Automotive

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

Sr. Member
Jul 20, 2009
599 posts
93 upvotes
Toronto
Hello @ShrekTek ,

Thank you for all your help so far. I was finally able to get my disclosure . I used the form from the first post. Do you have any suggestions on how to defend? I don't see any reference of the radar being tested or records of that.

passed sign app veh
blk 4dr jeep pass lane
b3 radar front mov same
100km hr
sunny dry
w of lawson rd
caught up to veh fast
2000
2035
photo id
stopped on hwy 2a e

Collision involved: N
Witnesses: N
Memo Book Notes w/ Evidence: N
In-Car Video of Offence: N
Conversation Audio only: N

The officer lowered it to 90km/hr in a 60 instead of the 100. I don't agree that I was going 100(Weird that it was an exact 100) considering I was stopped at the light about 500M before.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
P0rkchop wrote:
Jan 5th, 2018 10:47 am
Hello @ShrekTek ,

Thank you for all your help so far. I was finally able to get my disclosure . I used the form from the first post. Do you have any suggestions on how to defend? I don't see any reference of the radar being tested or records of that.

passed sign app veh
blk 4dr jeep pass lane
b3 radar front mov same
100km hr
sunny dry
w of lawson rd
caught up to veh fast
2000
2035
photo id
stopped on hwy 2a e

Collision involved: N
Witnesses: N
Memo Book Notes w/ Evidence: N
In-Car Video of Offence: N
Conversation Audio only: N

The officer lowered it to 90km/hr in a 60 instead of the 100. I don't agree that I was going 100(Weird that it was an exact 100) considering I was stopped at the light about 500M before.
Was the offier approaching you from opposite direction and then turned around? Or did you pass the officer going the same direction?

FYI if you go to trial and lose, they will raise the final speed back up to 100 in a 60 (40 over) instead of the reduced 30 over.

You are correct that there does not appear to be anything related to testing the device, however that does not mean the officer won't say they tested it before and after. I do not remember the case law off the top of my head that relates to this though. You would need to find the caselaw related to officers testing before and after. You would then need to question officer on whether they wrote the tests down in their notebook (maybe thats what the 2000 and 2035 are?). If they say no, then you need to try and get the officer to admit that maybe they did not really test it because if they did they would have written it down.
--
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
Jul 20, 2009
599 posts
93 upvotes
Toronto
ShrekTek wrote:
Jan 5th, 2018 3:45 pm
Was the offier approaching you from opposite direction and then turned around? Or did you pass the officer going the same direction?

FYI if you go to trial and lose, they will raise the final speed back up to 100 in a 60 (40 over) instead of the reduced 30 over.

You are correct that there does not appear to be anything related to testing the device, however that does not mean the officer won't say they tested it before and after. I do not remember the case law off the top of my head that relates to this though. You would need to find the caselaw related to officers testing before and after. You would then need to question officer on whether they wrote the tests down in their notebook (maybe thats what the 2000 and 2035 are?). If they say no, then you need to try and get the officer to admit that maybe they did not really test it because if they did they would have written it down.
Unfortunately I didn't see him until he was pulling me over. Based on his notes of Lawson and Kingston rd I think he was hiding on Lawson street which runs perpendicular but that's just speculation. I'm not too optimistic :( I guess with a court date next week there is not enough time to learn what the 2000 and 2035 mean. Would you recommend trying to contact the officer?
Member
Jul 21, 2007
457 posts
8 upvotes
Toronto
Hi fellow,

I have 3 tickets to fight in court next week (stop sign, speeding, documents), and I haven't request for disclosure. What do you guys think the best thing i can do (with little impact as possible)?

Thx
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
P0rkchop wrote:
Jan 5th, 2018 4:58 pm
Unfortunately I didn't see him until he was pulling me over. Based on his notes of Lawson and Kingston rd I think he was hiding on Lawson street which runs perpendicular but that's just speculation. I'm not too optimistic :( I guess with a court date next week there is not enough time to learn what the 2000 and 2035 mean. Would you recommend trying to contact the officer?
No you dont contact the officer. But you can send another request to the prosecutor requesting more specific information on either what certain abbreviations means or what those numbers mean. At trial date, they may have you speak directly to officer so you can ask him what they mean.

From the officers notes, the radar appears to be a vehicle mounted radar and he used the front antenna in same direction mode. Vehicle mounted radars are either pointed straight forward or straight backwards so they can not pickup vehicles coming from the side and can only pickup vehicles coming at or moving away from the vehicle. Front means it was a front mounted antenna pointing forward. Mov means it was in moving mode. Same means it was in same direction mode which means it can only pickup a vehicle moving the same direction as the police vehicle and would NOT pickup a vehicle coming towards it.

Whats confusing to me is it says "passed sign app veh" which to me I think means that your vehicle was APPROACHING the officer so it was going in the opposite direction. If the officer had the radar is SAME moving mode then the device would NOT pickup an approaching vehicle.
--
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
Carzzz wrote:
Jan 5th, 2018 6:30 pm
Hi fellow,

I have 3 tickets to fight in court next week (stop sign, speeding, documents), and I haven't request for disclosure. What do you guys think the best thing i can do (with little impact as possible)?

Thx
Show up for your court date and bring valid copies of any documents you did not have with you that you got the tickets for.

Speak to the prosecutor before trial and see if they will drop the document charges if you plead guilty to the stop sign and speeding ticket charge. And see if they will reduce the speeding ticket down as well (does not hurt to ask).

The prosecutor has no obligatio to offer you any deals at all, but a lot of times they will drop paperwork tickets for guilty pleas on the other ones.

If the prosecutor will not give you any kind of deal, then say you would like set another trial date and get disclosure so you can seek legal advice.
--
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
Oct 13, 2014
1315 posts
654 upvotes
Somewhere, ON
ShrekTek wrote:
Jan 6th, 2018 11:18 am
Whats confusing to me is it says "passed sign app veh" which to me I think means that your vehicle was APPROACHING the officer so it was going in the opposite direction. If the officer had the radar is SAME moving mode then the device would NOT pickup an approaching vehicle.
It most likely means the P.V. passed a posted speed limit sign as the P.V. was approaching the suspect vehicle from behind. Meaning the suspect vehicle had also passed the posted speed limit sign.
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Clues accumulated'"
Newbie
Jun 12, 2017
73 posts
14 upvotes
Just wanted to give OP a quick update. I got nailed for a 'Failure to stop on right for emergency vehicle' a few months ago and had my court date on January 2, 2018. No police officers showed up so I think everyone in the room got lucky. All charges were either reduced and mine was completely withdrawn. I ran out of that courtroom as fast as possible. Thank you OP for all of your advice. I felt that I was adequately prepared for the court date because of your advice/tips.
Member
Jun 16, 2008
261 posts
20 upvotes
ShrekTek wrote:
Jan 4th, 2018 10:19 am
Is there an Early Resolution option? This is a rare case where early resolution MIGHT be beneficial. You show up with copy of your valid ownership and if prosecutor is in a good mood they MAY drop it (they are under no obligation to drop it though). The advantage to early resolution is that the prosecutor will probably not have disclosure so they will not know you got pulled over for something else.

If no early resolution option then plead Not Guilty and request a trial with the officer present. Bring copy of your valid ownership and if prosecutor is in a good mood they MAY drop it (they are under no obligation to drop it though).
Would you be able to tell me if they can increase the ticket to the original issue of not stopping on the stop sign based on the review of the case in the trial or is the max charge going to be not showing the ownership as whats stated on the ticket? Thanks
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
SauceLife wrote:
Jan 6th, 2018 8:37 pm
Just wanted to give OP a quick update. I got nailed for a 'Failure to stop on right for emergency vehicle' a few months ago and had my court date on January 2, 2018. No police officers showed up so I think everyone in the room got lucky. All charges were either reduced and mine was completely withdrawn. I ran out of that courtroom as fast as possible. Thank you OP for all of your advice. I felt that I was adequately prepared for the court date because of your advice/tips.
Congratulations on the win!
--
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
yugo wrote:
Jan 6th, 2018 11:53 pm
Would you be able to tell me if they can increase the ticket to the original issue of not stopping on the stop sign based on the review of the case in the trial or is the max charge going to be not showing the ownership as whats stated on the ticket? Thanks
No they can not change the charge. Worst case is fail to show ownership.
--
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
Jul 21, 2007
457 posts
8 upvotes
Toronto
Thanks!
I wasn't speeding the officer claim (75) and he said he lowered it (69).
Is there a way to defend or fight it?
Newbie
Jan 6, 2018
1 posts
I have two questions:

1. Is there any way to reopen a speeding ticket trial after a conviction? (we failed to show up at the hearing)
2. How late is too late to ask for disclosure? The trial is scheduled for January 25, 2018
Newbie
Jan 6, 2018
2 posts
Hi Shrek,

I made a right turn at an intersection at 8 am and there was a cop car camping, which stopped me and gave me a ticket for disobey signs. It was a snowy day and the previous night, it snowed at least 15 cm. The vehicle in front of me did not brush off their snow off the roof of the car, so I was unable to see the "do not turn right, 7-9am, mon-fri" signs. I requested disclosure and did not receive it until the court date, which the judge was able to postpone the trial date. When I requested the disclosure, I did not provide a phone number, but I was not given any notice to come pick up the disclosure in person. The disclosure reads as follows:

Southbound and turns right at intersection
I'm in a grey car parked opposite
2 signs Clear, Slush -2
Signs checked

It was light snow at the time, with 20 cm of snow on the ground, which I have records from climate.weather.gc.ca. I've never had a traffic ticket before and I was wondering if you could offer any advice. Thank you very much in advance!
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
Carzzz wrote:
Jan 7th, 2018 11:21 am
Thanks!
I wasn't speeding the officer claim (75) and he said he lowered it (69).
Is there a way to defend or fight it?
Plead not guilty and request a trial with the officer present. Once you get a trial date then request disclosure (officers notes). Once you get the notes, post them here so we can review.

If the officers notes are good, then most likely the JP would believe the officer over you and you would lose (unless you have video or another witness that can confirm your side of the story). You can just the ticket anytime before the trial so there is no downside to requesting disclosure.
--
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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