was pulled over on 401 around cobourg (3 lanes). I was on the passing lane with one vehicle in the front and couple others on my back. I'm not sure how fast I was travelling but definitely not 135km/h (according to the initial conversation with the officer). The car in front of me merged to the middle lane and I was planning to merge once I passed him, but unfortunately was pulled over 5 secs later. The officer told me that the speed was 135 according to radar (? I guess cuz there is an officer on the bridge over the highway with some devices). He took my license and registration and after a while, he came back and said he reduced the speed to 115km/h with 50~ fine. I left after that and now considering options I have. There are several things that I doubt: 1) First, I was in the middle of the flow on the passing lane and there are vehicles in front/after me. The only thing I could do is driving in the speed of everyone does (or I will be rear-ended). 2) Second, there are three vehicles who were originally in the passing lane but decide to pass on the far right lane. They were not pulled over at all! Should I go for a trial? =================NOTES: I saw another 4~5 were pulled over around that area later on my way, so please proceed with caution in that area (cobourg/Port Hope)
was pulled over on 401 around cobourg (3 lanes). I was on the passing lane with one vehicle in the front and couple others on my back. I'm not sure how fast I was travelling but definitely not 135km/h (according to the initial conversation with the officer). The car in front of me merged to the middle lane and I was planning to merge once I passed him, but unfortunately was pulled over 5 secs later.
The officer told me that the speed was 135 according to radar (? I guess cuz there is an officer on the bridge over the highway with some devices). He took my license and registration and after a while, he came back and said he reduced the speed to 115km/h with 50~ fine. I left after that and now considering options I have.
There are several things that I doubt:
1) First, I was in the middle of the flow on the passing lane and there are vehicles in front/after me. The only thing I could do is driving in the speed of everyone does (or I will be rear-ended).
2) Second, there are three vehicles who were originally in the passing lane but decide to pass on the far right lane. They were not pulled over at all!
Should I go for a trial?
=================NOTES:
I saw another 4~5 were pulled over around that area later on my way, so please proceed with caution in that area (cobourg/Port Hope)
I recommend that you plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes and information about radar device used). BAD NEWS The reasons you give above in (1) and (2) are not helpful to your ticket at all... they are irrelevent. If you go to trial and LOSE you will be charged with the original higher speed of 135 (if the officer has that in his notes). 15 over is 0 demerits but can still cause your insurance to go up, so over three years how much will ticket really cost you? GOOD NEWS Both officers need to show for trial to testify. You have the right to see disclosure (officers notes) before you go to trial and decide if there is a good defense available. You can plead guilty to the 15 over charge at any time up to the trial.
I recommend that you plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes and information about radar device used).
BAD NEWS
The reasons you give above in (1) and (2) are not helpful to your ticket at all... they are irrelevent.
If you go to trial and LOSE you will be charged with the original higher speed of 135 (if the officer has that in his notes).
15 over is 0 demerits but can still cause your insurance to go up, so over three years how much will ticket really cost you?
GOOD NEWS
Both officers need to show for trial to testify.
You have the right to see disclosure (officers notes) before you go to trial and decide if there is a good defense available.
You can plead guilty to the 15 over charge at any time up to the trial.
Thank you Jsherk! So when I request the disclosure from prose. should I ask them to clearify how many officers are involved? Will they hide saying there is only one PO?
jsherk wrote:
I recommend that you plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes and information about radar device used).
BAD NEWS
The reasons you give above in (1) and (2) are not helpful to your ticket at all... they are irrelevent.
If you go to trial and LOSE you will be charged with the original higher speed of 135 (if the officer has that in his notes).
15 over is 0 demerits but can still cause your insurance to go up, so over three years how much will ticket really cost you?
GOOD NEWS
Both officers need to show for trial to testify.
You have the right to see disclosure (officers notes) before you go to trial and decide if there is a good defense available.
You can plead guilty to the 15 over charge at any time up to the trial.
Thank you Jsherk! So when I request the disclosure from prose. should I ask them to clearify how many officers are involved? Will they hide saying there is only one PO?
Just request the "notes of all officers involved" and the "make, model, serial number and manual of speed measuring device used". They should send you the notes of both, as one officers needs to testify about your speed and about the device used and the other officer needs to testify about identifying you and about writing the ticket.
Just request the "notes of all officers involved" and the "make, model, serial number and manual of speed measuring device used".
They should send you the notes of both, as one officers needs to testify about your speed and about the device used and the other officer needs to testify about identifying you and about writing the ticket.
Just request the "notes of all officers involved" and the "make, model, serial number and manual of speed measuring device used".
They should send you the notes of both, as one officers needs to testify about your speed and about the device used and the other officer needs to testify about identifying you and about writing the ticket.
Then I may have to rely on notes and whatever other available things...I think I may go for a trial if there are flaws in notes or something...if not then I may just pay the ticket
Decatur wrote:
Just a heads up. It's not likely that you will get a manual or testing instructions any more due to a recent court decision.
Then I may have to rely on notes and whatever other available things...I think I may go for a trial if there are flaws in notes or something...if not then I may just pay the ticket
Officers reduce tickets on a regular basis. I only issued full tickets to someone who talked their way into it. A reduced ticket does not indicate that the officer is unsure of the charge and would not be a 'positive' for a defendant at trial.
Officers reduce tickets on a regular basis. I only issued full tickets to someone who talked their way into it. A reduced ticket does not indicate that the officer is unsure of the charge and would not be a 'positive' for a defendant at trial.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
In Ontario the courts have allowed officers to reduce tickets at the road side, and if you take it to trial and lose, then they will raise it back up to the higher original rate of speed. This is definitely NOT a defense in Ontario.
In Ontario the courts have allowed officers to reduce tickets at the road side, and if you take it to trial and lose, then they will raise it back up to the higher original rate of speed. This is definitely NOT a defense in Ontario.
Thank you again. I will request a disclosure to see if there is anyway to find 'flaws'. If not, I'm gonna pay the reduced ticket.
jsherk wrote:
In Ontario the courts have allowed officers to reduce tickets at the road side, and if you take it to trial and lose, then they will raise it back up to the higher original rate of speed. This is definitely NOT a defense in Ontario.
Thank you again. I will request a disclosure to see if there is anyway to find 'flaws'. If not, I'm gonna pay the reduced ticket.
Thank you sir for your explanation. I will see if there is anything I could argue or I will pay the fine.
argyll wrote:
Officers reduce tickets on a regular basis. I only issued full tickets to someone who talked their way into it. A reduced ticket does not indicate that the officer is unsure of the charge and would not be a 'positive' for a defendant at trial.
Thank you sir for your explanation. I will see if there is anything I could argue or I will pay the fine.
You'll not likely get a better offer at Early Resolution...if an officer gave you a 15 over at the roadside you got the gift already...there's a reason 99% percent of people pay their 15 overs...
You'll not likely get a better offer at Early Resolution...if an officer gave you a 15 over at the roadside you got the gift already...there's a reason 99% percent of people pay their 15 overs...
I'm going to the court in the coming week... requested Disclosure back in Nov but haven't got it yet... Can i request a stay since I'm not getting a disclosure..or even get the case dismissed... thanks!
I'm going to the court in the coming week...
requested Disclosure back in Nov but haven't got it yet...
Can i request a stay since I'm not getting a disclosure..or even get the case dismissed...
Have you followed up on the disclosure request? If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment. If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.
Have you followed up on the disclosure request?
If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.
If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.
If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.
If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.
UPDATE: Went to the trial, police showed up but left before the trial (don't know why...)...Ticket withdrawn.. thanks everyone for your help and drive safe!
UPDATE:
Went to the trial, police showed up but left before the trial (don't know why...)...Ticket withdrawn..
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.
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…