosecutor before trial and discuss plea deals then as well.

FYI Passing somebody because they were driving erratic is not a defense to speeding.
--
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
FJ2067 wrote:
Nov 30th, 2017 12:00 pm
Thanks @OTDLegal

Thanks - I'm mostly interested in making sure my insurance isn't impacted. Do you think "negotiating to a lesser offence" would reduce impact to my insurance?
Basically I don't care about the demerits or the fine - this is the first time I've ever been pulled over in 20 years of driving. Would like to wrap this up as quick as possible and not have my rates increase.

Thanks once again
Insurance does not look at demerits points, so 0 demerit speeding (1 to 15 over) and 3 demerit speeding (16 to 29 over) has the exact same consequences as far as insurance goes which means it may cause an increase. And prosecutors are not allowed to offer plea deals from speeding to a different charge... they can only over a reduction on the speed.

So if insurance increase is what you want to avoid then you will need to try and beat the ticket at trial. Most self-represented people will lose if they try to do this. Most paralegals are not interested in taking speeding to trial because they can't usually beat it. There would need to be significant problems with officers notes to beat it at trial, OR you need to hire a paralegal and an expert witness that can testify to the issues with radar/lidar.
--
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
Happy2017 wrote:
Nov 30th, 2017 3:18 pm
Thanks so much. Hopefully I have good news on the trail next week. :O)
Yes hope you have fun on the trail (watch out for bears), and also hope your trial goes well too! lol
--
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
User avatar
Oct 2, 2016
190 posts
23 upvotes
ShrekTek wrote:
Nov 30th, 2017 3:47 pm
And prosecutors are not allowed to offer plea deals from speeding to a different charge... they can only over a reduction on the speed.

So if insurance increase is what you want to avoid then you will need to try and beat the ticket at trial. Most self-represented people will lose if they try to do this. Most paralegals are not interested in taking speeding to trial because they can't usually beat it. There would need to be significant problems with officers notes to beat it at trial, OR you need to hire a paralegal and an expert witness that can testify to the issues with radar/lidar.
Your assertion regarding the amendment of speeding offences would be incorrect. What are you basing this opinion on?

There would generally be no benefit to a defendant or a paralegal to hire an expert witness on a Speeding matter as anything provided by a court-recognized expert-witness is already supported by established case law.

Taking a Speeding offence to trial is often times a poor legal decision as the likely outcome should be fairly evident after a review of evidence with the Prosecutor. If the case is a clear cut defence matter, there should be agreement to have the charge withdrawn on the trial date. If the case is a clear cut Prosecution case, negotiate to a lesser offence. If there is no agreeable resolution or if the defendant wants trial only, then you run the trial.
OTD Ticket Defenders Legal Services. The content of this message is not meant to be legal advice.

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