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!
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
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…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
Speeding and failure to surrender driver's licence.. HELP!!!
Re: Speeding and failure to surrender driver's licence.. HEL
