Automotive

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

Newbie
Feb 7, 2018
4 posts
rcmpvet wrote:
Feb 9th, 2018 11:21 am
I have bolded the relevant statement - Your credibility went to ZERO at this point. As I tend to ask others - Source?
I know a lot of different people and have brought the discussion up with all walks of life to do my own toll of opinions and believe it or not (and its irrelevant whether you in particular find it credible or not) thr majority of the people ive discussed it with have agreed with my statement. On top of that additional crimes are being committed: people will just continue to drive because driving is a necessity for some people so in order to earn money to pay off said fines theyll need to continue to operate a vehicle illegally. That means no insurance or registration which is dangerous for everyone and perpetuates my proposed cycle of crime. Dont deny that because regardless of your opinion or your refusal to believe it; shit is happening everydayand more because of these god damn cash grab radar tickets. BOOM
Deal Addict
Oct 13, 2014
1264 posts
611 upvotes
Somewhere, ON
^^^^^ I rest my case - Your credibility is Zero - You have not provided a source for my original request (suicide = illegal?).

EDIT - Yes I know, don't feed the trolls.
“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
Jan 15, 2018
49 posts
10 upvotes
StephH885025 wrote:
Feb 9th, 2018 1:48 pm
Hello!

On January 16th, I was involved in a 2 car collision. I was travelling north bound on Dixie Road in Mississauga. I merged into a left turning lane and there was another vehicle slightly ahead of me in the lane to my right. I would have been in his blind spot. All of a sudden, he turned in front of me to make a U-turn. He was not in the left turning lane and he did not have his signal on. I was unable to stop in time and we collided. I had significant damage to my vehicle and he had barely any. I pulled into a lot right beside and called the police, etc. When the police arrived on scene, the other driver decided he wanted to lie to the cop and say that I was behind him in the left turning lane and rear-ended him. Based on lack of evidence and because we moved our vehicles, the cop put me at fault and gave me a ticket for "following too closely". I have requested an early resolution meeting with a prosecutor. My insurance has gone up like crazy. What are the chances of beating this ticket? If it is only lowered, will my insurance go down at all?

Thanks!!
Even if it happened exactly the way you describe, the fact that you rear ended the other driver shows that you made the turn after he did and that means you did not make your left turn in safety.

Even if the ticket got dismissed because the officer didn't show up and no disclosure etc. your insurance will still hold you at fault. Insurance takes the opinion of the police officer into consideration but they have their own set of fault determination rules that they follow. Rear ending someone will almost always result with you being accountable.

So no, if they raised your insurance It's because you rear ended the other car and to them no matter what happens with charges on the court level, your insurance has already made up their minds about your fault in the accident.

Fighting the ticket can still help with fines and demerit points though but your insurance is pretty much what it is.
Sr. Member
Jun 15, 2017
693 posts
158 upvotes
Ontario, Canada
DavidA511606 wrote:
Feb 9th, 2018 3:53 pm
Hey, got in an accident a couple weeks ago. Have dashcam so link to footage is added in. Cars were stopped in closest two lanes due to traffic, far lane normally for parkers... Pulled up saw light about to turn yellow due to crosswalk countdown didnt see anyone coming in far lane so I made turn. If you listen closely you can hear other driver speed up to try to make yellow. Got hit and as spun around yellow just turns to red.

I am sure it is my fault, cops came, told him I have footage and he said watch it later and if I see anything weird let him know. He said he has to give me a "Unsafe Left Turn" ticket, he made it the min amount. I accepted blame as I assumed I just messed up somehow and was a little shaken up.

After watching video and seeing how the other driver sped up and went through yellow, I emailed officer with video and asked if he could toss out the ticket as i thought with the circumstances with the lanes backed up with traffic in the intersection maybe he would cut me a break. He replied "nope".

What would be best way to proceed. I understand it is most likely my fault, but the insurance increase, paying deductible of 1000 and now ticket really sucks, would be nice to be able at least to get out of ticket if possible.

Its your responsibility to make sure it is safe to make a turn. The light was still green when you started making the turn so we have to assume the other driver had a green as well. For insurance purposes, if this is Ontarion, you will be found 100% at fault.

As far as ticket goes, assuming the officers notes as are good and both the officer and other driver show up for trial, you would most likely be found guilty.

Chances of the officer not showing for trial are slim to none, however the chances of the other driver/witness not showing are 50/50. If no witness shows up to testify then the charges will be dropped. So your best bet is to plead not guilty and request a trial with officer present. Once you get your notice of trial, request disclosure (officers notes, witness statements). Then show up on your trial date and tell prosecutor you are ready to proceed to trial. If officer or witness are not there, they will drop it. If they are both there and prosecutor is ready to proceed as well, then you can change your mind anytime and choose to plead guilty instead or continue with the 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.
--
Sr. Member
Jun 15, 2017
693 posts
158 upvotes
Ontario, Canada
Phillipspastamaker wrote:
Feb 9th, 2018 8:37 pm
He threatened to arrest her (which he can) because she refused to surrender her ID. I'm not sure why you think he did anything illegal. He did his due diligence to find this person who made a major driving infraction and rightly so - she still has absolutely no idea that what she did violates the HTA and kills hundreds of people each year.
The law in Canada is that you must identify yourself IF you are being charged with something. Failure to identify yourself means they can arrest you under the Criminal Code.

But note that identifying yourself only needs to be a verbal identifiction and you are not required to provide any kind of card/paper id... verbally giving name, address and date of birth is sufficient.

In Ontario you are required to provide proof of licensing when asked. So in when driving a vehicle and asked for your drivers license by officer, you are required to provide, otherwise you can be charged with failing to provide the license.

Notice that these are two different things... is the officer asking for proof of license or asking you to identify yourself? If asking for a license and you fail to provide it, you can be charged with failing to provide it. If the officer says they will arrest you for failing to identify yourself, you can clarify and say "I thought you were asking for my proof of license to drive under Provinicila Offense. Are you are asking me to identify myself (which I am willing do) under the Criminal Code instead? "

Note that threat to arrest you for not identifying yourself because you did not provide your license is incorrect. Failing to provide license means they can then charge you failing to provide the license. Then, because they are going to charge you, they can request you identify yourself, which you must do verbally.

This article talks about it:
https://shrektek.ca/speeding/44-what-to ... -or-canada
--
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
1264 posts
611 upvotes
Somewhere, ON
ShrekTek wrote:
Feb 11th, 2018 8:45 am
The law in Canada is that you must identify yourself IF you are being charged with something. Failure to identify yourself means they can arrest you under the Criminal Code.

But note that identifying yourself only needs to be a verbal identifiction and you are not required to provide any kind of card/paper id... verbally giving name, address and date of birth is sufficient.

In Ontario you are required to provide proof of licensing when asked. So in when driving a vehicle and asked for your drivers license by officer, you are required to provide, otherwise you can be charged with failing to provide the license.

Notice that these are two different things... is the officer asking for proof of license or asking you to identify yourself? If asking for a license and you fail to provide it, you can be charged with failing to provide it. If the officer says they will arrest you for failing to identify yourself, you can clarify and say "I thought you were asking for my proof of license to drive under Provinicila Offense. Are you are asking me to identify myself (which I am willing do) under the Criminal Code instead? "

Note that threat to arrest you for not identifying yourself because you did not provide your license is incorrect. Failing to provide license means they can then charge you failing to provide the license. Then, because they are going to charge you, they can request you identify yourself, which you must do verbally.
I have bolded the applicable statement you have made.

That statement has no bearing on an Ontario H.T.A. matter, however it would have bearing on other Provincial Offence matters, such as the Trespass to Properties Act or the Fish and Wildlife Conservation Act. Your answer is very confusing, with respect to an Ontario HTA matter. The C.C. provisions state that identification can be established by providing documentation, such as a Driver's Licence (the police do not have to accept a verbal declaration), however it is not applicable to the HTA.

The HTA specifically states that identification can be accomplished by providing name and address, that is it and that is all, the C.C. has no bearing.

Otherwise your response is good, just leave out the C.C. reference to Ontario H.T.A. matters. Unless of course, in this matter, they were to arrest for H&R or Dangerous Driving pursuant to the C.C.
“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
Jan 15, 2018
49 posts
10 upvotes
ShrekTek wrote:
Feb 11th, 2018 8:45 am
The law in Canada is that you must identify yourself IF you are being charged with something. Failure to identify yourself means they can arrest you under the Criminal Code.

But note that identifying yourself only needs to be a verbal identifiction and you are not required to provide any kind of card/paper id... verbally giving name, address and date of birth is sufficient.

In Ontario you are required to provide proof of licensing when asked. So in when driving a vehicle and asked for your drivers license by officer, you are required to provide, otherwise you can be charged with failing to provide the license.

Notice that these are two different things... is the officer asking for proof of license or asking you to identify yourself? If asking for a license and you fail to provide it, you can be charged with failing to provide it. If the officer says they will arrest you for failing to identify yourself, you can clarify and say "I thought you were asking for my proof of license to drive under Provinicila Offense. Are you are asking me to identify myself (which I am willing do) under the Criminal Code instead? "

Note that threat to arrest you for not identifying yourself because you did not provide your license is incorrect. Failing to provide license means they can then charge you failing to provide the license. Then, because they are going to charge you, they can request you identify yourself, which you must do verbally.

This article talks about it:
https://shrektek.ca/speeding/44-what-to ... -or-canada
I took ID to mean driver's licence as I presume her refusal was based on the assumption that she knew a ticket was coming. Even though she's not accepting responsibility, all we need to look at is this;


 I slowly edge forward, stopping after a foot each time I do so and trying to show him I'm proactively taking steps of due dilligence. The officer is walking back from the other motorists window, he never signals me to stop or to go. I still slowly edge forward, foot always on my brakes, wondering when it will be ok to pass. 

As he walks between my car and his cruiser he pushes in my side mirror and slams on my rear passenger window where my 7 month old niece is sitting. My vehicle was at a full stop. He's wildly gesturing as if to say I'm too close.
He does not tell me to pull over.

Not wanting to deal with a cop who's already assaulted my vehicle, I slowly edge forward.
He still hasn't made any command to stop or pull over. I want to get off the street as to avoid any chance of being rear ended. No command to stop. I assume he's having a bad day and I drive home around the corner.


If a police officer knocks your mirror, slams on your window and gestures wildly, is it common sense to keep proceeding and then drive away because you don't want to deal with him?

I know this thread is meant to be a positive place to help people who made a mistake but that requires realizing you messed up in order to build some kind of defense but this person has just built her own reality as to not accept any sort of responsibility.

Not moving over kills people and not just cops, so personally I think this ticket is well deserved as she isn't sorry at all. We're all safer if people like this aren't on the road imo and the cop in this instance was really just doing his job literally.
Newbie
Jan 15, 2018
49 posts
10 upvotes
As far as the ID issue @ShrekTek if a police officer has observed you committing a HTA offence, I know it is possible that they can go find you and ticket you after and not just immediately after the offense was committed. He needed her licence to write the ticket so yes she was being charged and if she refused to identify herself then he can arrest her and then ticket her at the station so everything he did in this case was totally legal and within his power as a police officer.
Sr. Member
Apr 23, 2014
832 posts
120 upvotes
Niagara Falls, ON
qman23 wrote:
Feb 9th, 2018 10:29 pm
This is what I wrote, to which you wrote a lengthy reply that did not see how it spoke to my point.

I'll try to be as precise and plain as I can here.

My point being, that things can and should be made safer for everyone.
Blame is entirely irrelevant in identifying root cause and making meaningful change to procedures. The goal is to minimise the probability of recurring deleterious incidents.

There will be accidents, and situations where it's unavoidable and necessary to impede traffic. Here, the move over law is rightly and obviously a necessity.

I'm bringing forth the idea that the move over law should not be the only thing police need to rely on for their safety, when a simple change in driver expectations on a traffic stop, would mitigate and or minimize the danger to both the officer and the public at large.

This was and is my point, and I think is where you see it as me "blaming" the officer.
I'm not. The officer was following protocol in the stop. I'm describing what i see as a more beneficial protocol to the traffic congestion problem being caused by the traffic stop.

Even If everyone followed the rules in this situation, there still presents a condition where 3 lanes are down to one, with the commensurate congestion and confusion that really is unnecessary with a simple change in behavioural expectations.

I hope that's clear enough.
I think your very clear here and I also think this is a stop policy that should be developed so that the stop is conducted off the main traffic road and away from intersections.
Newbie
Feb 11, 2018
2 posts
Hello, need some help/guidance, and hoping you guys can assist!

I received 4 tickets (on one stop) this past Friday.

I was going through a new route on my way home, and following the GPS. I came to an intersection in a residential area that had a sign stating that you couldn't go straight through the intersection between 4pm-6pm. I saw many cars going through, and against my better judgment, went straight as well. A cop was standing there, and pulled myself, and the car ahead of me over. He explained why we were pulled over, and asked for license, registration, and insurance. I eventually received 4 tickets as follows:

1) Failure to surrender Insurance Card (I have the slips from the previous 4 years in the car, have not changed providers. Could not find the current insurance slip at the moment. On the way home, I realized that the insurance slip had fallen under the seat while I was going through the paperwork). Police Officer confirmed that he saw I had valid insurance, but because I didn't present the slip, it was still worthy of a ticket. $60 ticket

2) Not having a renewed License Plate Sticker. Current one expired in Jan 2018, totally my fault, and I am going in today to have it renewed. $110 ticket

3) Having an expired disable parking permit. When the officer asked me if it was my car, I explained that it was my father's car, and he is in a wheel chair, and I am his primary driver. I do NOT park in handicap spot's when he is not around, and my father is the type of person that likes to keep old documents in the car (ie the old insurance slips). He took the new renewed permit a few days prior when they had to go to the hospital, and my sister was driving him. We do have a renewed permit, but it wasn't present at the time, but I wasn't parking anywhere either. $110 ticket

4) Not following signs. This again was my fault, I shouldn't have gone straight, and followed the sign. $110 + 2 demerit points


He explained that I should go to court, and the not following sign ticket would be reduced to $60 with no demerit points. The other 3 tickets he said could be dismissed if I show them that I have all the relevant information (renewed LP, insurance, and handicap permit).

Either way, it was rough Friday evening, and definitely a lesson learned.

Am I better off going through early resolution, or going to court? If I go to early resolution to speak about the tickets, does this mean I cannot apply for a trial date?

Thanks for your help!
Newbie
Sep 9, 2005
5 posts
I recently went to register a new vehicle an found out I have to pay 2800 in parking fines before I can register it. I have a temporary registration from Quebec and need to register it in Ontario. What are my options. Is there anyway I can get the parking tickets reduced? As well how can I register my vehicle while I address the parking ticket issues.

Thanks , looking forward to any advice.
Newbie
May 7, 2010
22 posts
2 upvotes
Hi All!

Just wanted to see how to fight a speeding ticket that was reduced from 96km to 75km in a 60km zone. It was captured on dashcam. Offence was Mar 17, 2017, trial is Mar 12, 2018. Is it possible to say it was too long for a trial. Just picked up my disclosure today. It has very thorough notes and a dvd of the dash cam footage. No manual for the radar was enclosed. Can I say incomplete disclosure? Not sure what angle to use. Technically it wasn't daylight, the sun was just rising and I was caught on a curving road. Any help is appreciated! Let me know if you want more details!

thanks
Deal Fanatic
User avatar
Mar 23, 2008
5954 posts
3197 upvotes
Edmonton
gem222 wrote:
Feb 12th, 2018 2:58 pm
Hi All!

Just wanted to see how to fight a speeding ticket that was reduced from 96km to 75km in a 60km zone. It was captured on dashcam. Offence was Mar 17, 2017, trial is Mar 12, 2018. Is it possible to say it was too long for a trial. Just picked up my disclosure today. It has very thorough notes and a dvd of the dash cam footage. No manual for the radar was enclosed. Can I say incomplete disclosure? Not sure what angle to use. Technically it wasn't daylight, the sun was just rising and I was caught on a curving road. Any help is appreciated! Let me know if you want more details!

thanks
The current standard is 18 months, so you're out of luck on the date. You didn't say what jurisdiction you're in, but they likely don't have to provide the manual. You can post the redacted disclosure if you like, but nothing you've said so far will help you.

Keep in mind that in some jurisdictions, if you chose to fight it, they CAN bump the ticket back up to the speed that the officer noted.

C
Deal Fanatic
User avatar
Mar 23, 2008
5954 posts
3197 upvotes
Edmonton
asrivast wrote:
Feb 12th, 2018 2:13 pm
I recently went to register a new vehicle an found out I have to pay 2800 in parking fines before I can register it. I have a temporary registration from Quebec and need to register it in Ontario. What are my options. Is there anyway I can get the parking tickets reduced? As well how can I register my vehicle while I address the parking ticket issues.

Thanks , looking forward to any advice.
Are the parking fines against your license/registration, or against the previous owner's registration? If they're yours, you'll have to pay them off before you register. You may be able to request a grace period, according to this thread:
http://forums.redflagdeals.com/numerous ... se-979615/

But I wouldn't count on it.

C

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