Hi there, Never been pulled over before so I had some question/concerns. Stopped this morning, flow of traffic on Steeles coming from an 80km zone into a 60km zone, I was near the head of the pack with a small gap inbetween myself and the cars in front. Pulled over and officer indicated that I was going 83km/h. While I was waiting another car was also waiting. The other cars driver was out walking around and came over to talk to me he was going 82 in a 60 (I was going 83). His officer walked over and gave him his ticket right beside my car and informed him that he had dropped the ticket to 75 in a 60 and there were no points just a fine. My officercame back and gave me my ticket for the full 83km. I asked why I was receving the full ticket when the other driver had his reduced and the officer told me that it was up to the discretion of the ticketing officer. I asked him why he didn't use any discretion in my case as I've never been pulled over and his response was "I decided not to". So I'm not sure of what I should do. I understand the options that are explained but any advice would be helpful.
Hi there,
Never been pulled over before so I had some question/concerns.
Stopped this morning, flow of traffic on Steeles coming from an 80km zone into a 60km zone, I was near the head of the pack with a small gap inbetween myself and the cars in front. Pulled over and officer indicated that I was going 83km/h. While I was waiting another car was also waiting. The other cars driver was out walking around and came over to talk to me he was going 82 in a 60 (I was going 83). His officer walked over and gave him his ticket right beside my car and informed him that he had dropped the ticket to 75 in a 60 and there were no points just a fine. My officercame back and gave me my ticket for the full 83km. I asked why I was receving the full ticket when the other driver had his reduced and the officer told me that it was up to the discretion of the ticketing officer. I asked him why he didn't use any discretion in my case as I've never been pulled over and his response was "I decided not to".
So I'm not sure of what I should do. I understand the options that are explained but any advice would be helpful.
There's not really any way for you to challenge the officer's decision not to use his discretion to reduce your ticket. Use of discretion in charging is, as the word indicates, completely at the officer's discretion, subject to any improper use of discretion for reasons such as racial profiling. If you want to raise that issue or some other improper motivation, you will have to bring a Charter application and prove the Charter breach on a balance of probabilities - something not easily done or undertaken lightly. So, not that it matters, but I can tell you that the reasons why, in my experience, officers usually don't use their discretion are (1) previous convictions and (2) attitude - both of which are perfectly fine reasons, if that helps.
There's not really any way for you to challenge the officer's decision not to use his discretion to reduce your ticket. Use of discretion in charging is, as the word indicates, completely at the officer's discretion, subject to any improper use of discretion for reasons such as racial profiling. If you want to raise that issue or some other improper motivation, you will have to bring a Charter application and prove the Charter breach on a balance of probabilities - something not easily done or undertaken lightly.
So, not that it matters, but I can tell you that the reasons why, in my experience, officers usually don't use their discretion are (1) previous convictions and (2) attitude - both of which are perfectly fine reasons, if that helps.
Thanks for the reply, I wouldn't say race was an issue so that's not an option for fighting. As for the the discretion I was very polite without being insincere and have never been pulled over before so I would have hoped that it would have helped but he was very no nonsense about everything, almost a bored attitude. Any thoughts about fighting the ticket and hoping to get down to the 15 over/no points?
Thanks for the reply, I wouldn't say race was an issue so that's not an option for fighting. As for the the discretion I was very polite without being insincere and have never been pulled over before so I would have hoped that it would have helped but he was very no nonsense about everything, almost a bored attitude.
Any thoughts about fighting the ticket and hoping to get down to the 15 over/no points?
23 over in most cases will be reduced by the prosecutor to 15 over if you just ask. In my experience most prosecutors will often automatically offer a 10 km reduction and anything further than that you'd have to negotiate on - you're only seeking an 8 km reduction so that should be possible. But of course this depends on your record, any aggravating factors, etc.
23 over in most cases will be reduced by the prosecutor to 15 over if you just ask. In my experience most prosecutors will often automatically offer a 10 km reduction and anything further than that you'd have to negotiate on - you're only seeking an 8 km reduction so that should be possible. But of course this depends on your record, any aggravating factors, etc.
Since it's Toronto, it might take a wee bit too long for them to bring the case forward. If your trial date is more than 12 months from the date of the offence, you can file an 11B motion to get the charge thrown out. It's possible, but definitely keep the plea-bargaining option as your main course of action here. (And once you get your trial date, we'll help you file a disclosure request.) Good luck.
Since it's Toronto, it might take a wee bit too long for them to bring the case forward. If your trial date is more than 12 months from the date of the offence, you can file an 11B motion to get the charge thrown out. It's possible, but definitely keep the plea-bargaining option as your main course of action here. (And once you get your trial date, we'll help you file a disclosure request.)
Good luck.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
So as an update as of today. I went to the court the day after the ticket was issued to get a court date. The ticket hadn't shown up in their system yet. I was told it could show up anytime the next day not specifically in the morning. Obviously not the fault of the girl who helped me so I took the phone number to call and called on Monday (now two business days after the offence). Left voicemail requesting info and was called back very quickly by a rep. asking to confirm the ticket information. She left me a voicemail a few minutes later saying that they didn't have a record of the ticket but that I could come in and book without one so that I could start the procedure. I have to admit I'm not too pleased that the information hasn't shown up. Friends are trying to convince me that it's a good thing that maybe the officer decided not to file the ticket but since it's all electronic these days I'll believe that when I hear it from the Crown, preferably written down and notarized. Any thoughts about it not showing up yet? (It's now Wed. so three, almost four, business days after the offence)
So as an update as of today.
I went to the court the day after the ticket was issued to get a court date. The ticket hadn't shown up in their system yet. I was told it could show up anytime the next day not specifically in the morning. Obviously not the fault of the girl who helped me so I took the phone number to call and called on Monday (now two business days after the offence). Left voicemail requesting info and was called back very quickly by a rep. asking to confirm the ticket information. She left me a voicemail a few minutes later saying that they didn't have a record of the ticket but that I could come in and book without one so that I could start the procedure.
I have to admit I'm not too pleased that the information hasn't shown up. Friends are trying to convince me that it's a good thing that maybe the officer decided not to file the ticket but since it's all electronic these days I'll believe that when I hear it from the Crown, preferably written down and notarized.
Any thoughts about it not showing up yet? (It's now Wed. so three, almost four, business days after the offence)
The officer has seven days to file the ticket with the Courts, so if you were charged last Thursday he still has until tomorrow. Even once he's filed it, there could still be a delay before it appears on their system. Maybe if you're lucky he forgot to file it, but it's still too early to be sure.
The officer has seven days to file the ticket with the Courts, so if you were charged last Thursday he still has until tomorrow. Even once he's filed it, there could still be a delay before it appears on their system. Maybe if you're lucky he forgot to file it, but it's still too early to be sure.
Update to close post. One of the girls at the court took my number, minds outta the gutter fellas, and called when the ticket showed up. 7th day after issue at about 4:30pm and she just happend to be there when it showed up. She booked me a first appearance for the next morning and I was able to speak with the prosecutor. I was 3rd in line and sat outside the door while I listened to the first two people give realy poor excuses and get reamed out. Neither got a deal done, both were offered and disputed and she tore a strip off them for not accepting. From what I could hear she was justified, she was dropping multiple portions of their complaints and oferring them what I thought was a fair deal but they didn't think so. My visit was quick and easy by comparison, she sat me down outlined the charge and offered me exactly what the posters on the forum said, drop to 15 over and reduce the fine significantly. That's what i was looking for and after hearing the first two people I said thanks and left. All and all it was really quick for me and I got what i wanted. Thanks for the help on here from everyone. You made me feel much better before going through the process.
Update to close post. One of the girls at the court took my number, minds outta the gutter fellas, and called when the ticket showed up. 7th day after issue at about 4:30pm and she just happend to be there when it showed up. She booked me a first appearance for the next morning and I was able to speak with the prosecutor. I was 3rd in line and sat outside the door while I listened to the first two people give realy poor excuses and get reamed out. Neither got a deal done, both were offered and disputed and she tore a strip off them for not accepting. From what I could hear she was justified, she was dropping multiple portions of their complaints and oferring them what I thought was a fair deal but they didn't think so. My visit was quick and easy by comparison, she sat me down outlined the charge and offered me exactly what the posters on the forum said, drop to 15 over and reduce the fine significantly. That's what i was looking for and after hearing the first two people I said thanks and left. All and all it was really quick for me and I got what i wanted. Thanks for the help on here from everyone. You made me feel much better before going through the process.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…