Automotive

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

Member
Jun 15, 2017
337 posts
79 upvotes
Ontario, Canada
OTDLegal wrote:
Dec 1st, 2017 12:30 pm
A trained and regulated legal representative should provide a defendant with a rational and cost-effective defence. This would not seem to be a cost-effective advantage at court, however I would certainly be willing to have myself or one of my staff discuss it with you. I looked at your website at did not see your name, address, or telephone number to contact you. If you'd like to provide that via private email I'd be happy to review any such benefit.

I would have some initial questions. What is your professional training and experience to qualify as an expert witness in this subject matter? What jurisdictions have you appeared before and which Justice(s) have recognized you as an expert witness?
I agree that for most people, it is not going to be a cost effective solution to hire a paralegal to take a speeding ticket to trial and additionally hire an expert witness on top of that. With MINOR speeding infractions, most people may see an increase in insurance that is probably less than $500 over a 3-year period, so the cost of trial + expert witness would most likely exceed that (with no guarantee of a win).

However if DEMERITS are an issue that could lead to suspension, or the ticket is considered SERIOUS (like speeding 50+ or stunt driving) which could lead to huge increases in insurance, then it may the only worthwhile a defendant has to try.

I was not suggesting that everybody should hire an expert witness to appear on their behalf in every speeding trial. What I am suggesting though, is that the one way you can beat a speeding ticket where the officer has good notes and there does not appear to be any defeciencies/defects in the prosecutions case, is to hire an expert witness that can bring contradictory evidence to the officers testimony. Good/proper contradictory evidence is the key to showing that just because an officer believes their radar/lidar is accurate does not mean it is.

I have mentioned it in previous threads that I am a qualified radar/lidar instructor and a qualified radar/lidar technician with 20 years experience working in electronics. I have not yet testified before any court as an expert witness, but am highly interested in doing so. I am very interested in finding a paralegal that is willing to try and beat speeding tickets (when it is a cost effective solution for their customer) that I can work with.

I will send you an PM shortly.

Thanks
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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
337 posts
79 upvotes
Ontario, Canada
theBasher91 wrote:
Dec 2nd, 2017 10:09 am
Got dinged for going 130 in a 100 on the 401 by the air patrol. A cop then stopped me informing that he got word from Air patrol and then gave me a ticket. Although I know I wasn't cruising at that speed (120 max), I may have been going 130 at one point, but can't remember for sure.

Any advice regarding arguing speeding tickets from Air patrol?
What province?

In a case where one officer sees you speeding and another one stops you and gives you a ticket, they BOTH have to appear in court to testify. If one of them is not there, the ticket should get dropped.

You should plead Not Guilty and request a trial with ALL officers present. Once you get your notice of trial, you can request disclosure (copy of notes from ALL officers involved).
Last edited by ShrekTek on Dec 2nd, 2017 1:35 pm, edited 1 time in total.
--
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
Sr. Member
May 24, 2013
574 posts
98 upvotes
ShrekTek wrote:
Dec 2nd, 2017 1:35 pm
What province?

In a case where one officer sees you speeding and another one stops you gives you a ticket, they BOTH have to appear in court to testify. If one of them is not there, the ticket should get dropped.

You should plead Not Guilty and request a trial with ALL officers present. Once you get your notice of trial, you can request disclosure (copy of notes from ALL officers involved).
Thanks for the informative reply, I had no idea both were required. This occurred in Ontario (close to Windsor) last sunday (6 days ago).
Member
Jun 15, 2017
337 posts
79 upvotes
Ontario, Canada
theBasher91 wrote:
Dec 2nd, 2017 1:37 pm
Thanks for the informative reply, I had no idea both were required. This occurred in Ontario (close to Windsor) last sunday (6 days ago).
Once you get notes, post them back here so we can review their case.
--
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
Sr. Member
May 24, 2013
574 posts
98 upvotes
ShrekTek wrote:
Dec 2nd, 2017 8:31 pm
Once you get notes, post them back here so we can review their case.
Will do, thanks. First time going to a prosecutor. Should bring a notepad/laptop for notetaking?
Member
Jun 15, 2017
337 posts
79 upvotes
Ontario, Canada
theBasher91 wrote:
Dec 2nd, 2017 8:43 pm
Will do, thanks. First time going to a prosecutor. Should bring a notepad/laptop for notetaking?
Why are you going to see prosecutor? Did you choose the early resolution meeting option?

I suggest you plead Not Guilty and request a trial with officers present option instead..

Regardless whenever going to provincial offences or court you should always take notes.
--
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
Sr. Member
Jul 20, 2009
535 posts
63 upvotes
Toronto
I requested disclosure a few months ago and never got a response (paid for tracking). With my court date in January, should I request again?
Newbie
Dec 3, 2017
3 posts
Hi djino,

This is an old thread but I hope you are still there and can answer my questions.

I've got a ticket for failing to stop at a stop sign; I guess my stop at stop sing was not long enough. I'd like to plea this ticket, so, I am going to request a trial date, but can you tell me what happens if I lose the case in the court? What is the worst thing that one could expect?

Thank you for your useful information.
Member
Jun 15, 2017
337 posts
79 upvotes
Ontario, Canada
P0rkchop wrote:
Dec 4th, 2017 10:46 am
I requested disclosure a few months ago and never got a response (paid for tracking). With my court date in January, should I request again?
In Ontario call the Prosecutors office and ask if they received your request and if it is ready yet.
--
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
337 posts
79 upvotes
Ontario, Canada
reredflag wrote:
Dec 4th, 2017 11:52 am
Hi djino,

This is an old thread but I hope you are still there and can answer my questions.

I've got a ticket for failing to stop at a stop sign; I guess my stop at stop sing was not long enough. I'd like to plea this ticket, so, I am going to request a trial date, but can you tell me what happens if I lose the case in the court? What is the worst thing that one could expect?

Thank you for your useful information.
In Ontario the worst thing that can happen is that you learned something about how our (un)justice system works, and you still have to pay the same fine you had to pay before.

Remember that falling to stop at a stop sign has nothing to do with how long you stopped for. Your vehicle must come to a complete stop BEFORE the white line (or before entering the intersection if no white line). The length of time only needs to be a fraction of second as long as you stopped completely.
--
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
Jan 6, 2007
6 posts
1 upvote
Markham
Hi ShrekTek:

I just found out this wonderful forum about fighting traffic ticket. Wish I know about it sooner.
My trial date is Dec 6th 2017, in two days.

I was driving 89km on a 60 km zone. Speed did not reduced on the charge.

Here are the details of my disclosure.

https://drive.google.com/open?id=11pVrc ... ebvy2dVIV6
https://drive.google.com/open?id=1tBSJh ... 7HGyYtNPUR

I also received a DVD footage.
The footage only contain the part where the officer use his siren and I drive to the shoulder. That is where his ask for my ID and issued the ticket.
Here is a map of where I think the officer was located and where the footage started.
He did not provide me footage where I was actually speeding.

https://drive.google.com/open?id=17EqVX ... qYQ5RTu-wi

My question are
1. What are the chance I will be dismissed at trial?
2. What are the chance the officer not show up that day?

Since it happened on 2016-11-01 and it is now over 1 year. Can I use that as one of my reason?

Hope I can hear from you soon.
Deal Addict
User avatar
Oct 17, 2007
1677 posts
252 upvotes
Toronto & north …
v_westwood wrote:
Dec 4th, 2017 4:04 pm
I was alleged to have been driving 89km on a 60 km zone.
Fixed that for you.
Deal Addict
User avatar
Dec 27, 2013
1050 posts
231 upvotes
Winnipeg
"136.(1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and ..."

I wonder how "at a marked line" is usually interpreted. Suppose there is a few car lineup at a 4-way stop intersection. If there is a car in front of me, I'll obviously stop behind it.. but if I then roll through the intersection, I suppose a ticket for failing to stop at a stop sign will be issued. Hence, I wonder if the defense that I did come to a complete stop behind a car in front of me will work. :) I bet it would work if it wasn't for this "shall stop.. at a marked stop line" line, but it seems that the prosecutor may argue that I did not stop at that line... Still, perhaps this line of defense can work if 1) there is no stop line, or 2) the car in front actually went over the stop line by 1/2 length or something..

Any comments?
Member
Jun 15, 2017
337 posts
79 upvotes
Ontario, Canada
v_westwood wrote:
Dec 4th, 2017 4:04 pm
Hi ShrekTek:

I just found out this wonderful forum about fighting traffic ticket. Wish I know about it sooner.
My trial date is Dec 6th 2017, in two days.

I was driving 89km on a 60 km zone. Speed did not reduced on the charge.

Here are the details of my disclosure.

https://drive.google.com/open?id=11pVrc ... ebvy2dVIV6
https://drive.google.com/open?id=1tBSJh ... 7HGyYtNPUR

I also received a DVD footage.
The footage only contain the part where the officer use his siren and I drive to the shoulder. That is where his ask for my ID and issued the ticket.
Here is a map of where I think the officer was located and where the footage started.
He did not provide me footage where I was actually speeding.

https://drive.google.com/open?id=17EqVX ... qYQ5RTu-wi

My question are
1. What are the chance I will be dismissed at trial?
2. What are the chance the officer not show up that day?

Since it happened on 2016-11-01 and it is now over 1 year. Can I use that as one of my reason?

Hope I can hear from you soon.
The officer will most likely be there. If you go to trial you will lose as the officers notes are good.

Best you can probably due is ask for a reduction. Ask for 15 over. Prosecutor has no obligation to offer you a reduction but might. They may not offer you 15 over but might offer you 20 or 25 over. Anyways 15 over or 29 over will affect your insurance the same, so might as well try and get reduction so fine is lower.
--
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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