Hello, I got a ticket today which was reduced to '15 over' (no points). I think the actual speed was 70-something in a 50 (speed trap on a main road during rush hour...grr...) I called a traffic ticket hotline thing and asked them some questions regarding fighting the ticket. They said that because the ticket was reduced, it is not worth fighting because if I lose, the prosecution or the officer can re-write the ticket in the original amount - in otherwords if I chose to fight this 15-over ticket and lose, they can give me a much higher ticket with 3 points. Can anyone verify this claim? If anyone knows the answer and can back it up with documentation that would be great..I don't want to take any chances with this as points on my license would really mess me up. Thanks!
Hello,
I got a ticket today which was reduced to '15 over' (no points). I think the actual speed was 70-something in a 50 (speed trap on a main road during rush hour...grr...)
I called a traffic ticket hotline thing and asked them some questions regarding fighting the ticket. They said that because the ticket was reduced, it is not worth fighting because if I lose, the prosecution or the officer can re-write the ticket in the original amount - in otherwords if I chose to fight this 15-over ticket and lose, they can give me a much higher ticket with 3 points.
Can anyone verify this claim? If anyone knows the answer and can back it up with documentation that would be great..I don't want to take any chances with this as points on my license would really mess me up.
Yes they can do that and do it all the time. A recent decision in the court of appeals upheld that ability too. So, either pay the ticket or take your chances.
Yes they can do that and do it all the time. A recent decision in the court of appeals upheld that ability too. So, either pay the ticket or take your chances.
The higher charge won't affect your record with the insurance company any worse than the reduced charge. If you have under 6 demerits and don't want a conviction on your record, fight it. If you don't mind having a conviction on your record (which your insurance company will use to raise your rates especially if you have another one, even if it's for 5 over the limit) pay the reduced fine. If you'd like to keep your record clean, take it to court.
The higher charge won't affect your record with the insurance company any worse than the reduced charge. If you have under 6 demerits and don't want a conviction on your record, fight it. If you don't mind having a conviction on your record (which your insurance company will use to raise your rates especially if you have another one, even if it's for 5 over the limit) pay the reduced fine. If you'd like to keep your record clean, take it to court.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Regardless, the ticket will be considered a "minor conviction." Some companies do let one slide. Some claim to let one slide but they eliminate your "conviction-free discount." Some immediately raise your rate. Last time I paid a ticket (without the intention to appeal) was when I got a 5 over ticket, while I still had a 10 over ticket. My rates went up significantly. (*) My take on it is that if I drive around with a clean record, I have the peace of mind that my insurance won't go up (or at least won't go up by a lot) if I do get charged and convicted for something. (*) At the time, due to my age/gender I was already paying more for a compact sedan than I'm paying now for a car and a 600cc supersport bike, so the 15-20% insurance rate increase was a big deal.
Regardless, the ticket will be considered a "minor conviction." Some companies do let one slide. Some claim to let one slide but they eliminate your "conviction-free discount." Some immediately raise your rate. Last time I paid a ticket (without the intention to appeal) was when I got a 5 over ticket, while I still had a 10 over ticket. My rates went up significantly. (*)
My take on it is that if I drive around with a clean record, I have the peace of mind that my insurance won't go up (or at least won't go up by a lot) if I do get charged and convicted for something.
(*) At the time, due to my age/gender I was already paying more for a compact sedan than I'm paying now for a car and a 600cc supersport bike, so the 15-20% insurance rate increase was a big deal.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
thanks guys. I'm still waiting to talk to my insurance to see what their policy is. I'm thinking of fighting it though, and I would love to get some advice based on these facts: First of all, I want to ask for some sort of proof or evidence that the gun was targeted at me, and not the person in the lane next to me where traffic was moving much faster. Does this seem like a reasonable approach, and what should I expect? The reasons for this are as follows. I have been having issues with my clutch slipping recently, and am in the process of getting it repaired. Because of this I have had to be extra careful not to accelerate quickly and risk doing further damage to the car. So I have been watching my speed even more than usual. The officers were located 300m from the intersection where I turned on to the road. I had to come to a complete stop and was waiting to turn left, which means that in order for me to have been going 70-something like they claim they clocked me at, I would have had to have accelerated quite quickly in order to get to that speed within 150 metres (or whatever the range for a radar gun is, minus the 300 m distance they were from the intersection where I turned on to the road). Given the fact that I was driving very passively due to my clutch, and also given that this trap was set up at an area about 2 minutes from my home, and is a known speed trap location, where I see the trap every week, it doesn't make sense that I would have been going that fast. I know the officer's word is taken as the truth, so if he says he clocked me going xxx then the court will believe he clocked me going at xxx. How am I supposed to fight this?
thanks guys. I'm still waiting to talk to my insurance to see what their policy is. I'm thinking of fighting it though, and I would love to get some advice based on these facts:
First of all, I want to ask for some sort of proof or evidence that the gun was targeted at me, and not the person in the lane next to me where traffic was moving much faster. Does this seem like a reasonable approach, and what should I expect? The reasons for this are as follows.
I have been having issues with my clutch slipping recently, and am in the process of getting it repaired. Because of this I have had to be extra careful not to accelerate quickly and risk doing further damage to the car. So I have been watching my speed even more than usual. The officers were located 300m from the intersection where I turned on to the road. I had to come to a complete stop and was waiting to turn left, which means that in order for me to have been going 70-something like they claim they clocked me at, I would have had to have accelerated quite quickly in order to get to that speed within 150 metres (or whatever the range for a radar gun is, minus the 300 m distance they were from the intersection where I turned on to the road). Given the fact that I was driving very passively due to my clutch, and also given that this trap was set up at an area about 2 minutes from my home, and is a known speed trap location, where I see the trap every week, it doesn't make sense that I would have been going that fast. I know the officer's word is taken as the truth, so if he says he clocked me going xxx then the court will believe he clocked me going at xxx. How am I supposed to fight this?
Many people get caught in an enforcement zone they KNOW exists. Was the officer using laser or radar? What proof or evidence do you want from the officer? The only evidence you're going to get is his/her statement that he pointed the radar/laser at your car.
Many people get caught in an enforcement zone they KNOW exists. Was the officer using laser or radar? What proof or evidence do you want from the officer? The only evidence you're going to get is his/her statement that he pointed the radar/laser at your car.
Speeding tickets are considered an absolute liability offences. What it means is that if prosecution proves that you exceeded speed limit, it is not open to the defendant to exonerate him/herself by explaining yes, I was speeding because....... A defence of nesessity is still applicable to speeding offences and is a difficult task. In most speeding tickets nesessity is not an issue. So, returning to your comment what needs to be proven in court. 1. Police officer has to be qualified to operate a particular device (Laser / Radar) 2. The device has to be operated in accordance with manufacturer's speciffications (testing, observations, etc). All of the above information is open to cross-examination in court. If you manage to establish an inconsistency - you are in good spot.
Speeding tickets are considered an absolute liability offences. What it means is that if prosecution proves that you exceeded speed limit, it is not open to the defendant to exonerate him/herself by explaining yes, I was speeding because.......
A defence of nesessity is still applicable to speeding offences and is a difficult task. In most speeding tickets nesessity is not an issue.
So, returning to your comment what needs to be proven in court.
1. Police officer has to be qualified to operate a particular device (Laser / Radar)
2. The device has to be operated in accordance with manufacturer's speciffications (testing, observations, etc).
All of the above information is open to cross-examination in court. If you manage to establish an inconsistency - you are in good spot.
Hey guys, thanks for the info so far. Here's one more question though. If I opt for trial and ask for disclosure, and when I receive it I am satisfied that everything is in order, proper procedure was followed, etc, can I at that point change my plea and avoid the court session? Or would I go to court still and just plead guilty right away? Is this a reasonable thing to do or would the judge likely throw the book at me for 'wasting the court's time'?
Hey guys,
thanks for the info so far. Here's one more question though. If I opt for trial and ask for disclosure, and when I receive it I am satisfied that everything is in order, proper procedure was followed, etc, can I at that point change my plea and avoid the court session? Or would I go to court still and just plead guilty right away? Is this a reasonable thing to do or would the judge likely throw the book at me for 'wasting the court's time'?
Actually, if you show up in court, everything was ok with the disclosure and the cop shows up, you can plead guilty and probably get a reduced fine, for not wasting any more of court's time 8)
Actually, if you show up in court, everything was ok with the disclosure and the cop shows up, you can plead guilty and probably get a reduced fine, for not wasting any more of court's time
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
The fine was already reduced, the only reason I am not 100% certain about going to court is because I am afraid the prosecutor might raise the charge back to the original amount (which has points with it). Although, I feel that since it is my right to fight the charge, having the prosecutor move to revert the charge to the original non-reduced amount violates my right to dispute / fight the ticket in the reduced amount...does it not?
FiReSTaRT wrote:
Actually, if you show up in court, everything was ok with the disclosure and the cop shows up, you can plead guilty and probably get a reduced fine, for not wasting any more of court's time
The fine was already reduced, the only reason I am not 100% certain about going to court is because I am afraid the prosecutor might raise the charge back to the original amount (which has points with it). Although, I feel that since it is my right to fight the charge, having the prosecutor move to revert the charge to the original non-reduced amount violates my right to dispute / fight the ticket in the reduced amount...does it not?
The Crown has the ability to bring the speed back up to the original speed. Court of Appeal ruling 3-0 in favour of Crown "ammending up" the offence to the original speed. Here is the thread on the case: http://www.ontariohighwaytrafficact.com/topic1393.html
apparently_speeding wrote:
Although, I feel that since it is my right to fight the charge, having the prosecutor move to revert the charge to the original non-reduced amount violates my right to dispute / fight the ticket in the reduced amount...does it not?
The Crown has the ability to bring the speed back up to the original speed. Court of Appeal ruling 3-0 in favour of Crown "ammending up" the offence to the original speed.
You can enter a guilty plea at any time. If you decide to appear at your trial date and plea guilty to the ticket "as is" it is open to you. At that point prosecution or Justice of the Peace cannot interfere or disallow your intention to plead guilty. Prosecution may ask for the speed to be amended only if you shoose to conduct a trial.
You can enter a guilty plea at any time. If you decide to appear at your trial date and plea guilty to the ticket "as is" it is open to you. At that point prosecution or Justice of the Peace cannot interfere or disallow your intention to plead guilty.
Prosecution may ask for the speed to be amended only if you shoose to conduct a trial.
alright, thanks guys, I really appreciate the advice. I guess I just have to decide if it's worth fighting and taking my chances or not. Still worried the charge will be raised back to the original if I don't make my decisions properly etc... 13 days left to decide :/
Traffic Law wrote:
You can enter a guilty plea at any time. If you decide to appear at your trial date and plea guilty to the ticket "as is" it is open to you. At that point prosecution or Justice of the Peace cannot interfere or disallow your intention to plead guilty.
Prosecution may ask for the speed to be amended only if you shoose to conduct a trial.
alright, thanks guys, I really appreciate the advice. I guess I just have to decide if it's worth fighting and taking my chances or not. Still worried the charge will be raised back to the original if I don't make my decisions properly etc...
Request trial, when you receive your trial notice, request disclosure. If the trial is more than a year from the offense date, you stand a good chance of getting off on 11b. If you don't receive the disclosure, at worst you get your case adjourned (thus boosting your chances of 11b) and at best you get it dismissed. If the cop doesn't show up, you get your case dismissed. If you get the disclosure, the court date is within a "reasonable" amount of time and the cop shows up, when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 8)
Request trial, when you receive your trial notice, request disclosure. If the trial is more than a year from the offense date, you stand a good chance of getting off on 11b. If you don't receive the disclosure, at worst you get your case adjourned (thus boosting your chances of 11b) and at best you get it dismissed. If the cop doesn't show up, you get your case dismissed. If you get the disclosure, the court date is within a "reasonable" amount of time and the cop shows up, when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how trials proceed.
The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how trials proceed.
Here is the information about doing an 11b application. You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information. The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.
Here is the information about doing an 11b application.
You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information.
The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
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…