Automotive

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

Sr. Member
Jun 15, 2017
735 posts
163 upvotes
Ontario, Canada
sky888 wrote:
Feb 27th, 2018 12:13 am
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
Early resolution is usually a waste of time as you can have the same conversation before trial and it is one less visit.

Plead not guilty and request a trial and when you get your notice of trial, then you can request disclosure (officers notes) and find out the exact reason for 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.
--
Sr. Member
Jun 15, 2017
735 posts
163 upvotes
Ontario, Canada
lzljzys wrote:
Feb 27th, 2018 12:23 am
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!!!
Due to distance, you may be able to do phone meeting with prosecutor for early resolution. Call office and ask if this is possible.

I would scan and fax copies of current permit and current insurance card to prosecutor before meeting.

Sometimes with paperwork crimes, prosecutor will drop the fail to produce permit and fail to produce insurance if you plead guilty to speeding. They are not obligated to do this, but there is a good possibility. If they offer you this deal then I would take it.

Due to distance, early resolution by phone may be benficial to you so that you know what the prosecutor will or will not offer. If you do not like what they offer then you can proceed to trial.

As a side note, fail to produce insurance card is NOT the same as failling to have insurance. It is a relatively minor charge in comparision.

As another side note, if you take all three charges to trial, you almost definitely be found guilty of failing to provide insurance and failling to provide permit. These are absolute liability meaning there is no reason for not providing them that will get you off. Officer will say you did not provide them. You will say "But bla bla bla". JP will say "bla bla bla does not matter. officer says you did not provide them. GUILTY."
--
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.
--
Jr. Member
User avatar
Oct 25, 2016
154 posts
84 upvotes
mbmbkop wrote:
Feb 28th, 2018 6:28 pm
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.
This is not terribly helpful. To say that I have not provided enough information, and then for you to provide no information on what is missing... is kind of the kettle calling the pot back.

You might as well said nothing. However, if you desired to help, you could direct me to provide the missing relevant information.

I have provided the province, how much I was accused of speeding, Date of the offence and the court date.
Member since Feb 19, 2008
Newbie
Aug 29, 2013
2 posts
Waterloo
ShrekTek wrote:
Mar 1st, 2018 2:20 pm
Due to distance, you may be able to do phone meeting with prosecutor for early resolution. Call office and ask if this is possible.

I would scan and fax copies of current permit and current insurance card to prosecutor before meeting.

Sometimes with paperwork crimes, prosecutor will drop the fail to produce permit and fail to produce insurance if you plead guilty to speeding. They are not obligated to do this, but there is a good possibility. If they offer you this deal then I would take it.

Due to distance, early resolution by phone may be benficial to you so that you know what the prosecutor will or will not offer. If you do not like what they offer then you can proceed to trial.

As a side note, fail to produce insurance card is NOT the same as failling to have insurance. It is a relatively minor charge in comparision.

As another side note, if you take all three charges to trial, you almost definitely be found guilty of failing to provide insurance and failling to provide permit. These are absolute liability meaning there is no reason for not providing them that will get you off. Officer will say you did not provide them. You will say "But bla bla bla". JP will say "bla bla bla does not matter. officer says you did not provide them. GUILTY."
Thanks for replying!! It sounds like ERM is my best bet! I called the court and sadly ERM over the phone is not an option, so I'll have to use the local paralegal, one appearance for $200... : (

I heard that the prosecutor might give me a few options, either drop the paperwork ticket or lower the speeding ticket.
To make a decision, I am wondering 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. Thank you~~
Newbie
Feb 7, 2007
34 posts
2 upvotes
Toronto
I received a speeding ticket of 74km/h in a 50km/h zone a couple of weeks ago. I selected the early resolution option and was wondering what are the chances of having the ticket reduced to something that won't affect my insurance. I have a clean record and I'd like to keep it that way and have no problems paying a fine.
Sr. Member
Jun 15, 2017
735 posts
163 upvotes
Ontario, Canada
lzljzys wrote:
Mar 2nd, 2018 3:27 am
Thanks for replying!! It sounds like ERM is my best bet! I called the court and sadly ERM over the phone is not an option, so I'll have to use the local paralegal, one appearance for $200... : (

I heard that the prosecutor might give me a few options, either drop the paperwork ticket or lower the speeding ticket.
To make a decision, I am wondering 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. Thank you~~
Most likely yes it will, but insurance companies vary so only way to know for sure is to ask them directly.

And consider how much will you save if tickets are dropped (fine + insurance) versus the cost if you hire a paralegal.
Most people fail to consider the cost of an insurance increase, so if the paperwork fines carry no insurance increase then there is probably not much benefit to sending paralegal to try and get them dropped. If they DO carry insurance increase then it may be a big benefit to send paralegal.

Also remember that insurance companies do not care about demerits, so even a 0 demerit speeding ticket can cause an increase.

Also consider that a friend or family member could go to early resolution on your behalf which would be cheaper than hiring a paralegal.
--
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
735 posts
163 upvotes
Ontario, Canada
DudebuD wrote:
Mar 2nd, 2018 12:47 pm
I received a speeding ticket of 74km/h in a 50km/h zone a couple of weeks ago. I selected the early resolution option and was wondering what are the chances of having the ticket reduced to something that won't affect my insurance. I have a clean record and I'd like to keep it that way and have no problems paying a fine.
In Ontario, chances of having it reduced to something that won't affect your insurance are 0.

Even if you get it reduced to 15 over, which is 0 demerits, this can still affect your insurance. Insurance companies do not care about demerits. 15 over is 0 demerits and 24 over is 3 demerits but insurance company sees them as the same.

If the ticket was not reduced by the police officer at the roadside, there is a good chance the prosecutor will offer you a deal to a reduced speed. They have absolutely no obligation to do so, but probably will. This will save you some money on your fine, but it will still affect your insurance.
--
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 Fanatic
User avatar
Mar 23, 2008
6169 posts
3347 upvotes
Edmonton
DudebuD wrote:
Mar 2nd, 2018 12:47 pm
I received a speeding ticket of 74km/h in a 50km/h zone a couple of weeks ago. I selected the early resolution option and was wondering what are the chances of having the ticket reduced to something that won't affect my insurance. I have a clean record and I'd like to keep it that way and have no problems paying a fine.
Odds of getting it reduced to nothing is slim. You might get it knocked down one notch (assuming the cop didn’t already reduce it), or you could try to fight it in court and hope the cop doesn’t show.

You can check with your insurance company to see if you have any kind of “forgiveness “ included in your policy.

C
Newbie
Feb 7, 2007
34 posts
2 upvotes
Toronto
ShrekTek wrote:
Mar 2nd, 2018 12:58 pm
In Ontario, chances of having it reduced to something that won't affect your insurance are 0.

Even if you get it reduced to 15 over, which is 0 demerits, this can still affect your insurance. Insurance companies do not care about demerits. 15 over is 0 demerits and 24 over is 3 demerits but insurance company sees them as the same.

If the ticket was not reduced by the police officer at the roadside, there is a good chance the prosecutor will offer you a deal to a reduced speed. They have absolutely no obligation to do so, but probably will. This will save you some money on your fine, but it will still affect your insurance.
The cop reduced the fine on the spot without me even saying a word, but he did not reduce the speed.

Secondly, he asked for my ownership and I had to flip through a couple of folders to find it, but he then asked if the vehicle is a company vehicle, which it is. At that point he said not to worry about finding the ownership, which I found quite odd.

Thank you.
Sr. Member
Jun 15, 2017
735 posts
163 upvotes
Ontario, Canada
DudebuD wrote:
Mar 2nd, 2018 1:07 pm
The cop reduced the fine on the spot without me even saying a word, but he did not reduce the speed.

Secondly, he asked for my ownership and I had to flip through a couple of folders to find it, but he then asked if the vehicle is a company vehicle, which it is. At that point he said not to worry about finding the ownership, which I found quite odd.

Thank you.
Is this in Ontario? Officer can NOT reduce the fine. The fine is set based on the speed. If speed was not reduced then fine was not reduced. If fine was reduced then speed was reduced.
--
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
1534 posts
12 upvotes
Toronto
ShrekTek wrote:
Mar 1st, 2018 2:13 pm
Early resolution is usually a waste of time as you can have the same conversation before trial and it is one less visit.

Plead not guilty and request a trial and when you get your notice of trial, then you can request disclosure (officers notes) and find out the exact reason for charge.
thank you
Newbie
Mar 1, 2018
1 posts
Hi!

I have a ticket from March of last year. (I sent an agent to delay court date once already. The cop had showed up.) Court date is this week.

The offence: "proceed contrary to sign at intersection."
The situation: The sign said "no left turn 7 am - 10 pm" but I read it as "7 am to 10 am." I *saw* the cop sitting at the intersection; read the sign again and went ahead and made the turn, got immediately pulled over.
Added context: Within a month or so of the ticket, they erected a big lit sign indicating no left turn that is illuminated during the effective hours. (presumably because so many people were not aware / did not read the sign properly.)

This is my first time in traffic court. What should I do?
Thank you, in advance, for any advice!

-Snofruit
Sr. Member
Feb 25, 2005
508 posts
15 upvotes
Hi everyone, I just got a ticket today in Markham for "Disobey Stop Sign- Fail to Stop". Will I get any demerit points taken for this ticket? The ticket is $110 total. If I were to sign up to go to court, will the ticket be reduced just like a speeding ticket in Toronto? I have never got this ticket before and never got a ticket in Markham before. I only had speeding tickets in the past in Toronto and when I went to court, it was reduced with no demerit points so it was worth it to go to court.

I know that it is not worth it to go to court for parking tickets anymore in Toronto as they don't reduce parking tickets anymore for 2 yrs now. So if anyone have any advice on this ticket, that would be great. Thanks :)
Newbie
Mar 3, 2018
1 posts
Hi guys,

I left the Shoppers Drug Mark parking lot, and was going to go into Yonge street via left turn at a stop sign, but didn't realize that left turns weren't allowed (there is a sign right next to the stop sign but I didn't notice it due to it being dark at 1 AM and it being my first time going that way). Right after I made the left turn into the middle lane, a cop car came up behind me and put the siren on. There were around 2-3 cars in all three lanes in front of me and it was a red light, so I moved a little bit to the front not sure what to do, since I didn't realize I made a wrong turn. I'm a pretty novice driver, so since I thought that the cop car was trying to pass, I pretty much emulated what other cars were doing - putting on a left/right signal but not really being able to move since there were cars in the way.

Soon enough, the cop car came beside me and the cop was yelling at me why I wasn't pulling over - I told him that I thought that he was trying to pass, and then proceeded to pull over to the right lane. He then asked for my license and insurance - but the registration I had in my wallet was expired. I was able to find the current insurance along with my registration inside the car, but I don't remember which one he took to the cop car to write down the tickets - the insurance or the registration.

He came back and issued three tickets - Disobey Sign, Fail to Surrender Insurance Card, and Fail to Stop on Right for Emergency Vehicle. Now I've been trying to research what to do for an hour since I got back home, and it looks like option 3 is the way to go according to this forum. I feel like if the cop did take the current insurance card with him (I don't recall), then that charge should be dropped, and I feel like the emergency vehicle ticket is stretching it, since I didn't realize (and neither did a lot of drivers) that he was putting the siren on for me, and I did pull over once I understood. But the disobey sign is definitely legitimate, even though I didn't realize that I was making an incorrect turn.

Obviously you guys can see how inexperienced I am at this - should I be going with option 3? I would really appreciate the help.
Deal Addict
User avatar
Mar 8, 2008
2508 posts
266 upvotes
Toronto
Questions about appeal,

I received a ticket and went to trial which I lost, in term the prosecutor asked for a higher fine which was granted. Question is if I appeal the decision would I also get an early resolution meeting or its straight to another trial?\\

Also I am in Ontario, am I legally required to tell my current insurance company that I was convicted? In addition is the conviction date from the date of the ticket or from the trial date?

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