So it finally happened..... first ticket in 9 years.... Hope you guys can help :) I was driving in a 60 zone behind a student driver doing 50-55kph. The street was two lane (double yellow line). After a while I got tired of following the slow student driver and decided to pass. I pulled out to pass (on a gradual uphill) accelerating to get by quickly. Just as I am returning to my lane, who do I see? An unmarked maroon police cruiser perpendicular to me on a side street. As soon as I passed the police car I knew I was done. The police officer started to pull out and I just surrendered and pulled over even before his lights were on. He ended up parking ahead of me (weird) but when he walked to the car he asked why I was passing a student driver that was doing the speed limit. I told him that the student was not going the speed limit, rather about 5kmph slower. He said the highest he had me on the 'laser' was 90-something but registered my @ 87kmph. He came back with a ticket of 80 in a 60. The ticket is one of those new printed out ones with the 'electronic' signature. I am going to fight it. Probably going to the courthouse let them know this Friday. Is there anything I can do to help my case? The code on the ticket is "R87" he said that is the speed he clocked me in at what does the "R" stand for? THANKS! :)
So it finally happened..... first ticket in 9 years....
Hope you guys can help
I was driving in a 60 zone behind a student driver doing 50-55kph. The street was two lane (double yellow line). After a while I got tired of following the slow student driver and decided to pass. I pulled out to pass (on a gradual uphill) accelerating to get by quickly. Just as I am returning to my lane, who do I see? An unmarked maroon police cruiser perpendicular to me on a side street. As soon as I passed the police car I knew I was done.
The police officer started to pull out and I just surrendered and pulled over even before his lights were on. He ended up parking ahead of me (weird) but when he walked to the car he asked why I was passing a student driver that was doing the speed limit. I told him that the student was not going the speed limit, rather about 5kmph slower. He said the highest he had me on the 'laser' was 90-something but registered my @ 87kmph. He came back with a ticket of 80 in a 60.
The ticket is one of those new printed out ones with the 'electronic' signature. I am going to fight it. Probably going to the courthouse let them know this Friday.
Is there anything I can do to help my case?
The code on the ticket is "R87" he said that is the speed he clocked me in at what does the "R" stand for?
Does anyone know how long I have to appear in court? Like do I have to show up in court to make my court date and pick (option 3) before the 15 days (to pay the ticket) is up? Thanks
Does anyone know how long I have to appear in court?
Like do I have to show up in court to make my court date and pick (option 3) before the 15 days (to pay the ticket) is up?
So a bit of an update on my situation: Please help! My court date is 1 Dec 09. I went to the courthouse to sign a 'request for disclosure of evidence' . The person at the prosecutors office (likely a secretary/assistant) told me that all the information I requested was not readily available and that they would have to contact me when my request was ready (I would have to pick it up). Here is my problem: My court date is on 1 Dec as I mentioned and I still have not received/been contacted about my disclosure of evidence package. Should I do either of the following: Apply for an adjournment of the court date, so I have time to get the disclosure package and review it? In which case I will have to go in 3 days before the original court date. Ie. 2 days from now! ---OR--- Wait till the court date comes (hopefully not receive a call from the prosecutor about the disclosure package) and ask for the case to be dismissed due to lack of disclosure? Is this possible? What if I get a call from them 1 day before the court date? My mandatory 3 day time to request an adjournment will have passed. Note: I do have a photocopy of my request of disclosure of evidence from the prosecutors office stamped and dated. On the other hand the secretary/assistant did leave a sticky note with the prosecutors name & phone number to contact directly. Thanks in advance for your help! :)
So a bit of an update on my situation:
Please help!
My court date is 1 Dec 09.
I went to the courthouse to sign a 'request for disclosure of evidence' . The person at the prosecutors office (likely a secretary/assistant) told me that all the information I requested was not readily available and that they would have to contact me when my request was ready (I would have to pick it up).
Here is my problem:
My court date is on 1 Dec as I mentioned and I still have not received/been contacted about my disclosure of evidence package. Should I do either of the following:
Apply for an adjournment of the court date, so I have time to get the disclosure package and review it? In which case I will have to go in 3 days before the original court date. Ie. 2 days from now!
---OR---
Wait till the court date comes (hopefully not receive a call from the prosecutor about the disclosure package) and ask for the case to be dismissed due to lack of disclosure? Is this possible? What if I get a call from them 1 day before the court date? My mandatory 3 day time to request an adjournment will have passed.
Note: I do have a photocopy of my request of disclosure of evidence from the prosecutors office stamped and dated. On the other hand the secretary/assistant did leave a sticky note with the prosecutors name & phone number to contact directly.
I'd try your second option. You have a right to disclosure. You have a right to a speedy trial. One extra day in court is punishment enough, you shouldn't need another.
I'd try your second option. You have a right to disclosure. You have a right to a speedy trial. One extra day in court is punishment enough, you shouldn't need another.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
I have always requested MY continuances with the JP on the day of the trial, not with the Crown 3 days before the trial. I would just show up on my trial date. If the Crown still hasn't provided the disclosure, I'd motion for dismissal. It the cop doesn't show up, I'd motion for dismissal. It's too late to receive the disclosure in a reasonable amount of time. Even if you get it real soon (AND the cop shows up) I'd still motion for a continuance "in order to seek legal advice based on the late disclosure".
I have always requested MY continuances with the JP on the day of the trial, not with the Crown 3 days before the trial.
I would just show up on my trial date. If the Crown still hasn't provided the disclosure, I'd motion for dismissal. It the cop doesn't show up, I'd motion for dismissal. It's too late to receive the disclosure in a reasonable amount of time. Even if you get it real soon (AND the cop shows up) I'd still motion for a continuance "in order to seek legal advice based on the late disclosure".
I have always requested MY continuances with the JP on the day of the trial, not with the Crown 3 days before the trial.
I would just show up on my trial date. If the Crown still hasn't provided the disclosure, I'd motion for dismissal. It the cop doesn't show up, I'd motion for dismissal. It's too late to receive the disclosure in a reasonable amount of time. Even if you get it real soon (AND the cop shows up) I'd still motion for a continuance "in order to seek legal advice based on the late disclosure".
X2
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Okay, another update! Got a call from the prosecutor today: They say that the disclosure package is NOT ready. Some of the things I asked for are ready, but not all of it. They offered to go ahead and adjourn the trial for me, sort of over the phone type of thing. For some reason this didn't seem right to me. I made an inquiry about staying the trial due to lack of disclosure of evidence. They said that "usually the remedy for lack of disclosure is solved by an adjournment. I declined the offer to have her adjourn the trial 'for me', I said I would like to come to court and see how it works out. Does anyone know if I have a chance to have the case thrown out or stayed? Or will I likely just be asking for an adjournment? Thanks for all the replies thus far! :D
Okay, another update!
Got a call from the prosecutor today: They say that the disclosure package is NOT ready. Some of the things I asked for are ready, but not all of it. They offered to go ahead and adjourn the trial for me, sort of over the phone type of thing. For some reason this didn't seem right to me.
I made an inquiry about staying the trial due to lack of disclosure of evidence. They said that "usually the remedy for lack of disclosure is solved by an adjournment.
I declined the offer to have her adjourn the trial 'for me', I said I would like to come to court and see how it works out.
Does anyone know if I have a chance to have the case thrown out or stayed? Or will I likely just be asking for an adjournment?
So the court date was today: The prosecution called me up right away, they asked for an adjournment of the trial (one month) so they can get together my "larger than normal request for disclosure". The JP asked if I had anything to day: I didn't know that they were going to do this so I was kind of baffled. I just asked for the case to be quashed because the prosecution had not disclosed evidence. To which the JP says: "Well that's not going to happen" Oh I forgot to mention: the police officer was there! So as it stands now I wait for the disclosure from the prosecutor. Although they did give me the copy of the ticket an the officers printed notes. Here is something I found that may be important: My ticket was issues at 1300hrs, the laser gun was tested at 1530hrs. Anyone know if the fact that the gun was tested after my ticket was issued matters? Thanks! :D
So the court date was today:
The prosecution called me up right away, they asked for an adjournment of the trial (one month) so they can get together my "larger than normal request for disclosure".
The JP asked if I had anything to day: I didn't know that they were going to do this so I was kind of baffled. I just asked for the case to be quashed because the prosecution had not disclosed evidence. To which the JP says: "Well that's not going to happen" Oh I forgot to mention: the police officer was there!
So as it stands now I wait for the disclosure from the prosecutor. Although they did give me the copy of the ticket an the officers printed notes.
Here is something I found that may be important:
My ticket was issues at 1300hrs, the laser gun was tested at 1530hrs. Anyone know if the fact that the gun was tested after my ticket was issued matters?
http://www.canlii.org/en/on/oncj/doc/20 ... cj266.html http://www.canlii.org/en/on/oncj/doc/20 ... cj217.html Try those.....hefty reading though.......You might be better off attacking the alignment of the gun......is there a make and model?
tonygambini wrote:
So the court date was today:
The prosecution called me up right away, they asked for an adjournment of the trial (one month) so they can get together my "larger than normal request for disclosure".
The JP asked if I had anything to day: I didn't know that they were going to do this so I was kind of baffled. I just asked for the case to be quashed because the prosecution had not disclosed evidence. To which the JP says: "Well that's not going to happen" Oh I forgot to mention: the police officer was there!
So as it stands now I wait for the disclosure from the prosecutor. Although they did give me the copy of the ticket an the officers printed notes.
Here is something I found that may be important:
My ticket was issues at 1300hrs, the laser gun was tested at 1530hrs. Anyone know if the fact that the gun was tested after my ticket was issued matters?
Yes there is a make/model. It says he was using 2 types (but only nailed me on one) Rader (not used for me): Stalker Laser: Ultralite LRB LTI 20-20 [/u]
Yes there is a make/model.
It says he was using 2 types (but only nailed me on one)
No his notes simply state: "Test Time: 0724/0708 1530HRS Working Properly" I assume the first two numbers mean the radar/laser test times. It was then re-checked at 1530
No his notes simply state:
"Test Time: 0724/0708 1530HRS Working Properly"
I assume the first two numbers mean the radar/laser test times. It was then re-checked at 1530
I should have included the entire message so there is no confusion. This is what what written above his typed notes: Radar Type: STALKER DSR/ULTRALITE LRB LTI 20-20 Radar Serial Number: KC018958/UX014699 Test Time: 0724/0708 1530HRS WORKING PROPERLY This leads me to believe that the "0724/0708" were the test times of the unit(s) and at 1530 they were working properly? There was a distance given: 88kph @ 71.5m -I also find this weird because the ticket was a R87 ticket. Thanks!
I should have included the entire message so there is no confusion. This is what what written above his typed notes:
Radar Type: STALKER DSR/ULTRALITE LRB LTI 20-20
Radar Serial Number: KC018958/UX014699
Test Time: 0724/0708 1530HRS WORKING PROPERLY
This leads me to believe that the "0724/0708" were the test times of the unit(s) and at 1530 they were working properly?
There was a distance given: 88kph @ 71.5m -I also find this weird because the ticket was a R87 ticket.
I think there was a recent decision that said as long as the tests were completed and found no errors then the court shall accept the readings. And 71 m is pretty close and the beam is small so an arguement of outside influence wouldn't fly. As far as the officer rounded his reading down because the guns are only accurate to plus/minus 2 KMH.
I think there was a recent decision that said as long as the tests were completed and found no errors then the court shall accept the readings.
And 71 m is pretty close and the beam is small so an arguement of outside influence wouldn't fly.
As far as
I also find this weird because the ticket was a R87 ticket.
the officer rounded his reading down because the guns are only accurate to plus/minus 2 KMH.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Final update: I appeared for my second court date today. After reviewing the evidence against me I felt there was nothing for me to go on. I decided to change my plea to guilty with an explanation. The JP showed no mercy, declared that the ticket was reduced to 80 from 87 in a 60 zone, no further reduction is necessary. I have 3 months to pay. 95 bucks 3 demerit points higher insurance I left the courthouse with a pretty defeated feeling about myself. Oh well, what can you do eh? :(
Final update:
I appeared for my second court date today. After reviewing the evidence against me I felt there was nothing for me to go on. I decided to change my plea to guilty with an explanation. The JP showed no mercy, declared that the ticket was reduced to 80 from 87 in a 60 zone, no further reduction is necessary. I have 3 months to pay.
95 bucks
3 demerit points
higher insurance
I left the courthouse with a pretty defeated feeling about myself. Oh well, what can you do eh?
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
