Automotive

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

Deal Addict
Jun 6, 2004
1542 posts
12 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
2 posts
Waterloo
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
2004 posts
1108 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
6911 posts
3919 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.

C
Deal Addict
Feb 3, 2009
2004 posts
1108 upvotes
CNeufeld wrote:
Feb 27th, 2018 5:30 pm
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.

C
Hi,

No, the video footage is from the police's dashcam. I received this from the disclosure.

Thanks
Newbie
Feb 26, 2018
3 posts
1 upvote
I received a parking ticket for parking in a fire route at the Etobicoke olympiam. the ticket says i violated by-law 880-14. When I looked up the by law it said that a Fire route sign shall have several features such as Prominently show the symbols words and colours as outlined in Schedule B of the by-law. When I looked at schedule B it provided a detailed picture. I've attached the link below.

Your text to link here...

The sign close to where I parked had all the red removed. So there was a P but red circle with a line through it. Schedule B clearly says tat this colour and symbol must be present. I believe it is the responsibility of the Etobicoke Olympiam to keep the signs in good repair.

I have a few other points but I was wondering if the fact that the sign was not as the schedule B says it must be is a good enough reason to get out of the ticket.

I'll also add that I did not intentionally park in a fire route. I was dropping off my daughter for an early morning swim practice; it was dark and their was a row of cars parked - they all got tickets -
in what I now know is a fire route. I never park in that area and I assumed it was ok. (the lot was packed due to a swim meet). The sign is also adjacent to an area where only employees can park so it looks like any signs prohibiting parking is for that area. So on one side of the sign is the employee parking lot and then on the other side of the sign is a paved path that leads to the park. I parked on the other side of this paved path. Again it appears the sign has to do with the employee parking area and not with anything after the path.

Sorry I know a picture would show this more clearly but I can't see how I can upload images.

Any advice/insight is appreciated
Jr. Member
User avatar
Oct 25, 2016
155 posts
84 upvotes
COURT DATE MARCH 8TH - HELP

I was driving and received a speeding ticket for going 10km over the speed limit in BC. This happened Feb 8th, 2017 (over a year ago) I have a court date set for March 8th.

I did request disclosure and it was provided--though there is no video, simply a copy of the ticket and Police officer notes.

Thoughts?
Member since Feb 19, 2008
Deal Addict
User avatar
Dec 27, 2013
1611 posts
508 upvotes
Winnipeg
ElliottGalt wrote:
Feb 28th, 2018 5:27 pm
COURT DATE MARCH 8TH - HELP

I was driving and received a speeding ticket for going 10km over the speed limit in BC. This happened Feb 8th, 2017 (over a year ago) I have a court date set for March 8th.

I did request disclosure and it was provided--though there is no video, simply a copy of the ticket and Police officer notes.

Thoughts?
You might as well have said: I got a speeding ticket... thoughts?

I guess the only thing anybody can tell you now (having the info that you provided) is to show up on the 8th and hope that the PO does not show up.
Deal Fanatic
User avatar
Mar 23, 2008
6911 posts
3919 upvotes
Edmonton
ElliottGalt wrote:
Feb 28th, 2018 5:27 pm
COURT DATE MARCH 8TH - HELP

I was driving and received a speeding ticket for going 10km over the speed limit in BC. This happened Feb 8th, 2017 (over a year ago) I have a court date set for March 8th.

I did request disclosure and it was provided--though there is no video, simply a copy of the ticket and Police officer notes.

Thoughts?
Thoughts? If you were speeding, and the officer’s notes are good, you can show up for your trial and try to get a deal from the prosecutor, or hope the officer doesn’t show. Failing that, you’re wasting your time going to trial and might as well pay up.

Since you don’t provide much information, you’re not likely to get much help.

C
Sr. Member
User avatar
Dec 9, 2006
890 posts
57 upvotes
Mississauga
CNeufeld wrote:
Feb 28th, 2018 6:29 pm
Thoughts? If you were speeding, and the officer’s notes are good, you can show up for your trial and try to get a deal from the prosecutor, or hope the officer doesn’t show. Failing that, you’re wasting your time going to trial and might as well pay up.

Since you don’t provide much information, you’re not likely to get much help.

C
So question I got a speeding ticket that was reduced and I would have had a clean record. Can I request a trial and see if the cop shows and if he does can I just plead guilty to the reduced charge right then and there? Or will I get charged the non reduced offence? Thanks. The ticket cost itself is irrelevant; I just want to save my insurance prems
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
SWstriker17 wrote:
Feb 28th, 2018 6:48 pm
So question I got a speeding ticket that was reduced and I would have had a clean record. Can I request a trial and see if the cop shows and if he does can I just plead guilty to the reduced charge right then and there? Or will I get charged the non reduced offence? Thanks. The ticket cost itself is irrelevant; I just want to save my insurance prems
Yes, if cop shows at trial you can just plead guilty to lower speed and they can not raise.

They can only raise it back up IF the trial starts AND you plead not guilty AND the officer takes the witness stand and testifies to higher speed.
--
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
lusiads wrote:
Feb 28th, 2018 1:08 pm
I received a parking ticket for parking in a fire route at the Etobicoke olympiam. the ticket says i violated by-law 880-14. When I looked up the by law it said that a Fire route sign shall have several features such as Prominently show the symbols words and colours as outlined in Schedule B of the by-law. When I looked at schedule B it provided a detailed picture. I've attached the link below.

Your text to link here...

The sign close to where I parked had all the red removed. So there was a P but red circle with a line through it. Schedule B clearly says tat this colour and symbol must be present. I believe it is the responsibility of the Etobicoke Olympiam to keep the signs in good repair.

I have a few other points but I was wondering if the fact that the sign was not as the schedule B says it must be is a good enough reason to get out of the ticket.

I'll also add that I did not intentionally park in a fire route. I was dropping off my daughter for an early morning swim practice; it was dark and their was a row of cars parked - they all got tickets -
in what I now know is a fire route. I never park in that area and I assumed it was ok. (the lot was packed due to a swim meet). The sign is also adjacent to an area where only employees can park so it looks like any signs prohibiting parking is for that area. So on one side of the sign is the employee parking lot and then on the other side of the sign is a paved path that leads to the park. I parked on the other side of this paved path. Again it appears the sign has to do with the employee parking area and not with anything after the path.

Sorry I know a picture would show this more clearly but I can't see how I can upload images.

Any advice/insight is appreciated
Unintentionally parking there is not a defense.

But holding them accoutable to their own laws is! If they have not met there own bylaws for the signs that is good for you. Not a slam dunk win, but a good cross-examiner could probably win.
Read this thread and look for the links on how to cross-examine:
https://shrektek.ca/speeding/62-represe ... -the-truth
--
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
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: definition-yielding-pedestrian-toronto- ... h-2114890/
Personally I would have objected at the 2nd trial to a 3rd one and said that it was already your 2nd time there so they should just drop it. If anything happens at 3rd trial and they want to move it again make sure you OBJECT.

As far as pedestrian crossing from your side, you do NOT have wait for them to cross all the way to the other side, so once they are passed you you can go. It is only at pedestrian crossovers that you have to wait for them to get to other side, but this was at a crosswalk and not a crossover so it was fine that you went as soon as they passed in front of you.

As far as pedestrians coming from the other side, there is nothing in 144(7) that says anything about half way point. It simply says "driver shall yield the right of way to pedestrians lawfully within a crosswalk" so cross-examination questions to the officer would include:
- Did I cut the pedestrian off?
- Did the pedestrian have to slow their walk so they would not get hit my car?
- Did I cause the pedestrians walk to be interupted in anyway?
- The video show you as being how far away from the intersection?
- It looks to me in the video that the pedestrians from the other side were not even anywhere near the pedestrian I had just let pass yet. Do you agree?

Even if the officer testifies per his notes that the pedestrian was past half way point, the officer still has to testify that you somehow interrupted them and that would be not giving right of way. Just because the pedestrian is in the crosswalk does not mean you have to wait for them. My opinion of yield-right-of-way would be that you would somehow impede them. If they are far enough away then you proceeding did not impede 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
163 upvotes
Ontario, Canada
kwgunca wrote:
Feb 27th, 2018 1:46 pm
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,
If you try to fight it and then decide to back out, then no it will not cost you anymore. You have nothing to lose by requesting trial and asking for disclosure.

Notice of impending conviction I think only applies to parking tickets. You might want to look into that.
--
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.
--

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