Automotive

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

Banned
Dec 5, 2012
60 posts
5 upvotes
TORONTO
Thanks a bunch. Any idea roughly how long it takes from the time I file a notice of intention to appear for trial? And how much can I stall it?
Deal Guru
May 1, 2012
10538 posts
11427 upvotes
Toronto
tadius wrote: Thanks a bunch. Any idea roughly how long it takes from the time I file a notice of intention to appear for trial? And how much can I stall it?
Depends which court you are going to. For example, Toronto may take up to 6 months, Scarborough maybe 4 months, Newmarket 7 months, etc...

You can stall once with the prosecution but it will mean that you have waved your rights to 11B. So the absolute latest you may show up to court is maybe 12-15 months.
Deal Guru
May 1, 2012
10538 posts
11427 upvotes
Toronto
icilii wrote: I received my notice of trial for February and want to reschedule the date for March.
I was told by the out-of-town court on the phone to get a request for adjournment of first trial date form from my local provincial offenses court, and to fax it to their prosecutor's office.
How do I fill this out? It looks like a form that needs to be filled by an office clerk, not me.
Go there and fill it out at the Prosecution office. Also, by doing so you will have waved your rights to 11B. You can also ask the JP for an adjournment during your first trial, which will most likely be given if you have a decent reason. That will also mean you have waved 11B.
Deal Addict
User avatar
Aug 12, 2006
4473 posts
3843 upvotes
Ontario
What a wealth of information thread, thanks to djino , and others.

I thought I'd add my two cents. As I doubt it is in the prior pages, but not going to read 460 pages to see. If you followed a lot of the prior info, sometimes I watch the lawyers as they get to go first, follow a sharp one out, and hire them for cash to take the case on the spot. They generally cut their fee, as they are already there. They not only get you out of there quicker, they have experience with technicalities, and negotiations.
Deal Addict
User avatar
Nov 1, 2007
4007 posts
1352 upvotes
Scarborough
I got a traffic ticket this summer for not stopping at a stop sign on a bike. I did stop, but it was more of a rolling stop than full. This is actually my first ticket ever, funny that it's for a bike and not a car. What is my best strategy? My trial is the end of this month.
Newbie
Nov 19, 2014
1 posts
Etobicoke, ON
I got pulled over last week for checking my messages on my phone at a red light. To add the officer also gave me a speeding ticket for doing 128 in a 100 zone. I have never fought a ticket before, but this time I have to as I am worried about how this will effect my insurance. I have 4 other speeding tickets that I got between Jan and Mar (all reduced to doing 15 over only). I have been looking into the process a bit of fighting this myself but I not sure if I understand the process correctly. What are the steps? What are my chances in court? How do I defend myself? How can I drag this as long as possible?
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
flamez1000 wrote: I got a traffic ticket this summer for not stopping at a stop sign on a bike. I did stop, but it was more of a rolling stop than full. This is actually my first ticket ever, funny that it's for a bike and not a car. What is my best strategy? My trial is the end of this month.
Well based on your own admission you did a rolling stop, so really your only strategy is to ask for disclosure and hope to drag things out long enough for you to file for a stay due to insufficient disclosure, or hope the officer doesn't show at your trial.
Newbie
Oct 28, 2013
3 posts
if i go to the court, the prosecutor asks me what is my purpose to come here, to reduce the fines? what should i answer? will s/he tell me the policy is not here and cancel my charge?
Newbie
Sep 27, 2014
14 posts
Toronto, ON
Hi all,

I have a court date tomorrow, charged with improper lane change (going from the right lane to the left), which resulted in an accident (someone hit me from behind). Essentially, as I changed lanes, from right lane to left, the traffic in front of me abruptly stopped, so I stopped and there was a guy coming from behind (he was in the left lane), he also completely stopped but abut 5 seconds later, he hit me, citing that he let go of his break. The guy who hit me from behind is a witness I am assuming? I heard that if the witness OR the cop no show that my charge will be dropped? Is this true? So if I go there, and the witness OR the cop isn't there do I ask the prosecutor to drop the charge? What if they say now? Any input will be greatly appreciated.

Thanks in advance!

Sid
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
ying0134 wrote: if i go to the court, the prosecutor asks me what is my purpose to come here, to reduce the fines? what should i answer? will s/he tell me the policy is not here and cancel my charge?
Usually not, but for my court date I had a really nice prosecutor who rushed through a whole bunch of cases because he knew the cop hasn't shown up. So a few of the "not guilty" cases including mine got dropped. But then the officer showed up and it was back to usually for the rest of the people. I got really lucky.
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Sid416 wrote: Hi all,

I have a court date tomorrow, charged with improper lane change (going from the right lane to the left), which resulted in an accident (someone hit me from behind). Essentially, as I changed lanes, from right lane to left, the traffic in front of me abruptly stopped, so I stopped and there was a guy coming from behind (he was in the left lane), he also completely stopped but abut 5 seconds later, he hit me, citing that he let go of his break. The guy who hit me from behind is a witness I am assuming? I heard that if the witness OR the cop no show that my charge will be dropped? Is this true? So if I go there, and the witness OR the cop isn't there do I ask the prosecutor to drop the charge? What if they say now? Any input will be greatly appreciated.

Thanks in advance!

Sid
If he cited he let go of his brakes and that's why he hit you from behind, why did the officer charge you instead? Or did he tell a different story to the cop?
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Nobody105 wrote: I got pulled over last week for checking my messages on my phone at a red light. To add the officer also gave me a speeding ticket for doing 128 in a 100 zone. I have never fought a ticket before, but this time I have to as I am worried about how this will effect my insurance. I have 4 other speeding tickets that I got between Jan and Mar (all reduced to doing 15 over only). I have been looking into the process a bit of fighting this myself but I not sure if I understand the process correctly. What are the steps? What are my chances in court? How do I defend myself? How can I drag this as long as possible?
Did you read the first post of this thread? It's pretty informative and gives you the steps to follow if you decide to fight your tickets.
Newbie
Sep 27, 2014
14 posts
Toronto, ON
Hi rvs007, yes, he told the officer a different story, basically that I did an unsafe lane change. Any ideas on whether the case will be dropped if the witness doesn't show up? and the cop does? Thanks
Deal Addict
User avatar
Jul 10, 2007
4412 posts
303 upvotes
Toronto
Got a ticket for no front plate today. Is it a non-moving violation? Will it raise my insurance premiums? I don't plan on mounting my plate anytime soon and probably will rack up a few more of these in the next few years.
Deal Expert
Aug 26, 2002
15719 posts
7445 upvotes
Toronto, ON
Sid416 wrote: Hi rvs007, yes, he told the officer a different story, basically that I did an unsafe lane change. Any ideas on whether the case will be dropped if the witness doesn't show up? and the cop does? Thanks
I think it's likely your ticket would be dropped if the other driver doesn't show up as a witness. Because even if the cop shows, all the information that the cop will present against you is hearsay as it is all from the witness.
Newbie
Nov 20, 2014
1 posts
British Columbia
Sorry if this has been asked. I have a long and excellent driving record. I was recently given a violation ticket for 'disobeying a traffic signal'. My understanding is that the officer has the discretion to issue a warning ticket. I feel, considering my very good record, that the officer could have given me a break and issued a warning ticket instead of a violation ticket. Is this an argument that could be used in a dispute?
Newbie
May 8, 2012
5 posts
TORONTO
i was given a $240 ticket for not wearing a seatbelt on the backseat. Initially I plead guilty with early resolution, but the prosecutor that called me (as i live more than 75 KM away) did not give me a deal so i let it go to the trial.
On the trial day prosecutor said he will be able to get me a deal of $85 from the crown which was great. During the court session the prosecutor asked me to follow him to the prosecutor's office outside the court room where he told me he wont be able to get me a deal since the crown that day has a history of not cutting deals with anyone. He suggested me to pay the full fine and i asked him for some time to think outside his office. Right after i left the office, the cop that gave me the ticket went in and closed the door. After the cop left, prosecutor came to me and dropped the charge without it going to the actual trial.

Does anyone know why would this happen? What made the prosecutor change his mind even though cop showed up at the trial? Not that i am complaining :) Thanks.
Deal Guru
May 1, 2012
10538 posts
11427 upvotes
Toronto
blargghy wrote: Sorry if this has been asked. I have a long and excellent driving record. I was recently given a violation ticket for 'disobeying a traffic signal'. My understanding is that the officer has the discretion to issue a warning ticket. I feel, considering my very good record, that the officer could have given me a break and issued a warning ticket instead of a violation ticket. Is this an argument that could be used in a dispute?
You will be convicted and your offense will stick. Your argument is not a right, it's a plea for sympathy. The JP will reject it.
Deal Guru
May 1, 2012
10538 posts
11427 upvotes
Toronto
taz1984 wrote: i was given a $240 ticket for not wearing a seatbelt on the backseat. Initially I plead guilty with early resolution, but the prosecutor that called me (as i live more than 75 KM away) did not give me a deal so i let it go to the trial.
On the trial day prosecutor said he will be able to get me a deal of $85 from the crown which was great. During the court session the prosecutor asked me to follow him to the prosecutor's office outside the court room where he told me he wont be able to get me a deal since the crown that day has a history of not cutting deals with anyone. He suggested me to pay the full fine and i asked him for some time to think outside his office. Right after i left the office, the cop that gave me the ticket went in and closed the door. After the cop left, prosecutor came to me and dropped the charge without it going to the actual trial.

Does anyone know why would this happen? What made the prosecutor change his mind even though cop showed up at the trial? Thanks.
1. Early resolution, the Prosecution thought they had an ironclad case against you and did not offer you a plea deal.
1. At the trial, the Prosecution initially thought they wanted to give you a plea bargain so they don't have to fight you in front of the JP.
2. Upon reviewing your files, they found that there was no way they could lose, so they pulled the plea bargain.
3. The Officer who charged you decided that he wanted to give you a break, so he told the Prosecution to drop your charge.
4. You should go find that Officer and thank him. I am serious, that guy/girl did you a really big solid. Good Guy Greg.

The Prosecution cannot try and convict you, if the Officer who ticketed you is unwilling to charge you.
Newbie
Nov 13, 2014
7 posts
Etobicoke, ON
stewart410 wrote: Hello,

A newbie to this forum. I re-post the following as it seems that I might have posted to a different forum and therefore did not get any response.

Here is my situation:

I was going to celebrate Labor Day with my family. I was driving on DVP then exit to Bayview. It is a route that I have not driven for few years.

While on Bayview Ave, on the fast lane, there was a black Honda Civic. I was on slow lane. My car is also a Honda Civic. There was a bicycle about 100 meters in front of me. So, I changed lane and followed the black Civic. I was driving approximately @75km.

The officer stopped both of us in fast lane. Then he told me to pull over. He gave me a ticket @09:37 am. But I don't think I would be able to stop and not hitting that Civic if I was driving 87km.


I received the disclosure. It is a typed file. I produced it as followed:
'1, On Sept 1st, 2014 at 0710 hrs, I tested laser Atlanta (KIDAR) tps #0067 (s/n 22638) and determined that it was working properly.
2, I am trained and qualified operator of the above mentioned speed measuring device.
3, I was operating scout car 5180, parked on Bayview, North of Rosedale Valley Road for the purpose of enforcing speed limit.
4, this areas has a posted speed limit of 60km, there is a sign approx 1.2km north of my location and another sign approx 300m north of my location.
5, Bayview has 2 lanes for N/B and 2 lanes for S/B
6, I observed a vehicle which appeared to be travelling at a high rate driving in lane 2 of 2.
7, I had a clear and unobstructed view of the vehicle, I pointed my speed measuring device directly at the vehicle and I received a digital readout of 87km at a distance of 292.3m.
8, I stopped the vehicle, a blue Honda Civc, with licence #___.
9, A 1128 hrs, I tested laser atlanta (Lidar) tps #0067 (s/n 22638) and determined that it was working properly.'

Appreciate any input to fight this ticket.

Could anyone help me with my case?

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