Montreal Speeding Ticket

Lawyer up.....
Francois : 514.816.3233

gtinfiniti wrote: ↑ I received a speeding ticket today. I was turning off of a 50 km/h street onto a 30 km/h street. I did not see the signs. I was going 57 km/h. The signs were basically immediately there at the turn which I did not see as I was focused on the traffic all around at a 4 way intersection. I had green lights. Within about 100 feet a cop with radar popped out and ticketed me. It wasnt until I returned to the area later that I was able to find the signs that were present right at the intersection. I wasn't driving dangerously. I want to plead not guilty to keep it off my record as a conviction Can I win?

Unless the cop doesn’t show up, or you can get him to admit a flaw in his process, you’re kind of screwed. The fact that you weren’t driving dangerously (even though you were almost double the limit) and that you didn’t see the sign won’t help. You might be able to get it knocked down, but you’ll probably still get a conviction against you.

There is a whole 1000 page thread for tickets, btw... You could try reading up in there.

C

gtinfiniti wrote: ↑ I received a speeding ticket today. I was turning off of a 50 km/h street onto a 30 km/h street. I did not see the signs. I was going 57 km/h. The signs were basically immediately there at the turn which I did not see as I was focused on the traffic all around at a 4 way intersection. I had green lights. Within about 100 feet a cop with radar popped out and ticketed me. It wasnt until I returned to the area later that I was able to find the signs that were present right at the intersection. I wasn't driving dangerously. I want to plead not guilty to keep it off my record as a conviction Can I win?

Just pay the ticket and be done with this.
You were going 57 in a 30 zone... what are you gonna fight over?

Go to court, hope the cop doesn't show up.

For reference, in Ontario, I found that 1 speeding ticket (which was approx $150) added about $30 /month on to my insurance for 3 years, after which the ticket is dropped from my record. This means the speeding ticket cost me $1,200 over 3 years. Ouch.

Everyone's telling you to hope the cop doesn't show up.

The cop shows up 99% of the time.

Anikiri wrote: ↑ Everyone's telling you to hope the cop doesn't show up.

The cop shows up 99% of the time.

“Everyone” is telling the OP that? You must be reading a different thread than I am, cause I only saw one person who told home to show up and hope the cop is a no-show.

C

Anikiri wrote: ↑ Everyone's telling you to hope the cop doesn't show up.

The cop shows up 99% of the time.

I've been in court for various reasons over the last few months and was very surprised by the number of times the PEO or cop did not turn up. The last time I was there, the prosecutor actually sent the two PEO's out of the court and told them to come back for the next session.

Also, in all the cases I heard where a Guilty plea was given, the JP reduced the fines by half.

OP. Your best option is a trial. You can change your mind any time between deciding to do that and the actual trial date itself. When you go to court, always plead Not Guilty as the onus of proof is on the prosecutor. If you plead Guilty, the case is over and all that is being discussed is your penalty.

PS My experience is in Ontario so there may be differences in Quebec.

Jimbobs wrote: ↑ I've been in court for various reasons over the last few months and was very surprised by the number of times the PEO or cop did not turn up. The last time I was there, the prosecutor actually sent the two PEO's out of the court and told them to come back for the next session.

Also, in all the cases I heard where a Guilty plea was given, the JP reduced the fines by half.

OP. Your best option is a trial. You can change your mind any time between deciding to do that and the actual trial date itself. When you go to court, always plead Not Guilty as the onus of proof is on the prosecutor. If you plead Guilty, the case is over and all that is being discussed is your penalty.

PS My experience is in Ontario so there may be differences in Quebec.

What does that mean? Professional Engineers Ontario?

amkorp wrote: ↑ What does that mean? Professional Engineers Ontario?

I believe PEO stands for Parking Enforcement Officer.

lamboman wrote: ↑ I believe PEO stands for Parking Enforcement Officer.

But it's a speeding ticket. Parking enforcement don't give out speeding tickets only parking tickets, right?

amkorp wrote: ↑ But it's a speeding ticket. Parking enforcement don't give out speeding tickets only parking tickets, right?

True but the poster was just giving an example for OP to better understand the process.

I appreciate all the responses. Sad thing is the cop doesn't need to attend the trial in Quebec for traffic violations. Their notes and report is their testimony . Sounds like I'm better off paying. I have read many of the threads regarding speeding tickets, and some for those in Montreal, but I'm wondering what would be the best defense if I did want to plead not guilty. Is there really a chance it can thrown out? I don't mind the fine or even the points, but if I accept any plea, it's the conviction that will affect my insurance and even affect my license renewal fee every year.

Ontarians answering a QC thread is a train wreck. Don't know if this "cop doesn't show up = auto win" BS is true in ON or not but....

In QC, cops only show up about 1% of cases, when it involves traffic violations that could be considered criminal (reckless, etc) or in rural town where they simply don't have anything better to do with their time.
For regular citations, they won't (especially in Montreal). Their "report summary" (a separate section of the ticket that they don't give you unless you request it under the "disclosure" of your Court case) counts as their testimony as if they were physically present. That's the law of the democratic province of QC.

Unless you can bring evidence (pictures, etc) that prove that the signage was improper (too high, not visible, etc) there is no way you will win, and you'll end up paying about 50 or 60$ in Court fees (if not more).
Being "an out of towner" is not a valid reason to break traffic laws. Sorry. Just trying to prepare you for your case.

ty @who lol but im not an out of towner but i appreciate the answer- this is seeming unwinable. time to pay the piper

As WHO mentioned, in QC, "cop not showing up" will not win your case like in ON.

The only thing you can do is either argue the sign was improper (so placement, or maintenance of the area such as a bush/tree hiding it) or that the cop did not follow procedure when it comes to handling the equipment and issuing the ticket. You can consult the sticky thread, there's information relevant to QC in there: ask-me-anything-about-fighting-your-tra ... tc-945928/

As much as it sucks for insurance, for small fines you're better off paying it, especially if your chances of fighting are very low. If you really really want to try and build a case, you can contact one of those traffic violation lawyers, but be prepared to potentially pay more than the value of the ticket + court fees. I considered this option the only time I got a traffic violation and deemed it just wasn't worth my time or effort to do all these proceedings then take time off my day to show up to court (since most of the times they give you will overlap with your workday). I sucked it up and paid the extra insurance for the next few years.

WHO wrote: ↑ Ontarians answering a QC thread is a train wreck.

Agreed which is why I pointed out that my experience is limited to Ontario.

gtinfiniti wrote: ↑ I appreciate all the responses. Sad thing is the cop doesn't need to attend the trial in Quebec for traffic violations. Their notes and report is their testimony . Sounds like I'm better off paying. I have read many of the threads regarding speeding tickets, and some for those in Montreal, but I'm wondering what would be the best defense if I did want to plead not guilty. Is there really a chance it can thrown out? I don't mind the fine or even the points, but if I accept any plea, it's the conviction that will affect my insurance and even affect my license renewal fee every year.

Yes. I fought a ticket for entering a reserved bus lane years ago and I won. It ain't easy though.

1. You need to plead not guilty.

2. You ask for disclosure "divulgation de la preuve" un writing once your plea has been accepted.

3. You'll get a court date. Feel free to try and reschedule it at least once by claiming some extenuating circumstance. This will by you more time.

4. Get your court date.

5. The cop will not show. He will submit a written statement and together with the disclosure, that will form the evidence against you.

6. Before the your case is up, usually the prosecutor will approach you to offer a plea. Waive admin fees, lower the fine, lesser violation, etc.... I strongly suggest you take it.

If won in a technicality, you will probably loose if you go to trial. Plead it out.

mr_raider wrote: ↑ Yes. I fought a ticket for entering a reserved bus lane years ago and I won. It ain't easy though.

1. You need to plead not guilty.

2. You ask for disclosure "divulgation de la preuve" un writing once your plea has been accepted.

3. You'll get a court date. Feel free to try and reschedule it at least once by claiming some extenuating circumstance. This will by you more time.

4. Get your court date.

5. The cop will not show. He will submit a written statement and together with the disclosure, that will form the evidence against you.

6. Before the your case is up, usually the prosecutor will approach you to offer a plea. Waive admin fees, lower the fine, lesser violation, etc.... I strongly suggest you take it.

If won in a technicality, you will probably loose if you go to trial. Plead it out.

Great summary! Definitely get the disclosure, if only to check for discrepancies before paying. But if the ticket is correct, then go for a plea bargain to reduce the amount and demerit points. 57 in a 30 zone (27 over) is 2 points, you need to drop it to 49 in a 30 zone to drop to one point and a (slightly) lower fine. Ask for no court fees and 6 months to pay, but be flexible in those two points if the prosecutor is awkward. It's an easy deal to make. With a bit of luck there will be a big backlog at the municipal court and you can use Jordan after 18 months