Automotive

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

Newbie
Apr 11, 2010
6 posts
toronto
ShrekTek wrote:
Nov 8th, 2017 11:58 am
Most likely you can beat the bigger ticket at trial if the early resolution meeting is not successful (which probably wont be). If you both testify the same thing, then "Failure to supply driver with inspection schedule" should definitely be dropped. Unfortunately the "failure to surrender inspection report" is simply a ticket that means when the officer asked for something, you did not give it to them ... and this is exactly what happened. So for this ticket, there is still a chance to beat it IF the JP believes your testimonies and feels that the miscommunication was an issue. But the reality is, regardless of language barrier, this ticket may not be beatable.

Anyways at early resolution make sure to take copies of everything and tell the story like you did above.
Shrek (or anyone else who has input...)

So Early Resolution was useless. The prosecutor didn't even understand what the "Inspection schedule" was - he made the same mistake that my driver made, which was to confuse "inspection schedule", the document that was supposed to be surrendered, with the actual "driving schedule" and/or "inspection report". Because of this, he did not lower any charges and asked us to proceed to trial. If even he, an agent of the courts, is unaware of the details, would this not be unresonable to expect the driver to understand what the police officer was asking for?

Furthermore, the ticket the officer issued said "Did commit the offence of: Fail to surrender inspection schedule contrary to HTA 107(7)". However, On the notice of Early Resolution Meeting, and on the Trial Notice itself, it says "regarding the offence of FL Surrender Inspection Report".

These are two entirely different charges. Is this a way for us to get out of this second charge? The driver did perhaps fail to surrender the inspection SCHEDULE, because of his misunderstanding of what the officer was asking. But he DID in fact surrender the inspection report to the officer. So I suppose one question is, what takes precedence - the officer's ticket, or the actual trial notice, because they are referring to two different charges? How should I go about arguing this in court? Should the driver admit to having surrendered the inspection report (which he did), and not surrendering the inspection schedule (which he did), even though it was in the vehicle at the time?

If the trial notice charges us with one offence (failure to surrender inspection report), and we prove beyond reasonable doubt that that particular offence was not committed, by admitting that he did forget to surrender the schedule, but not the report, can they just turn around and charge us with the "original" offense of "failure to surrender inspection schedule"?

I have the trial tomorrow morning, sorry for the short notice, but any input would be really helpful!
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
EricoChico99 wrote:
Feb 1st, 2018 12:43 am
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?
What province? What are exact wording and exact sections of each charge?

Plead NOT GUILTY to all the charges and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes). Once you get them post them here.

Assuming notes are good, you will show up for your trial and talk to prosecutor before court starts. Bring copies of everything that you did not have that you got tickets for and proof you fixed headlight. If the prosecutor is in a good mood, they MAY drop 2 or 3 of the tickets for a guilty plea on the others. Worst case is they offer you no deal, but usually for paperwork crimes they will drop them.
--
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
164 upvotes
Ontario, Canada
myps wrote:
Feb 1st, 2018 10:03 am
Hello,

I just found this thread and am in need of advice as I am heading to court soon. Thank you in advance!!

I was caught turning right during a time that it was restricted. I received my disclosure which includes the officer's notes and a DVD.

Notes:
- The officer made errors in recording my license plate. One letter is off.
- He also used "he" and "him" although I am female.

DVD:
The dvd runs for six minutes (from 7:06am to 7:12am), including the time that the officer said that I was stopped (7:11am in his notes). During the six minutes of dvd, the recording shows the officer stopping and ticketing another vehicle, not me. I was probably stopped afterwards.

Any advice on how to fight this ticket? This is a 3 dermerit point ticket. From the errors noted above, do I have a chance?

Thank you!!
In Ontario license plate thing will not help you and he/him thing will not help you.

As far as video goes, you can make another request for DVD of your vehicle saying that the video you got is not you. But the officer does not need the video to get you convicted as they will just read from their notes anyways.
--
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
164 upvotes
Ontario, Canada
dchang8619 wrote:
Feb 1st, 2018 9:08 pm
Shrek (or anyone else who has input...)

So Early Resolution was useless. The prosecutor didn't even understand what the "Inspection schedule" was - he made the same mistake that my driver made, which was to confuse "inspection schedule", the document that was supposed to be surrendered, with the actual "driving schedule" and/or "inspection report". Because of this, he did not lower any charges and asked us to proceed to trial. If even he, an agent of the courts, is unaware of the details, would this not be unresonable to expect the driver to understand what the police officer was asking for?

Furthermore, the ticket the officer issued said "Did commit the offence of: Fail to surrender inspection schedule contrary to HTA 107(7)". However, On the notice of Early Resolution Meeting, and on the Trial Notice itself, it says "regarding the offence of FL Surrender Inspection Report".

These are two entirely different charges. Is this a way for us to get out of this second charge? The driver did perhaps fail to surrender the inspection SCHEDULE, because of his misunderstanding of what the officer was asking. But he DID in fact surrender the inspection report to the officer. So I suppose one question is, what takes precedence - the officer's ticket, or the actual trial notice, because they are referring to two different charges? How should I go about arguing this in court? Should the driver admit to having surrendered the inspection report (which he did), and not surrendering the inspection schedule (which he did), even though it was in the vehicle at the time?

If the trial notice charges us with one offence (failure to surrender inspection report), and we prove beyond reasonable doubt that that particular offence was not committed, by admitting that he did forget to surrender the schedule, but not the report, can they just turn around and charge us with the "original" offense of "failure to surrender inspection schedule"?

I have the trial tomorrow morning, sorry for the short notice, but any input would be really helpful!
Make sure to take copies of all relevant laws and regualtions that have all the definitions of the different reports and schedules as it will be important for you to make sure the JP understands that they are different things.

Personally I would raise the issue about ticket and notice of trial having different charges on them. Since you don't have any experience in court you can argue that you are confused about this and didn't know which one to prepare to defend and that it needs to be clarified and another trial date set so you can properly prepare for the correct charge.
--
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
Jan 31, 2018
2 posts
Hello. The officer gave me 4 (FOUR) tickets at one time today. Please help.

Situation: I was driving down a hill with my music loud. He told me I was going 90 in a 60 zone. I do not recall ever going 90, I possibly got to 80 but there was also ice on the ground and I did not want to break. He then said he followed me and I did not stop for him. I would NEVER not stop for a police officer. I remember looking at my rearview and thinking it was a regular black car. I did not see siren lights or hear sirens (again, my music was loud). I stopped at a red and he came and knocked at my window. I do not even know what the last two tickets mean, this is my dad's car. I may have last year's insurance papers in my car. I am insured on them and the current insurance. What is no currently validated permit? Can you tell me how many Demerit points total the following are?

He ticketed me for:

1. Speeding - 90 km/h in a 60 zone km/h
2. Fail to stop on right for an emergency vehicle.
3. Drive motor vehicle, no currently validated permit
4. Fail to have insurance card.

Also, how should I proceed? I am freaking out. :(
Last edited by gummyinmytummy on Feb 1st, 2018 11:18 pm, edited 1 time in total.
Newbie
Feb 6, 2011
1 posts
I got a speeding ticket by OPP for doing 140 km/h while on the highway (100 km/h). Should I request a trial?
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
gummyinmytummy wrote:
Feb 1st, 2018 11:18 pm
Hello. The officer gave me 4 (FOUR) tickets at one time today. Please help.

Situation: I was driving down a hill with my music loud. He told me I was going 90 in a 60 zone. I do not recall ever going 90, I possibly got to 80 but there was also ice on the ground and I did not want to break. He then said he followed me and I did not stop for him. I would NEVER not stop for a police officer. I remember looking at my rearview and thinking it was a regular black car. I did not see siren lights or hear sirens (again, my music was loud). I stopped at a red and he came and knocked at my window. I do not even know what the last two tickets mean, this is my dad's car. I may have last year's insurance papers in my car. I am insured on them and the current insurance. What is no currently validated permit? Can you tell me how many Demerit points total the following are?

He ticketed me for:

1. Speeding - 90 km/h in a 60 zone km/h
2. Fail to stop on right for an emergency vehicle.
3. Drive motor vehicle, no currently validated permit
4. Fail to have insurance card.

Also, how should I proceed? I am freaking out. :(
Plead not guilty to all tickets and request a trial with the officer present. Once you get your Notice of Trial, request disclosure (copy of officers notes, information on speed measuring device used). Once you get the disclosure, black out personal and officer info and post it here so we can review.
--
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
164 upvotes
Ontario, Canada
Renni_30 wrote:
Feb 2nd, 2018 9:01 am
I got a speeding ticket by OPP for doing 140 km/h while on the highway (100 km/h). Should I request a trial?
Yes.

Plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, request disclosure (copy of officers notes, information on speed measuring device used). Once you get the disclosure, black out personal and officer info and post it here so we can review.
--
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
Jan 19, 2018
6 posts
If pedestrian gives up their right of way and signals motorist (by hand or face) who has stopped for the pedestrian, to go ahead, can the motorist be pulled over by police officer and ticketed for failing to yield to a pedestrian in a crosswalk? If ticketed, can the motorist plead not guilty and win?
Deal Fanatic
User avatar
Mar 23, 2008
8984 posts
5467 upvotes
Edmonton
daksh99 wrote:
Feb 2nd, 2018 1:30 pm
If pedestrian gives up their right of way and signals motorist (by hand or face) who has stopped for the pedestrian, to go ahead, can the motorist be pulled over by police officer and ticketed for failing to yield to a pedestrian in a crosswalk? If ticketed, can the motorist plead not guilty and win?
Yes, they can be ticketed, I believe. And unless you get the pedestrian as a witness, I suspect you’d lose. You might be able to bargain it down with the prosecutor, like any other ticket.

C
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
gummyinmytummy wrote:
Feb 2nd, 2018 11:26 am
So I shouldn’t do the prosecutor (option 2) for the last 2 tickets?
You can meet with prosecutor before trial to discuss plea deal. Early resolution just means an extra day off and extra trip to their office. You can have same discussion before 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.
--
Newbie
Jan 19, 2018
6 posts
CNeufeld wrote:
Feb 2nd, 2018 2:02 pm
Yes, they can be ticketed, I believe. And unless you get the pedestrian as a witness, I suspect you’d lose. You might be able to bargain it down with the prosecutor, like any other ticket.

C
Thanks for the insight. Appreciate it.
Newbie
Jan 25, 2018
28 posts
2 upvotes
Ok I called them back and got emailed the disclosure. Besides what is posted, I got the front of the ticket and also my drivers abstract for the last 7 years or so. Thoughts? Trial is in May.

Image
ShrekTek wrote:
Jan 28th, 2018 7:59 am
The only thing it will achieve at your trial is getting an adjournment to another trial date, with the delay being counted against you.

The original post is really old and caselaw has changed things in Ontario. It is now YOUR responsibility to check if disclosure is ready and to get the disclosure. The prosecutions only responsibility is to have it ready for you... they do NOT have to contact you to tell you its ready and they do NOT have to send it to you.

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