Automotive

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

Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
dealhntr wrote: Hi,

Thanks for quick reply. Can you answer following questions?

1. Should I meet with prosecutor or go for Trial option?

2. The ticket doesn't say any demerit points. Am I getting any demerit points though with speeding?

3. What I will say in trial?

Thanks.
1) Doesn’t matter. The pre-trial conference will let you try to work out a deal with the prosecutor before the trial, but you can do that on the day of your trial as well.

2) At 30+ over, yes, you’re getting demerits if you’re convicted. But unless you’re close to a license suspension due to multiple tickets, the demerits are pretty meaningless. Any conviction for speeding will likely have a similar insurance impact, until you get up to 50+ over.

3). Until you have disclosure, there’s no point in thinking about what to say in trial. Keep in mind that unless you find a flaw in the evidence, you will almost certainly getting a conviction, assuming the officer shows up (which he’s paid to do). Even if there is a flaw, you’ll be arguing against a system that is heavily weighted against you. The prosecution proves their case by basically having the officer testify he saw you at location XXX doing a speed of YYY. That’s all the evidence they typically need. It then falls on you to discredit their expert witness. And the prosecutor and officer have been doing this day in and day out for years.

C
Newbie
Mar 20, 2019
6 posts
I got a parking ticket from Town of Richmond Hill, and the 9 in 2019 was missing from the date. Check picture below. My research tells me an incorrect date can be amended, but the year is not incorrect, it’s missing. Can anyone else share some insight? Thanks.
Images
  • D3A665F8-6486-4593-99DB-55AE48FF80D0.jpeg
Member
User avatar
Aug 18, 2010
483 posts
129 upvotes
Toronto
Hello. I got a no Parking 12am-7am ticket on a street that has does not have that sign. Can someone tell me if I'm able to fight this?

https://www.google.com/maps/place/Sousa ... 79.4534746

This is the street where I got a ticket.

I got the ticket at 1am.

All the streets adjacent to it are all permit overnight, but I made sure this one didn't have it before I parked there. Is this something I can dispute online?

I have parked here lots of time, but this is the first time ever getting a ticket. (I only assumed I could, never tried to take advantage or take a chance)

A bunch of other cars on the street got tickets also.

Thanks and have a nice day.
Newbie
Apr 18, 2019
2 posts
My wife just got her first violation ticket for simply placing her phone on the cup holder screen locked and facing down as she (and I) usually do. The police officer acknowledge that she wasn't even using her phone but wrote a ticket for "using an electronic device" and told her to go ahead and dispute it. She has the "N" /Novice class and has never bothered to get a class 5 for more than 10 years now. The officer questioned why she hasn't taken her class 5.

We are definitely going to dispute it and I'm just wondering what is the best way to do this.

This is in British Columbia BTW.

Thanks!
Newbie
Mar 20, 2019
5 posts
Hi, I am resident of Ontario Canada. I received a ticket while speeding 90 in 65 zone in march 1st week near to court land ville, new york highway. I plead "not guilty" and sent my clean driver's abstract for last 5 years to court. I got return mail asking to appear in court in month of may to prove the charges along with address & phone number of attorney office to send documents via mail to if wish to have trail by mail. So i have sent abstract, letter of explanation via speed mail asking to kindly consider ticket as non-moving violation based on my record.

"Today i got mail (RECOMMENDED VEHICLE AND TRAFFIC DISPOSITION) stating that after considering my letter my speeding was reduced from 90 in 65 zone to 73 in 65 zone based on my driving record with amending 6 points violation to 3 points which is equal to 0 points in ONTARIO CANADA. On the back side of that letter, it says to plead guilty and accept the offer above if wish to avoid any further appearance in court and close the ticket with fine (yet to be decided).

So what are my options now to not plead guilty?? As i am 6 hours far from court, i cannot come in person. Kindly suggest please.
Newbie
Apr 13, 2019
3 posts
joshmxpx wrote: If those existed (which they do not), they would be considered third party disclosure, which is not required to be given out. Third party records do not fall under R vs Stinchcombe and require an O'Conner application.

OPP follow HTA requirements, and the only sections in their orders would refer to their own personal use of cell phones while driving...
These do exist but if it becomes important I will submit a FOI request.

To quote the OPP "The matrix of legislation and policy documents afford the front-line Ontario police officers both structure and flexibility to provide community-appropriate law enforcement."

Police Orders
- Official source of policy for the OPP that supports the OPP’s values, vision, mission and goals, and reflects provincial core policing functions identified in the Adequacy Standards.
- Police Orders is an ever-evolving document and is developed and maintained by Operational Research and Development Bureau.
- Employees are expected to comply with Police Orders, although they are expected to use judgment and discretion consistent with ensuring public/member safety.
- Generally Police Orders articulates organizational decisions of the Commissioner. In some instances Police Orders states or links to legislative/regulatory requirements to ensure employees are aware of their obligation to comply with such provisions.
- Police Orders also serves as conduit to other sources of information/resources deemed suitable/approved for use by the OPP.

Standard Operating Procedures/Manuals
- Standards Operating Procedural Manuals are program/activity-based procedures used to operationalize policy requirements. They may or may not be part of Police Orders.
- Standard Operating Procedures (SOPs) and Manuals housed within Police Orders are based on OPP-wide programs. They build on the foundation of policy by outlining approved methods of achieving required/desired outcomes with respect to operations, conduct or business processes.
- Compliance is expected similar to any other Police Order, recognizing the need for sound judgement and discretion in the interests of public/member safety.

Protocols
- Protocols may exist at any level within the organization. Some are driven by policy (e.g., Child Abuse and Neglect, Domestic Violence, Youth Crime) while others are developed by program area leads to maximize efficiency of business practices/activities.
- Organizational policies respecting protocols are topic oriented. Such policies indicate a specific requirement and responsibility to develop a protocol (e.g., Child Abuse and Neglect, Sexual Assault Investigation, Mutual Assistance Protocols with other Police Services) usually with specific stakeholders and generally setting out a framework of issues to be addressed.
- Compliance with Protocols is expected, although not binding.
Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
bhara2009 wrote: Hi, I am resident of Ontario Canada. I received a ticket while speeding 90 in 65 zone in march 1st week near to court land ville, new york highway. I plead "not guilty" and sent my clean driver's abstract for last 5 years to court. I got return mail asking to appear in court in month of may to prove the charges along with address & phone number of attorney office to send documents via mail to if wish to have trail by mail. So i have sent abstract, letter of explanation via speed mail asking to kindly consider ticket as non-moving violation based on my record.

"Today i got mail (RECOMMENDED VEHICLE AND TRAFFIC DISPOSITION) stating that after considering my letter my speeding was reduced from 90 in 65 zone to 73 in 65 zone based on my driving record with amending 6 points violation to 3 points which is equal to 0 points in ONTARIO CANADA. On the back side of that letter, it says to plead guilty and accept the offer above if wish to avoid any further appearance in court and close the ticket with fine (yet to be decided).

So what are my options now to not plead guilty?? As i am 6 hours far from court, i cannot come in person. Kindly suggest please.
My advise would be to pay the ticket and call it done. Your other option is to hire someone to represent you, but I think you’d likely end up with the same outcome. Or you could let it default to a conviction for 90 in a 65 zone and hope it doesn’t impact you in the future, but that seems like a bad bet to me.

C
Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
canknock wrote: My wife just got her first violation ticket for simply placing her phone on the cup holder screen locked and facing down as she (and I) usually do. The police officer acknowledge that she wasn't even using her phone but wrote a ticket for "using an electronic device" and told her to go ahead and dispute it. She has the "N" /Novice class and has never bothered to get a class 5 for more than 10 years now. The officer questioned why she hasn't taken her class 5.

We are definitely going to dispute it and I'm just wondering what is the best way to do this.

This is in British Columbia BTW.

Thanks!
File for a trial and request disclosure. See what the officer’s note describe. Go from there.

C
Newbie
Mar 20, 2019
5 posts
Sure. I am thinking the same, but i read on a website that once i plead guilty i would apprximately pay 245 USD (fine+court fee)-it would stay on my driving record for 3 years & insurance would go up by 30%. Learnt from my mistake but in a hard way.

Thanks for your time.
Newbie
Apr 18, 2019
2 posts
CNeufeld wrote: File for a trial and request disclosure. See what the officer’s note describe. Go from there.

C
OK. Thanks!
Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
bhara2009 wrote: Sure. I am thinking the same, but i read on a website that once i plead guilty i would apprximately pay 245 USD (fine+court fee)-it would stay on my driving record for 3 years & insurance would go up by 30%. Learnt from my mistake but in a hard way.

Thanks for your time.
Is that for the 8 over, or the 90 in a 65 zone? Because whether you fight it and lose (which you likely will) or plead guilty, the end result is typically the same from an insurance/driving record perspective. Except if you take the deal, your fine is less.

C
Newbie
Oct 26, 2015
3 posts
HI Im from ontario and I got a ticket in quebec for speeding months ago and I pleaded not guilty and will be appearing in court next month. I am considering to go for a plea bargain, can you walk me through its process on how it works? am I gonna call the court clerks number to do it? thanks!
Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
kitty911 wrote: HI Im from ontario and I got a ticket in quebec for speeding months ago and I pleaded not guilty and will be appearing in court next month. I am considering to go for a plea bargain, can you walk me through its process on how it works? am I gonna call the court clerks number to do it? thanks!
Don't know anything about Quebec specifically, but typically you show up for your trial and talk to the prosecutor before the trial starts. You'd try to work out a deal with them, and then you'd end up pleading guilty to the hopefully reduced charge, which would result in a lower fine. May not save you any money on your insurance, though, as most insurance companies are concerned just with convictions, not the details.

Do you speak French? That may be a consideration, as I'm not sure what their obligation is to offer the trial in English or any translation services, especially if you didn't request that when you requested a trial.

Just checked your post history. Because of the severity of your ticket (31 over, which translates to 4 demerits in Ontario), I see that you may be risking a license suspension, depending on how Ontario treats foreign tickets. You really want to get it down under 30 km/h over, which seems like it should be doable.

C
Newbie
Dec 4, 2017
34 posts
5 upvotes
CNeufeld wrote: 1) Doesn’t matter. The pre-trial conference will let you try to work out a deal with the prosecutor before the trial, but you can do that on the day of your trial as well.

2) At 30+ over, yes, you’re getting demerits if you’re convicted. But unless you’re close to a license suspension due to multiple tickets, the demerits are pretty meaningless. Any conviction for speeding will likely have a similar insurance impact, until you get up to 50+ over.

3). Until you have disclosure, there’s no point in thinking about what to say in trial. Keep in mind that unless you find a flaw in the evidence, you will almost certainly getting a conviction, assuming the officer shows up (which he’s paid to do). Even if there is a flaw, you’ll be arguing against a system that is heavily weighted against you. The prosecution proves their case by basically having the officer testify he saw you at location XXX doing a speed of YYY. That’s all the evidence they typically need. It then falls on you to discredit their expert witness. And the prosecutor and officer have been doing this day in and day out for years.

C
Is it better to appoint a representative(paralegal) or not for my scenario as If i convicted i will get 4 demirit points and 30 days suspension.?
Thanks
Deal Guru
User avatar
Mar 23, 2008
10823 posts
7073 upvotes
Edmonton
dealhntr wrote: Is it better to appoint a representative(paralegal) or not for my scenario as If i convicted i will get 4 demirit points and 30 days suspension.?
Thanks
I don’t know if that’s even possible in QB. But there’s no right or wrong answer. The paralegal can’t do anything for you that you can’t do for yourself, but they would have the advantage of experience and hopefully not being nervous. In your case, because the stakes are quite high (because of the potential license suspension and consequent insurance hit) it might be a good idea to explore at least.

C

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