Automotive

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

Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
bugzy101 wrote:
Jan 30th, 2018 4:36 pm
Well my plan is to discredit the officer since in his notes he stated that i was a reckless driver or drunk which is weared since he followed me through residential area for 2 kilometer while i stop at each stop sign as well as in his statement he said i spoke perfect english when i askk whats his badge number which is a lie i simply said "badge ou" my plans is to wait and see if he will show up to court if he does i will be filling a complaint withthe oiprd for misconduct as well as the ministry of french services which most likely will get it drop but ya not a lawyer but i am some what familiar with the law. this is just a test run for me plus it will be my first time ever going to trail.
The best way to learn about court and trial is to do it, so go for it! But don't expect to discredit officer on the stand... with what you have said, you have nothing to really make the JP have a reasonable doubt about anything.

OIPRD is ex-cops looking out for current cops. Definitely file the complaint but don't expect it to go anywhere.
--
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
416905 wrote:
Jan 30th, 2018 9:44 pm
Q: In Toronto courts, when does it become apparent if the police officer is or isn't present? Will he or she be in uniform? Can I ask the Crown or judge directly if the officer is present?
Note the officer does not need to be there when court starts. They only need to be there when the prosecutor decides to call your case up before the JP, so the prosecutor can hold off on cases when they know the officer is running late but on their way.

You can ask prosecutor if officer will be there for trial. They may or may not tell you.

The only other way to know for sure if the prosecutor won't tell you, is to say you want to plead not guilty and take your charge to trial. In this case, all the non-trials will get dealt with first, then when it is your turn they will call you up and the prosecutor will say one of three things:
(1) We are ready to proceed (this means the officer is there).
(2) We would like to ask for an adjournment to another date as the officer could not be here (in this case you should object and say it would be a burden to have to come back again).
(3) The crown will not be proceeding and will be withdraing the charge (this means you win, probably because officer is not there).
--
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
Feb 29, 2016
109 posts
6 upvotes
ShrekTek wrote:
Jan 31st, 2018 8:46 am
What province?
What is exact wording on ticket and exact section number?
This happened in Mississauga, Ontario.

On the ticket,
Did commit the offence of: DRIVE HANDHELD COMMUNICATION DEVICE
Sec: 78 LCI (or something like this - not easily readable)
Sr. Member
Jun 20, 2010
991 posts
285 upvotes
My wife received a speeding ticket recently which was reduced by the officer. The code box on the ticket denotes "R" showing it was reduced.

Under the R in the same box also notes "V". Anyone know what this stands for?

Thanks
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
rohan1985 wrote:
Jan 31st, 2018 9:11 am
This happened in Mississauga, Ontario.

On the ticket,
Did commit the offence of: DRIVE HANDHELD COMMUNICATION DEVICE
Sec: 78 LCI (or something like this - not easily readable)
The charge is for HOLDING a communications device. The officer does not need to prove that it was even on or even capable of communicating. Officer will say they saw you holding the device... JP will find you guilty.

This is an absolute liability offence and therefore there is no excuse (except your life was in danger) that will matter. Either yes you were holding holding the device or no you were not. If you say you were not and officer says you were, who do you think they will believe?

You are only allowed to start/end a call from a device that is SECURELY MOUNTED in the 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
eclone wrote:
Jan 31st, 2018 9:24 am
My wife received a speeding ticket recently which was reduced by the officer. The code box on the ticket denotes "R" showing it was reduced.

Under the R in the same box also notes "V". Anyone know what this stands for?

Thanks
These boxes can pretty much be used for whatever they want, so it could mean anything. Plead not guilty, request a trial with officer present and then request disclosure (officers notes). In your disclosure request you can also request clarification about what the V means or anything else on the ticket.
--
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
Feb 29, 2016
109 posts
6 upvotes
ShrekTek wrote:
Jan 31st, 2018 11:27 am
The charge is for HOLDING a communications device. The officer does not need to prove that it was even on or even capable of communicating. Officer will say they saw you holding the device... JP will find you guilty.
So what should I do? Just pay the fine and get 3 demerit points? Or should I still try my luck just in case the officer doesn't show up.
Jr. Member
Feb 29, 2016
109 posts
6 upvotes
ShrekTek wrote:
Jan 31st, 2018 11:27 am
You are only allowed to start/end a call from a device that is SECURELY MOUNTED in the vehicle.
The below page mentions "You can use:
a hands-free device (e.g. Bluetooth) but only to turn it on and off
a mounted device (e.g. phone, GPS) as long as it is secure – not moving around while driving"

So can I enter an address on google maps when my phone is mounted on a device or not? How do Uber drivers access their phone if this is not allowed?

https://www.ontario.ca/page/distracted-driving
Newbie
Jan 3, 2018
2 posts
ShrekTek wrote:
Jan 31st, 2018 8:53 am
The best way to learn about court and trial is to do it, so go for it! But don't expect to discredit officer on the stand... with what you have said, you have nothing to really make the JP have a reasonable doubt about anything.

OIPRD is ex-cops looking out for current cops. Definitely file the complaint but don't expect it to go anywhere.
that i true that oiprd are ex cop but when you file a complaint the IA of division start a investigation and since they are thousands of complaint each year i wouldnt be surprise they would want to settle it quickly so when they ask how can we settle this issue i would ask for the tickets to be drop or donate $1620 to a french organization because thats how much more i will be paying in total for 3 years
Deal Addict
Jul 24, 2003
1445 posts
186 upvotes
Have trial coming up, just wondering what are my chances:

Offence is "Drive Moving Vehicle Without Validation on Plate" (i.e. plate sticker expired)
Received disclosure, disclosure didn't contain much except time, direction and location of highway, description of vehicle, my info, and "surr. all docs, exp. 1 Feb 2017)"

My defense (which is an honest truth, actually):
I was unaware that my driver license and license plate were expired at the same time, and when I went to the Ministry for the driver license renewal before expiry date, I was not informed the plate were expiring as well at Ministry, hence the oversight. I was not aware that my plate was also expiring.

I have the receipt of renewing the sticker the day after receiving the ticket.

This will be Newmarket Ontario court with an OPP officer.

What are the chances the prosecutor will throw out these sticker renewal ticket (upon producing the renewal receipt)? And if not, what are my chance?

Thanks!
Deal Fanatic
User avatar
Mar 23, 2008
6920 posts
3925 upvotes
Edmonton
manho wrote:
Jan 31st, 2018 4:36 pm
Have trial coming up, just wondering what are my chances:

Offence is "Drive Moving Vehicle Without Validation on Plate" (i.e. plate sticker expired)
Received disclosure, disclosure didn't contain much except time, direction and location of highway, description of vehicle, my info, and "surr. all docs, exp. 1 Feb 2017)"

My defense (which is an honest truth, actually):
I was unaware that my driver license and license plate were expired at the same time, and when I went to the Ministry for the driver license renewal before expiry date, I was not informed the plate were expiring as well at Ministry, hence the oversight. I was not aware that my plate was also expiring.

I have the receipt of renewing the sticker the day after receiving the ticket.

This will be Newmarket Ontario court with an OPP officer.

What are the chances the prosecutor will throw out these sticker renewal ticket (upon producing the renewal receipt)? And if not, what are my chance?

Thanks!
It can't hurt to try. But don't your plates expire the same month every year? Or how do they do things out in Ontario?

C
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
rohan1985 wrote:
Jan 31st, 2018 12:01 pm
So what should I do? Just pay the fine and get 3 demerit points? Or should I still try my luck just in case the officer doesn't show up.
In Ontario, there is a very slim chance the officer wont show, but it can happen. Otherwise you can ask for a reduction in the fine. These tickets are almost impossible to beat at trial because its the officers word against yours (but you already admitted to holding it anyways which just supports officers testimony).
--
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
manho wrote:
Jan 31st, 2018 4:36 pm
Have trial coming up, just wondering what are my chances:

Offence is "Drive Moving Vehicle Without Validation on Plate" (i.e. plate sticker expired)
Received disclosure, disclosure didn't contain much except time, direction and location of highway, description of vehicle, my info, and "surr. all docs, exp. 1 Feb 2017)"

My defense (which is an honest truth, actually):
I was unaware that my driver license and license plate were expired at the same time, and when I went to the Ministry for the driver license renewal before expiry date, I was not informed the plate were expiring as well at Ministry, hence the oversight. I was not aware that my plate was also expiring.

I have the receipt of renewing the sticker the day after receiving the ticket.

This will be Newmarket Ontario court with an OPP officer.

What are the chances the prosecutor will throw out these sticker renewal ticket (upon producing the renewal receipt)? And if not, what are my chance?

Thanks!
Your defense is not a reason to get ticket thrown out.

But sometimes, prosecutors MIGHT drop this charge when you show them you got it all renewed the next day. They have no obligation to drop it but they might, so it is worth a shot.
--
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
CNeufeld wrote:
Jan 31st, 2018 5:01 pm
It can't hurt to try. But don't your plates expire the same month every year? Or how do they do things out in Ontario?

C
Yes in Ontario your plate sticker expires every year on your birthday. It has nothing to do with your drivers license. You can renew sticker for 1 year or 2 years at a time.
--
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
Oct 19, 2016
51 posts
4 upvotes
hey guys, got nailed with abunch of minor traffic tickets the other day in one shot: prohibited left turn, failure to show drivers licence, failure to show insurance card, broken headlight! The headlight I had no idea it was out at the time it was 8 am at time of ticket! any idea how to proceed? im thinking option 3? any chance if I just fix the headlight the prosecutor/court will drop everything? in total got $400 in fines.

i'm thinking I have a solid defense for headlight: it was 8am (daylight) so I couldnt tell light wasnt working. also, had no prior warnings. The other stuff occurred bc I left my wallet at home with my licence, and my proof of insurance was actually in my car the whole time. As far as making the turn, i'm new to the area and its only prohibited to turn on that side street from 7 to 9AM I had no idea ( there was a sign)

also, since I got 4 tickets im sure the best deal I will get is plead guilty to one. so I am worried about insurance as I did have an at fault accident 3 years ago. would peading guilty to one of the non moving violations ( failure to show licence for example) be the best strategy?

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