Automotive

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

Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
Leo168 wrote:
Feb 25th, 2018 1:05 pm
Hi ShreTtek,

If I pick Option 2 for Early Resolution Meet with Prosecutor, I still have to go back for a trial? Sorry for the newbie question and for double posting, first infraction in over 20 years. "Disobey sign"

Thanks,
Leo
To my knowledge, yes. If you agree to plea deal you have to show up for trial anyways to get dealt with.
--
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
Mar 15, 2013
217 posts
169 upvotes
ShrekTek wrote:
Feb 25th, 2018 3:15 pm
Fax is absolutely an acceptable way to serve notice, however in your case it does not matter...

In Ontario, caselaw says it is YOUR responsibility to check if disclosure is ready to be picked up. The prosecution does NOT have to notify you it is ready and does NOT have to send it to you.

In Ontario, caselaw says the proper remedy for a first appearance where disclosure has not been provided is to get the disclosure to you and set another trial date.

Doing a constitutional question about disclosure on a first appearance in Ontario is a waste of time.
Yikes, so I suppose the OP is very dated then...

Because www.ticketcombat.com also tells u to do the same thing

That being said, could you let me know how to proceed?
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Member
Apr 23, 2009
256 posts
154 upvotes
Toronto
Hi ShrekTek,

Thanks for your quick response.
Then I don't see the purpose of option 2, I don't mind paying the fine but the 2 demerit points is something I worry about.
I preferred to resolved this rather than have hanged over my head for a year. My insurance policy also has 1 forgive incident.

I wondered if others have experience with option 2.

Thanks again,
Leo

ShrekTek wrote:
Feb 25th, 2018 3:19 pm
To my knowledge, yes. If you agree to plea deal you have to show up for trial anyways to get dealt with.
Sr. Member
Nov 9, 2017
523 posts
44 upvotes
I can tell them my last name (which is only showing the first letter of it on ticket). I also want to make sure she knows I want to represent the person so I will say, "I want to represent Such and Such).

Hopefully, prosecutor tells the officer I am a representative of Such and Such to which officer will not identify me.

This is for handheld device; not speeding. I wonder if I should ask at the beginning if prosecutor has any offer and disagree if not like it.

My first name matches the last name on the ticket so I still don't know how to identify myself. Can I identify by last name only? Maybe best if I can get someone else represent Such and Such.
Member
Mar 15, 2013
217 posts
169 upvotes
ShrekTek wrote:
Feb 25th, 2018 3:15 pm
Fax is absolutely an acceptable way to serve notice, however in your case it does not matter...

In Ontario, caselaw says it is YOUR responsibility to check if disclosure is ready to be picked up. The prosecution does NOT have to notify you it is ready and does NOT have to send it to you.

In Ontario, caselaw says the proper remedy for a first appearance where disclosure has not been provided is to get the disclosure to you and set another trial date.

Doing a constitutional question about disclosure on a first appearance in Ontario is a waste of time.
Thanks ShrekTek, just following up on possible next steps.
With deals come great responsibility to post on RFD.

I live for upvotes 😝
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
jameshong wrote:
Feb 25th, 2018 5:49 pm
Yikes, so I suppose the OP is very dated then...

Because www.ticketcombat.com also tells u to do the same thing

That being said, could you let me know how to proceed?
Yes caselaw in Ontario has changed quite a bit since this thread and ticketcombat.

Do you have disclosure now? Scan and post it with your info and officer info blacked out.

If not, then send another letter requesting it again.
--
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
Mar 15, 2013
217 posts
169 upvotes
ShrekTek wrote:
Feb 26th, 2018 12:57 pm
Yes caselaw in Ontario has changed quite a bit since this thread and ticketcombat.

Do you have disclosure now? Scan and post it with your info and officer info blacked out.

If not, then send another letter requesting it again.
Thanks, I just contacted them and they told me to just pay it off if I can't make it to the adjourned meeting, so I did just that.

But to summarize, is there a post that shows the best course of action for fighting a ticket in Ontario now? Just for future reference.

Thanks again for your help.
With deals come great responsibility to post on RFD.

I live for upvotes 😝
Deal Addict
User avatar
Aug 27, 2014
4668 posts
1441 upvotes
Canuckland
chantel85 wrote:
Feb 24th, 2018 2:46 pm
I received a speeding ticket in Kitchener, ON for driving 130km/hr on the 401 where the speed limit is 100km/hr on April 18, 2017. I requested for a court date to fight the ticket and my court date is March 27, 2018. I emailed the prosecutor for Disclosure and they replied with all the information. I was hoping that they wouldn't send the disclosure and then not having disclosure would get me out of going to court. What do I do now? The speeding ticket says that the incident occurred at 12:00AM, however, it was actually 12:00PM when it occurred. Speeding ticket says the weather says "sunny" and the disclosure says the speed laser was checked at 6:30AM and 2:40PM, which is out of the time range of the 12:00AM occurrence. Would this mix up between AM and PM be reason enough to get out of the ticket in court?
Checkout the section for fatal errors, I believe they can amend that one. Go check

Read the LIDAR model and see if it's still in production. Many departments still use old equipment that are no longer certified.
Sr. Member
Jun 15, 2017
736 posts
164 upvotes
Ontario, Canada
chantel85 wrote:
Feb 24th, 2018 2:46 pm
I received a speeding ticket in Kitchener, ON for driving 130km/hr on the 401 where the speed limit is 100km/hr on April 18, 2017. I requested for a court date to fight the ticket and my court date is March 27, 2018. I emailed the prosecutor for Disclosure and they replied with all the information. I was hoping that they wouldn't send the disclosure and then not having disclosure would get me out of going to court. What do I do now? The speeding ticket says that the incident occurred at 12:00AM, however, it was actually 12:00PM when it occurred. Speeding ticket says the weather says "sunny" and the disclosure says the speed laser was checked at 6:30AM and 2:40PM, which is out of the time range of the 12:00AM occurrence. Would this mix up between AM and PM be reason enough to get out of the ticket in court?
In Ontario the time is not a fatal error meaning if you bring it up they will just correct it.

Another poster mentioned to check about the LIDAR ... in Ontario there is absolutely no requirement for RADAR or LIDAR to ever be calibrated and it never has to be re-certified. They could be using equipment from the 60's (there not) and as long as the officer beleives it was working correctly then court will accept it.

Best bet is to show up for trial and talk to prosecutor before it starts. Ask if they will drop it to 15 over. They will mostly likely agree to drop it to something less than 30 over (probably something between 15 over and 25 over) so it will save you a few bucks.
--
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
Jun 6, 2004
1574 posts
21 upvotes
Toronto
hi, my dad recently got a "Obstruct Plate" ticket, which i assume its "license plate cover" ticket for $110.

he will fight it, what option should he go with?

Option 2# Early Resolution - Meet with Prosecutor w/Chinese Interpreter
Option 3# Trail Option

thanks
Newbie
Aug 29, 2013
4 posts
Toronto
Hi, I had a clean driving record got pulled over near Cornwall and the police officer issued 3 tickets:
a. speeding 149km/h at 100km/h zone (I was driving exactly at 141km/h, ticket not reduced, but the police officer told me it's going to be 3 points)
b. failed to surrender insurance card
c. failed to surrender vehicle permit

I do have the insurance card and vehicle permit at home. Now the thing is that I live in Toronto, so taking a one day vacation and a trip to Cornwall will cost me like $200-$250.

I asked for trial but the court mailed me with an Early resolution meeting notification on March 27. I asked the court, and if I dont show up on ERM, a trial will be scheduled around summer/September. Questions:

1. My insurance renews in end of October. I suppose if I delay the trial date to after my renew date, I can get away from the insurance increase for the first year? Does court allow the delay?

2. Which of the following choices would be best for me? I heard the Cornwall court is very tough and I'm better off to do the early resolution, not sure if it's true.
A. A Cornwall local paralegal who is willing to represent me in the ERM for $200
B. A company I found online who is willing to represent me in both ERM and possibly trial for $350
C. Skip ERM (since I don't want to waste an extra day), and go to trial myself.
D. Just do nothing and pay it...

3. Will the two minor tickets (no insurance card and no vehicle permit)affect my insurance rate? I've been trying to find this out but got conflicting answers

4. How does the police officer know that I do have insurance? I heard driving without insurance is a $5000 fine instead of the minor ticket I got.

Thank you!!!
Last edited by lzljzys on Feb 27th, 2018 12:23 am, edited 6 times in total.
Newbie
Jun 8, 2009
4 posts
Kitchener
ShrekTek wrote:
Feb 24th, 2018 10:42 am
What province?

What is actual charge and section number?

What do you mean by 17+15+appeal?
Hi ShrekTek, It was in Kitchener, ON. The ticket says By-law 2007-138 Part V 8(A).

I referred to the earlier post...If I do nothing on the ticket, then a "Notice of Impending Conviction" will be sent to me after Day 17. Then I could request a trial within another 15 days.

Thanks,
Deal Addict
Feb 3, 2009
2199 posts
1184 upvotes
Hi Shrektek,

I received a ticket for "failure to yield to pedestrian (144(7)) last January.

I was going northbound on Kennedy Rd., making a right on Sheppard Ave. (eastbound). It was green light and there was pedestrians crossing from both sides...I waited until the pedestrian from my side reached the middle, and the approaching pedestrian was either at the middle too or right before it. That is when I made my turn, and that is when the cop came to pull me over. The video also shows this too. The pedestrians from both sides were walking around the same speed, but the approaching side had 3 lanes and the side I was turning on had 2 lanes.

The disclosure mentions the approaching pedestrians has passed the middle point when I started to turn (which they didn't), but I did not hit them.

Here is the video:


I have went to court twice now:

1. I requested a trial, but there was not enough time for it. I talked to the police afterwards. He did not review the video, but he agrees that if what I say was true, and the video shows the pedestrians did not cross the mid-way point, he would ask the judge to drop the charges.

2. The prosecutor has reviewed the video, but mentions that because of the low resolution, it is not a reliable evidence. My trial was postponed again due to the lack of time.

3. My next trial date is in April, which will make it 16 months from the ticket date...and I have taken 2 days off at work for this so far.

Do you have any suggestions on what to do?

I have posted about this before here in the automotive section: https://forums.redflagdeals.com/definit ... h-2114890/
Deal Fanatic
User avatar
Mar 23, 2008
9085 posts
5563 upvotes
Edmonton
timonwong wrote:
Feb 27th, 2018 4:10 pm
Hi Shrektek,

I received a ticket for "failure to yield to pedestrian (144(7)) last January.

I was going northbound on Kennedy Rd., making a right on Sheppard Ave. (eastbound). It was green light and there was pedestrians crossing from both sides...I waited until the pedestrian from my side reached the middle, and the approaching pedestrian was either at the middle too or right before it. That is when I made my turn, and that is when the cop came to pull me over. The video also shows this too. The pedestrians from both sides were walking around the same speed, but the approaching side had 3 lanes and the side I was turning on had 2 lanes.

The disclosure mentions the approaching pedestrians has passed the middle point when I started to turn (which they didn't), but I did not hit them.

Here is the video:

I have went to court twice now:

1. I requested a trial, but there was not enough time for it. I talked to the police afterwards. He did not review the video, but he agrees that if what I say was true, and the video shows the pedestrians did not cross the mid-way point, he would ask the judge to drop the charges.

2. The prosecutor has reviewed the video, but mentions that because of the low resolution, it is not a reliable evidence. My trial was postponed again due to the lack of time.

3. My next trial date is in April, which will make it 16 months from the ticket date...and I have taken 2 days off at work for this so far.

Do you have any suggestions on what to do?

I have posted about this before here in the automotive section: https://forums.redflagdeals.com/definit ... h-2114890/
Is that a video of your video? In any case, I don't see much evidence that you did or didn't cut a pedestrian off. Fortunately, I'm not a JP... :) And it is up to the JP, not the prosecutor, to determine whether the video is reliable or not. But I wouldn't submit it the way you did here. The actual video, on multiple flash drives, with your laptop to display it.

You should get your ducks in order to try to get your case dismissed due to the time delays. Whether it works or not, who knows. But get your arguments together, your previous reference cases, etc. You should be able to research a fair amount in the time you have.

ETA: It looks like you're in a parking lot, with a big pile of snow in front of you... And I see no pedestrians crossing in front of you.

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