Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.) It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't appreciate being told that I do. I requested a trial. It came, and the court ran out of time before they got to me so it got adjourned. Then I requested disclosure. I just got it today. This disclosure I got was a photocopy of the front of the ticket (thanks guys, i didn't have that already), a blurry blank page labeled "back of ticket", and a photocopy of the officer's notes. The text of the actual bylaw was not included, nor anything tying the licence plate to me. Just the notes and the front of the ticket. So, is this inadequate disclosure? If so, what is the procedure for arguing this? Do I simply verbally request a stay before the trial starts, or do I have to file forms? The trial is in about 12 days. Also, if I don't request a stay and go through with the trial, and the crown tries to bring into evidence something they didn't disclose (the bylaw or ownership for example) then can I object or something and have that evidence thrown out? I'm willing to put the time into this. The officer's notes really irritated me - the officer claimed I was less than 0.5 meters from the fire hydrant. Had he said 9 feet, I may have doubted myself and just paid the fine, but half a meter is a blatant lie and also silly: I would actually have to gone out of my way and parked several feet further from my destination, in order to be 0.5 meters from that hydrant! Well, thanks for any advice you guys can give!
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't appreciate being told that I do. I requested a trial. It came, and the court ran out of time before they got to me so it got adjourned. Then I requested disclosure. I just got it today.
This disclosure I got was a photocopy of the front of the ticket (thanks guys, i didn't have that already), a blurry blank page labeled "back of ticket", and a photocopy of the officer's notes. The text of the actual bylaw was not included, nor anything tying the licence plate to me. Just the notes and the front of the ticket.
So, is this inadequate disclosure? If so, what is the procedure for arguing this? Do I simply verbally request a stay before the trial starts, or do I have to file forms? The trial is in about 12 days. Also, if I don't request a stay and go through with the trial, and the crown tries to bring into evidence something they didn't disclose (the bylaw or ownership for example) then can I object or something and have that evidence thrown out?
I'm willing to put the time into this. The officer's notes really irritated me - the officer claimed I was less than 0.5 meters from the fire hydrant. Had he said 9 feet, I may have doubted myself and just paid the fine, but half a meter is a blatant lie and also silly: I would actually have to gone out of my way and parked several feet further from my destination, in order to be 0.5 meters from that hydrant!
Ok I know it's just $20 but with two days off work already and gas (court is in another city) I'm sure I'm down $400 by now. But I decided to fight this and I want to do it as best as I can. Let's just pretend its a $2500 fine. In my opinion this is like taking a black eye because it's more honorable than simply handing lunch money over to the bully because he is bigger. I realized today that I probably should have posted this in the "procedure" section of the site. Any way I can move it? The value of the ticket aside, I just want to know about procedure. Can the prosecution introduce into evidence something they have not disclosed? What stands out as missing to me is the certified form connecting the licence plate to me, and also the text of the bylaw. Also as I looked over the officer's notes more I found 2 issues. The first has to do with the claim I was 1/2 meter from the hydrant. The notes say that there were two vehicles blocking the hydrant. Now, the area is driveway, long patch of lawn, hydrant, short patch of lawn, driveway. I was parked in front of the long patch of lawn. Unless the other car was really really short, there is no possible way I was 1/2 meter from the hydrant. Given normal-sized cars the only way to park two on that section of street without blocking driveways is one directly in front of the hydrant, and one behind that one (therefore several feet away from the hydrant at minimum. I recognize that this information is probably useless in my defense so I'm mostly just venting here. The second inconsistency is that the notes say he was there at 4:40 while the time of offense is listed at 5:00. There are no notes about this mysterious second car that was blocking the hydrant (that car probably didn't have an out-of-town plate!) so I assume he didn't write a ticket for it and just spent 20 minutes writing mine?
Ok I know it's just $20 but with two days off work already and gas (court is in another city) I'm sure I'm down $400 by now.
But I decided to fight this and I want to do it as best as I can. Let's just pretend its a $2500 fine. In my opinion this is like taking a black eye because it's more honorable than simply handing lunch money over to the bully because he is bigger.
I realized today that I probably should have posted this in the "procedure" section of the site. Any way I can move it?
The value of the ticket aside, I just want to know about procedure. Can the prosecution introduce into evidence something they have not disclosed?
What stands out as missing to me is the certified form connecting the licence plate to me, and also the text of the bylaw.
Also as I looked over the officer's notes more I found 2 issues. The first has to do with the claim I was 1/2 meter from the hydrant. The notes say that there were two vehicles blocking the hydrant. Now, the area is driveway, long patch of lawn, hydrant, short patch of lawn, driveway. I was parked in front of the long patch of lawn. Unless the other car was really really short, there is no possible way I was 1/2 meter from the hydrant. Given normal-sized cars the only way to park two on that section of street without blocking driveways is one directly in front of the hydrant, and one behind that one (therefore several feet away from the hydrant at minimum. I recognize that this information is probably useless in my defense so I'm mostly just venting here.
The second inconsistency is that the notes say he was there at 4:40 while the time of offense is listed at 5:00. There are no notes about this mysterious second car that was blocking the hydrant (that car probably didn't have an out-of-town plate!) so I assume he didn't write a ticket for it and just spent 20 minutes writing mine?
Ok, but I bet after at least two trial dates (the cop stuck in court for 2 mornings) and being bothered for disclosure over a $20 parking fine they damn well won't give me a future ticket that I don't deserve! It's really not about the $20. Maybe I'll lose the trial and be found guilty... I don't care. But there is no way in hell that I'll ever plead guilty to parking in front of that hydrant! If it ends up that the cop is on the stand I'm asking him every little detail I can until the JP tells me to shut up or the court runs out of time, and maybe next time he won't go around tossing $20 fines on people's windshields and making up BS notes and thinking no one will ever challenge him on it.
Ok, but I bet after at least two trial dates (the cop stuck in court for 2 mornings) and being bothered for disclosure over a $20 parking fine they damn well won't give me a future ticket that I don't deserve!
It's really not about the $20. Maybe I'll lose the trial and be found guilty... I don't care. But there is no way in hell that I'll ever plead guilty to parking in front of that hydrant! If it ends up that the cop is on the stand I'm asking him every little detail I can until the JP tells me to shut up or the court runs out of time, and maybe next time he won't go around tossing $20 fines on people's windshields and making up BS notes and thinking no one will ever challenge him on it.
I am with you on this one. But it is no skin off their ass if you challenge it. Ask for the by-law in dis-closer. I have at least 10 requests for trial over the last 5 years and no response from any of them. Last time I was at the parking ticket office I asked for (and got) a stack of those forms to fight them. Parking ticket is maybe the easiest to beat. Cheers Viper1
JohnnyKickass wrote:
Ok, but I bet after at least two trial dates (the cop stuck in court for 2 mornings) and being bothered for disclosure over a $20 parking fine they damn well won't give me a future ticket that I don't deserve!
It's really not about the $20. Maybe I'll lose the trial and be found guilty... I don't care. But there is no way in hell that I'll ever plead guilty to parking in front of that hydrant! If it ends up that the cop is on the stand I'm asking him every little detail I can until the JP tells me to shut up or the court runs out of time, and maybe next time he won't go around tossing $20 fines on people's windshields and making up BS notes and thinking no one will ever challenge him on it.
I am with you on this one.
But it is no skin off their ass if you challenge it.
Ask for the by-law in dis-closer.
I have at least 10 requests for trial over the last 5 years and no response from any of them.
Last time I was at the parking ticket office I asked for (and got) a stack of those forms to fight them.
Parking ticket is maybe the easiest to beat.
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Well it's all over. I showed up, the cop didn't. It's very disappointing as I wanted him on the stand, I still have no clue as to his motivation for giving me the ticket. I planned on drilling him for a while then at the end just pointing out they had not proven the bylaw exists or that I was the registered owner. Oh well. I'll say one thing, Brantford has a really hot bailiff!
Well it's all over.
I showed up, the cop didn't. It's very disappointing as I wanted him on the stand, I still have no clue as to his motivation for giving me the ticket. I planned on drilling him for a while then at the end just pointing out they had not proven the bylaw exists or that I was the registered owner.
Oh well.
I'll say one thing, Brantford has a really hot bailiff!
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
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…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
