I was caught in a speed trap and was given two tickets- one is "failure to surrender driver's licence $110" because I forgot my wallet at my work office and the other one is "going 50km/h on 40km/h zone $40". It was one of those speed traps where two police officers were on duty together and they were using speed guns mounted on top of a tripod on the road. The officer claimed that I was going 54km/h but he said he would give me a "break". It was one of those roads where it dips a bit downhill and then goes uphill again (also a bridge overhead). The car that I was driving doesn't accelerate very well unless I really push down the gas pedal, so I guess I wasn't exactly driving on par 40km/h and was speeding a bit when I was going uphill, but I don't think I was driving excessively fast as what the police claimed to be (54km/h). As soon as I drove uphill and the road was parallel, that's when I saw the speed trap and the officer stopped me. It was a two lane road and I recall a car driving ahead of me and I think there was another car behind me as well. Could it be possible that the officer might've clocked the wrong car? I am planning to go with option 3 and apply for trial.. Is there any defense I can use against this speeding charge? As for the ticket "failure to surrender driver's licence", if I choose "early resolution- meeting with prosecutor" option and show the prosecutor my driver's licence, will the charge be dropped or would I just be offered a plea bargain to a lesser charge? What would be my best solution for this? If I file both of my tickets for trial option at the same time, will I receive the same court date for both tickets? If this happens, wouldn't the prosecutor try to persuade me into a plea bargain to drop one charge in exchange for pleading guilty to the second charge? Please, your help is much appreciated!!
I was caught in a speed trap and was given two tickets- one is "failure to surrender driver's licence $110" because I forgot my wallet at my work office and the other one is "going 50km/h on 40km/h zone $40". It was one of those speed traps where two police officers were on duty together and they were using speed guns mounted on top of a tripod on the road. The officer claimed that I was going 54km/h but he said he would give me a "break".
It was one of those roads where it dips a bit downhill and then goes uphill again (also a bridge overhead). The car that I was driving doesn't accelerate very well unless I really push down the gas pedal, so I guess I wasn't exactly driving on par 40km/h and was speeding a bit when I was going uphill, but I don't think I was driving excessively fast as what the police claimed to be (54km/h). As soon as I drove uphill and the road was parallel, that's when I saw the speed trap and the officer stopped me. It was a two lane road and I recall a car driving ahead of me and I think there was another car behind me as well. Could it be possible that the officer might've clocked the wrong car? I am planning to go with option 3 and apply for trial.. Is there any defense I can use against this speeding charge?
As for the ticket "failure to surrender driver's licence", if I choose "early resolution- meeting with prosecutor" option and show the prosecutor my driver's licence, will the charge be dropped or would I just be offered a plea bargain to a lesser charge? What would be my best solution for this?
If I file both of my tickets for trial option at the same time, will I receive the same court date for both tickets? If this happens, wouldn't the prosecutor try to persuade me into a plea bargain to drop one charge in exchange for pleading guilty to the second charge?
Both charges would be dealt with at the same time/trial since both offences happened at the same time. Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty accurate, but maybe you could raise reasonable doubt showing other cars were in the area (though it doesn't sound like you have a very good recollection either). You can request disclosure and see what the actual evidence against you is, and maybe we can offer some more advice. Otherwise read through the forums and get an idea of what common defence strategies are for speeding. Just be aware, speeding tickets are raised back up to the full amount at trial, so it would be 14 over instead of 10, not that it makes much of a difference. Personally, if the disclosure looks good and the Crown offers a deal to drop one charge, I'd consider taking it. Pretty hard to fight not having your licence with you.
Both charges would be dealt with at the same time/trial since both offences happened at the same time.
Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty accurate, but maybe you could raise reasonable doubt showing other cars were in the area (though it doesn't sound like you have a very good recollection either). You can request disclosure and see what the actual evidence against you is, and maybe we can offer some more advice. Otherwise read through the forums and get an idea of what common defence strategies are for speeding.
Just be aware, speeding tickets are raised back up to the full amount at trial, so it would be 14 over instead of 10, not that it makes much of a difference.
Personally, if the disclosure looks good and the Crown offers a deal to drop one charge, I'd consider taking it. Pretty hard to fight not having your licence with you.
I am thinking of filing the speeding ticket for trial and bet my luck.. As for the "failure to surrender driver's licence" ticket, I'm thinking of trying option 2 on the back of the ticket- "early resolution meeting with prosecutor". If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped? Or will I just be offered a reduced charge or worse, none at all? Thanks.
I am thinking of filing the speeding ticket for trial and bet my luck..
As for the "failure to surrender driver's licence" ticket, I'm thinking of trying option 2 on the back of the ticket- "early resolution meeting with prosecutor". If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped? Or will I just be offered a reduced charge or worse, none at all? Thanks.
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges. The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
dakchu wrote:
If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.
The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
Under pressure from time constraints and people convincing me, I filed for trial option #3 for both tickets today.. But I changed my mind and I want to go with the 'early resolution- meeting with prosecutor option #2' for the "failure to surrender licence" ticket.. Can I go back to the court where I filed my tickets and ask the clerk that I want to change my option or is it too late? :(
Under pressure from time constraints and people convincing me, I filed for trial option #3 for both tickets today..
But I changed my mind and I want to go with the 'early resolution- meeting with prosecutor option #2' for the "failure to surrender licence" ticket..
Can I go back to the court where I filed my tickets and ask the clerk that I want to change my option or is it too late?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges. The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both. Oh, so even though I file one ticket for 'trial' option and the other one for 'meeting with prosecutor' option, the prosecutor will find out that I filed one of my two tickets for trial? Is it because the prosecutor will handle both my tickets (because they occured on same day by the same police officer)?
Stanton wrote:
dakchu wrote:
If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.
The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
Oh, so even though I file one ticket for 'trial' option and the other one for 'meeting with prosecutor' option, the prosecutor will find out that I filed one of my two tickets for trial?
Is it because the prosecutor will handle both my tickets (because they occured on same day by the same police officer)?
Thank you again for your reply.. I called the court and asked the clerk if I can withdraw one of the tickets I filed for trial option (failure to surrender licence) and change it to option #2 instead (meeting with prosecutor). The clerk told me if I received two tickets at the same time, I cannot file the two tickets with different options- I either have to choose trial option or meeting with prosecutor option for BOTH two tickets and cannot separate them. :shock: Is this true?? It doesn't really make any sense to me.. What I do with the tickets is entirely my choice, is it not? Where does it state that I must bound the tickets together into only one option if I receive them at the same time?? Sounds kind of fishy to me.. :? Any insight to this matter please..? :?:
Thank you again for your reply..
I called the court and asked the clerk if I can withdraw one of the tickets I filed for trial option (failure to surrender licence) and change it to option #2 instead (meeting with prosecutor). The clerk told me if I received two tickets at the same time, I cannot file the two tickets with different options- I either have to choose trial option or meeting with prosecutor option for BOTH two tickets and cannot separate them.
Is this true?? It doesn't really make any sense to me.. What I do with the tickets is entirely my choice, is it not? Where does it state that I must bound the tickets together into only one option if I receive them at the same time?? Sounds kind of fishy to me..
Did you read my responses? Ive repeatedly stated that both tickets must be dealt with in the same manner. You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time/expense of a trial.
Did you read my responses? Ive repeatedly stated that both tickets must be dealt with in the same manner.
You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time/expense of a trial.
Hi dakchu, Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!
Hi dakchu,
Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.
Speeding and failure to surrender driver's licence.. HELP!!!
Re: Speeding and failure to surrender driver's licence.. HEL
