Automotive

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

Deal Fanatic
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Mar 23, 2008
9015 posts
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Edmonton
kneevase wrote:
Feb 14th, 2018 9:57 pm
Can you not argue that there's a cosine effect if the lidar/radar reading was taken on a curve?
From what I recall of geometry, any difference because you were at an angle instead of head in would mean you were going faster than indicated, rather than slower. So be careful what you prove...

C
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
kneevase wrote:
Feb 14th, 2018 9:57 pm
Can you not argue that there's a cosine effect if the lidar/radar reading was taken on a curve?
In Ontario, the courts recognize the Cosine effect is in the defendants favors. So whatever reading the officer got, the speed was probably higher.

There are some states in the US that accept the Cosine effect to be an error and therefore the reading is not valid... but not in Ontario.
--
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 4, 2013
6 posts
NORTH YORK
Okay guys i have talked to couple of paralegal guys one of them told me that he would charge me around 65-85 dollars and he knows people in that particular court ...he would do something that it wouldn't show up on my record that i ever got this ticket...but i have to pay the fine $110 ... is this possible?
Deal Fanatic
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Mar 23, 2008
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Edmonton
Interestinginterest wrote:
Feb 15th, 2018 7:10 am
Okay guys i have talked to couple of paralegal guys one of them told me that he would charge me around 65-85 dollars and he knows people in that particular court ...he would do something that it wouldn't show up on my record that i ever got this ticket...but i have to pay the fine $110 ... is this possible?
If it was me, I’d probably want more details than “he would do something”.

C
Newbie
Dec 12, 2017
31 posts
Quebec
CNeufeld wrote:
Feb 6th, 2018 8:50 pm
That’s only in a civil case. So all you’ll be saving is the ticket cost here.

C
In Quebec, what's the process?
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system (pertaining to the administration of justice) under which civil matters are regulated by French-heritage civil law. Public law, criminal law and other federal law operate according to Canadian common law.

I presume a parking fine is public law so process similar to Ontario?
Anything I need to request in advance of court date? I presume the parking officer ha to be there?
Deal Fanatic
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Mar 23, 2008
9015 posts
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Edmonton
qwertyjjj wrote:
Feb 15th, 2018 10:13 am
In Quebec, what's the process?
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system (pertaining to the administration of justice) under which civil matters are regulated by French-heritage civil law. Public law, criminal law and other federal law operate according to Canadian common law.

I presume a parking fine is public law so process similar to Ontario?
Anything I need to request in advance of court date? I presume the parking officer ha to be there?
Don't know the process in Quebec. Should be on your ticket.

C
Newbie
Dec 12, 2017
31 posts
Quebec
CNeufeld wrote:
Feb 15th, 2018 10:18 am
Don't know the process in Quebec. Should be on your ticket.

C
I meant the process in court. That's not on the ticket,
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Interestinginterest wrote:
Feb 15th, 2018 7:10 am
Okay guys i have talked to couple of paralegal guys one of them told me that he would charge me around 65-85 dollars and he knows people in that particular court ...he would do something that it wouldn't show up on my record that i ever got this ticket...but i have to pay the fine $110 ... is this possible?
In Ontario? This does not sound right to me.
--
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
qwertyjjj wrote:
Feb 15th, 2018 10:13 am
In Quebec, what's the process?
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system (pertaining to the administration of justice) under which civil matters are regulated by French-heritage civil law. Public law, criminal law and other federal law operate according to Canadian common law.

I presume a parking fine is public law so process similar to Ontario?
Anything I need to request in advance of court date? I presume the parking officer ha to be there?
The only thing I know about Quebec is that the officer does NOT need to show up... their written testimony is sufficient. If you want the officer to show up, you have to pay a fee for them to be 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.
--
Newbie
Jun 7, 2017
90 posts
84 upvotes
ShrekTek wrote:
Feb 11th, 2018 8:33 am
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.
Thanks for your reply. I pretty much accept I am at fault. It would be nice if I could get out of the ticket though... Demerits are the biggest issue I do not want insurance to go up.... If I agree for fine to stay same but demerits to go down does that affect insurance
Jr. Member
Nov 3, 2005
112 posts
9 upvotes
tommi wrote:
Oct 18th, 2017 8:38 am
Thank you for your answers. I'll call the procecutors office about the request and the Provincial Offences office to ask the status of my ticket. I have to look up the phone number of the Provincial Offences that have this information.
Summary: I got the speeding ticket in July 2017. I sent in 2 requests for disclosure in Sep and Oct. I called in Dec 2017. I was told the disclosure not available. I called again today Feb 15. I was told the officer didn't reply to both requests. I was asked to send in another request if I like or wait until trial date to request to the officer. Which one is a likely winning option: another request for waiting for the trial? Thank you.
Deal Fanatic
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Mar 23, 2008
9015 posts
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Edmonton
DavidA511606 wrote:
Feb 15th, 2018 2:23 pm
Thanks for your reply. I pretty much accept I am at fault. It would be nice if I could get out of the ticket though... Demerits are the biggest issue I do not want insurance to go up.... If I agree for fine to stay same but demerits to go down does that affect insurance
It's been repeated through this thread (and the corresponding sticky "Demerit Points do not affect Insurance!!" (demerit-points-do-not-affect-insurance-791274/) that (wait for it) demerits do not affect insurance. Convictions do. And to go along with that, you get the demerits for whatever infraction you're found (or plead) guilty of. That's not decided by the JP or prosecutor.

C
Deal Fanatic
User avatar
Mar 23, 2008
9015 posts
5485 upvotes
Edmonton
tommi wrote:
Feb 15th, 2018 2:45 pm
Summary: I got the speeding ticket in July 2017. I sent in 2 requests for disclosure in Sep and Oct. I called in Dec 2017. I was told the disclosure not available. I called again today Feb 15. I was told the officer didn't reply to both requests. I was asked to send in another request if I like or wait until trial date to request to the officer. Which one is a likely winning option: another request for waiting for the trial? Thank you.
If you wait for trial, at that point you'll have two options. Review the notes there and plead guilty or fight it then, or request another trial date because you need time to prepare.

If I was you, I'd keep sending in requests till the trial date. Maybe if you send in enough requests, the judge will get pissed off at the officer for screwing around and throw the case out. Or else you'll finally get your disclosure.

C
Newbie
Jun 7, 2017
90 posts
84 upvotes
CNeufeld wrote:
Feb 15th, 2018 3:09 pm
It's been repeated through this thread (and the corresponding sticky "Demerit Points do not affect Insurance!!" (demerit-points-do-not-affect-insurance-791274/) that (wait for it) demerits do not affect insurance. Convictions do. And to go along with that, you get the demerits for whatever infraction you're found (or plead) guilty of. That's not decided by the JP or prosecutor.

C
Thanks for the reply. I see you live in Edmonton as well. Does the Original Post still pretty much apply for us in Edmonton (steps to take ect)?

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