if the police said I was speeding at 84km/hr on a 50km zone but the police only stand 50 meter after "50km begin sign" here how it goes: I was travelling on 70km zone then there is 50km AHEAD sign 100 meter after that sign, it is 50km BEGIN sign the police stop me at 50 meter after the 50begin I was able to stop nicely without running over him further away, there is 50 km maximum sign about 200 meter away from the police car and my car. my question is, if I was travelling at 84 km, then I can be able to stop nicely without running over him? that is only 50 meter from "50 km begin" ? can I use this argument in court to state that he lock me down at a different speed zone?
if the police said I was speeding at 84km/hr on a 50km zone
but the police only stand 50 meter after "50km begin sign"
here how it goes:
I was travelling on 70km zone
then there is 50km AHEAD sign
100 meter after that sign, it is 50km BEGIN sign
the police stop me at 50 meter after the 50begin
I was able to stop nicely without running over him
further away, there is 50 km maximum sign about 200 meter away from the police car and my car.
my question is, if I was travelling at 84 km, then I can be able to stop nicely without running over him? that is only 50 meter from "50 km begin" ?
can I use this argument in court to state that he lock me down at a different speed zone?
1) Request a Trial. 2) Receive Date. 3) Request Disclosure. Usually in disclosure the officer will state in his notes how far the reading was taken. eg: 250 meters... and weather and such... If you can show in pictures and/or video that he clocked out outside the 50 zone, then you can have a chance of winning. (don't show that the previous zone was a 70 zone - not sure if the judge can amend the ticket to say 84 in a 70 zone). But yeah... just wait until you get a trial date and disclosure... there may be several options later (eg: charter motion, incomplete disclosure, etc...)
1) Request a Trial.
2) Receive Date.
3) Request Disclosure.
Usually in disclosure the officer will state in his notes how far the reading was taken. eg: 250 meters... and weather and such...
If you can show in pictures and/or video that he clocked out outside the 50 zone, then you can have a chance of winning. (don't show that the previous zone was a 70 zone - not sure if the judge can amend the ticket to say 84 in a 70 zone).
But yeah... just wait until you get a trial date and disclosure... there may be several options later (eg: charter motion, incomplete disclosure, etc...)
you can show pictures to the judge? then I have some in hand, but I don't know if pictures is allow in court? also, can family member represent me in court? what excuse do I need to make? thankyou for posting, zeroconviction.[/quote]
you can show pictures to the judge? then I have some in hand, but I don't know if pictures is allow in court?
also, can family member represent me in court? what excuse do I need to make?
A sticky in the *Courts and Procedures* section called *Guidelines for Submitting Photographs* can help http://www.ontariohighwaytrafficact.com/topic1765.html A pro may have to answer that one... If your family member is not a lawyer or a paralegal, not sure if you would want to go that route anyway... Also, are you planning not to be present in court? Only time I've seen family members show up is to plead guilty to a lesser charge. *(http://www.ticketcombat.com/step2/change.php) No excuse really needed. Whoever represents you can just say that you have another appointment and that they have been given full authority to speak on their behalf.
Cutiemouse888 wrote:
you can show pictures to the judge? then I have some in hand, but I don't know if pictures is allow in court?
A sticky in the *Courts and Procedures* section called *Guidelines for Submitting Photographs* can help
also, can family member represent me in court? what excuse do I need to make?
thankyou for posting, zeroconviction.
A pro may have to answer that one... If your family member is not a lawyer or a paralegal, not sure if you would want to go that route anyway... Also, are you planning not to be present in court? Only time I've seen family members show up is to plead guilty to a lesser charge.
No excuse really needed. Whoever represents you can just say that you have another appointment and that they have been given full authority to speak on their behalf.
The stopping distance and whether you were able to stop is not relevant to the charge. The only thing the court will be interested in is "were you speeding on that date". What happened after you were caught speeding is not relevant to a speeding ticket charge. Speeding ticket trial are won on legal technicalities properly presented to the court, e.g 11b applications, motion to quash and motions for non-suit. The ticket you received has 4 demerit points on it...
The stopping distance and whether you were able to stop is not relevant to the charge.
The only thing the court will be interested in is "were you speeding on that date".
What happened after you were caught speeding is not relevant to a speeding ticket charge.
Speeding ticket trial are won on legal technicalities properly presented to the court, e.g 11b applications, motion to quash and motions for non-suit.
The ticket you received has 4 demerit points on it...
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
If I agree to pay the lower fine , would they reduce it down to zero point? of not, how do I file for 11b? and what reason is most acceptable by the judge?
If I agree to pay the lower fine , would they reduce it down to zero point?
Sorry, was busy this week -- Depending on the prosecutor - they usually give you a new charge and not tell you if any points are associated to it or not. There are two 'systems' in play... 1) your ticket carries a FINE - break the law -- if convicted -- pay a penalty and hopefully you do not disobey the law again. 2) IF Convicted - The conviction would be recorded and the Ministry of Transportation will be informed. They then will administer any 'demerit points' associated with the conviction. ---- THEREFORE ---- Depending on the prosecutor, you may not get a new charge. They may say to you, the officer has all this evidence... why do I need to offer you a lesser charge? (I've seen this happen to one lady) Depending on the prosecutor, They may say - would you plead guilty to 66Km/h in a 50 zone, the fine is X$... you'll ask, if there are any points, and the prosecutor will just tell you that they are not involved in administering points. (I've seen this too... such a Butt). So it's up to you to know that anything 16 and above carries points.. 15 and below do not. Depending on the prosecutor, they may give you a good reduction and tell you if there are any points associated with this charge... 11b is a constitutional question. You only file this if your rights under the Charter have been violated (ie: take too long to get to trial, or you didn't get full disclosure)
Sorry, was busy this week --
Cutiemouse888 wrote:
If I agree to pay the lower fine , would they reduce it down to zero point?
Depending on the prosecutor - they usually give you a new charge and not tell you if any points are associated to it or not. There are two 'systems' in play...
1) your ticket carries a FINE - break the law -- if convicted -- pay a penalty and hopefully you do not disobey the law again.
2) IF Convicted - The conviction would be recorded and the Ministry of Transportation will be informed. They then will administer any 'demerit points' associated with the conviction.
---- THEREFORE ----
Depending on the prosecutor, you may not get a new charge. They may say to you, the officer has all this evidence... why do I need to offer you a lesser charge? (I've seen this happen to one lady)
Depending on the prosecutor, They may say - would you plead guilty to 66Km/h in a 50 zone, the fine is X$... you'll ask, if there are any points, and the prosecutor will just tell you that they are not involved in administering points. (I've seen this too... such a Butt). So it's up to you to know that anything 16 and above carries points.. 15 and below do not.
Depending on the prosecutor, they may give you a good reduction and tell you if there are any points associated with this charge...
Cutiemouse888 wrote:
of not, how do I file for 11b?
and what reason is most acceptable by the judge?
11b is a constitutional question. You only file this if your rights under the Charter have been violated (ie: take too long to get to trial, or you didn't get full disclosure)
If you pay this ticket out of court, plead guilty to any speeding offence of 16 km/h or more over the speed limit, or get convicted of any speeding offence of 16 km/h or more over the speed limit, the demerit points are automatic. Payment of the ticket out of court constitutes a conviction according to section 8 of the Provincial Offences Act... so same result either way. The only way to avoid demerit points it to not get convicted, or to plead guilty to an offence that does not carry demerit points (e.g. 15 km/h or less over the speed limit).
If you pay this ticket out of court, plead guilty to any speeding offence of 16 km/h or more over the speed limit, or get convicted of any speeding offence of 16 km/h or more over the speed limit, the demerit points are automatic.
Payment of the ticket out of court constitutes a conviction according to section 8 of the Provincial Offences Act... so same result either way. The only way to avoid demerit points it to not get convicted, or to plead guilty to an offence that does not carry demerit points (e.g. 15 km/h or less over the speed limit).
* 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
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…