I was pulled over going 145kmph and had it reduced to 135kmph (on the 401). The location that the officer wrote down was the closest street that exited off of the 401 and also wrote the name of the town. However... I was basically radared by the "border" of the 2 towns and I believe I was closer to the next street up ahead. As well, I believe I was in the next town. So the location of the ticket would be wrong. Is this considered a fatal error or no? Also, if the officer doesn't show up, is it an automatic victory for me? Thanks.
I was pulled over going 145kmph and had it reduced to 135kmph (on the 401). The location that the officer wrote down was the closest street that exited off of the 401 and also wrote the name of the town. However... I was basically radared by the "border" of the 2 towns and I believe I was closer to the next street up ahead. As well, I believe I was in the next town. So the location of the ticket would be wrong. Is this considered a fatal error or no?
Also, if the officer doesn't show up, is it an automatic victory for me?
At this point until you receive a trial date and request disclosure you will not have a great idea of what the officer will say when they testify. Even if you disagree with the location on the ticket what would be your plan? My magic 8 ball tells me no if you plan on saying "Your worship I was in fact speeding but the officer was incorrect about the exact location so you're gonna have to toss this one." The officer not showing might get you off but it is not unusual for the prosecutor to ask for and be granted a request to reschedule the trial.
At this point until you receive a trial date and request disclosure you will not have a great idea of what the officer will say when they testify. Even if you disagree with the location on the ticket what would be your plan? My magic 8 ball tells me no if you plan on saying "Your worship I was in fact speeding but the officer was incorrect about the exact location so you're gonna have to toss this one."
The officer not showing might get you off but it is not unusual for the prosecutor to ask for and be granted a request to reschedule the trial.
My trial is next month. I didn't get disclosure cause I thought this could increase the odds of the officer showing up. I've been in court once before and noticed there were 1-2 cops only for like 12 cases? So it seems like cops don't show up the majority of the time. Then again, this was an OPP officer. He was however, very formal and seemed like he had pretty poor communication skills. So anyway, what do you guys suggest I do? Is this considered a fatal error based on the location? I'm planning on having a map printed out so I can show the area right before the border (as it is an uphill) indiciating that it's not possible for a car to park there.
My trial is next month. I didn't get disclosure cause I thought this could increase the odds of the officer showing up. I've been in court once before and noticed there were 1-2 cops only for like 12 cases? So it seems like cops don't show up the majority of the time. Then again, this was an OPP officer. He was however, very formal and seemed like he had pretty poor communication skills.
So anyway, what do you guys suggest I do? Is this considered a fatal error based on the location? I'm planning on having a map printed out so I can show the area right before the border (as it is an uphill) indiciating that it's not possible for a car to park there.
If you don't have disclosure and receive it at trial the delay will be counted against you eliminating the possibility an 11b charter challenge. Without disclosure any defense is like playing cards without asking to see the other players hand. The rules say that upon reasonable request you are entitled to see the evidence against you before you go to trial. You need to ask yourself what result are you looking to obtain? A further reduction? (that may be offered to you before trial) A dismissal? (that will require you analyzing the evidence and coming up with a viable strategy if one should exist) Writing the wrong address on the ticket would only be problematic if the address did not exist at all (like if it said northbound 401 in Barrie). If you go to trial you would have to prove that the offence took place elsewhere unless the officer does it for you which will not happen. Most fatal errors can be amended in court; perform a search on fatal errors to better familiarize yourself with them if you plan on going that route as there are different ways of handling them. If you are counting on the officer not attending court I wouldn't hold your breath. Police officers are usually paid overtime and are required to attend court, they seldom miss court. Court is scheduled so they can attend several trials at once.
If you don't have disclosure and receive it at trial the delay will be counted against you eliminating the possibility an 11b charter challenge. Without disclosure any defense is like playing cards without asking to see the other players hand. The rules say that upon reasonable request you are entitled to see the evidence against you before you go to trial.
You need to ask yourself what result are you looking to obtain? A further reduction? (that may be offered to you before trial) A dismissal? (that will require you analyzing the evidence and coming up with a viable strategy if one should exist)
Writing the wrong address on the ticket would only be problematic if the address did not exist at all (like if it said northbound 401 in Barrie). If you go to trial you would have to prove that the offence took place elsewhere unless the officer does it for you which will not happen. Most fatal errors can be amended in court; perform a search on fatal errors to better familiarize yourself with them if you plan on going that route as there are different ways of handling them.
If you are counting on the officer not attending court I wouldn't hold your breath. Police officers are usually paid overtime and are required to attend court, they seldom miss court. Court is scheduled so they can attend several trials at once.
So what sort of strategy would exist for a dismissal in this case? And last time only 1 or 2 cops were in the court room and several cases were withdrawn due to the cop not being there. Do I just take a look around and if he's not there then go forward with a trial? :) which will lead to the case being withdrawn?
ynotp wrote:
If you don't have disclosure and receive it at trial the delay will be counted against you eliminating the possibility an 11b charter challenge. Without disclosure any defense is like playing cards without asking to see the other players hand. The rules say that upon reasonable request you are entitled to see the evidence against you before you go to trial.
You need to ask yourself what result are you looking to obtain? A further reduction? (that may be offered to you before trial) A dismissal? (that will require you analyzing the evidence and coming up with a viable strategy if one should exist)
Writing the wrong address on the ticket would only be problematic if the address did not exist at all (like if it said northbound 401 in Barrie). If you go to trial you would have to prove that the offence took place elsewhere unless the officer does it for you which will not happen. Most fatal errors can be amended in court; perform a search on fatal errors to better familiarize yourself with them if you plan on going that route as there are different ways of handling them.
If you are counting on the officer not attending court I wouldn't hold your breath. Police officers are usually paid overtime and are required to attend court, they seldom miss court. Court is scheduled so they can attend several trials at once.
So what sort of strategy would exist for a dismissal in this case?
And last time only 1 or 2 cops were in the court room and several cases were withdrawn due to the cop not being there. Do I just take a look around and if he's not there then go forward with a trial? which will lead to the case being withdrawn?
Trials are scheduled in blocks and anyone charged by the same officer will likely be in that block all at once. Usually you'll only see 1-3 officers in a scheduled block because there are multiple cases there regarding the same officer. If they showed up one at a time, an officer would be in court every day of his life. Not asking for disclosure and then arguing how/when/where the officer recorded your speed isn't a good strategy. You're running on assumptions, not facts.
metal9x wrote:
My trial is next month. I didn't get disclosure cause I thought this could increase the odds of the officer showing up. I've been in court once before and noticed there were 1-2 cops only for like 12 cases? So it seems like cops don't show up the majority of the time. Then again, this was an OPP officer. He was however, very formal and seemed like he had pretty poor communication skills.
Trials are scheduled in blocks and anyone charged by the same officer will likely be in that block all at once. Usually you'll only see 1-3 officers in a scheduled block because there are multiple cases there regarding the same officer. If they showed up one at a time, an officer would be in court every day of his life.
Not asking for disclosure and then arguing how/when/where the officer recorded your speed isn't a good strategy. You're running on assumptions, not facts.
What if I try tell the prosecutor that he got the location wrong and ask for 29kmph over (minor conviction) IF the officer is there or IF the crown refuses to reduce it below 30kmph over (major conviction)? If he isn't there, just go ahead with a trial anyway. Basically, 130 and 145 is the same in terms of insurance rates since it's all a major conviction anyway. So it seems like if I can't get a reduction below 130, then a trial is a good option. Thoughts on this basic strategy?
What if I try tell the prosecutor that he got the location wrong and ask for 29kmph over (minor conviction) IF the officer is there or IF the crown refuses to reduce it below 30kmph over (major conviction)?
If he isn't there, just go ahead with a trial anyway.
Basically, 130 and 145 is the same in terms of insurance rates since it's all a major conviction anyway. So it seems like if I can't get a reduction below 130, then a trial is a good option.
You haven't asked for disclosure. You don't know for certain where your speed was recorded. You are assuming things by what you saw. That information would be located in your disclosure. You can't just assume these things going into trial. They may offer you that deal just for showing up. It's up to the prosecutor. 30+ isn't seen as a major conviction to most insurance companies anyways. While it is up to the individual company, you won't see a major impact until you reach 50 and over.
metal9x wrote:
What if I try tell the prosecutor that he got the location wrong
You haven't asked for disclosure. You don't know for certain where your speed was recorded. You are assuming things by what you saw. That information would be located in your disclosure. You can't just assume these things going into trial.
metal9x wrote:
and ask for 29kmph over (minor conviction) IF the officer is there or IF the crown refuses to reduce it below 30kmph over (major conviction)?
They may offer you that deal just for showing up. It's up to the prosecutor. 30+ isn't seen as a major conviction to most insurance companies anyways. While it is up to the individual company, you won't see a major impact until you reach 50 and over.
You can still request disclosure, and I would do that ASAP, however it probably won't be ready in time for your court date. Instead you will probably get it at your court date and then you will be granted an adjournment so you can review it. You won't be able to count the time during the adjournment towards an 11B challenge (a motion to have your charges stayed due to unreasonable delay) because the delay will be attributed to you.
You can still request disclosure, and I would do that ASAP, however it probably won't be ready in time for your court date. Instead you will probably get it at your court date and then you will be granted an adjournment so you can review it. You won't be able to count the time during the adjournment towards an 11B challenge (a motion to have your charges stayed due to unreasonable delay) because the delay will be attributed to you.
I got a speeding ticket in a speed trap for 66km/h in a 50km zone, which i do not beleive i was going that speed. I was in the right lane, and there was another vehicle in the left lane, and the officer pulled both of us over. When the officer approached my vehicle and asked for my licence and registration he mentioned that he clocked me at 66km/h and the other vehicle to my left at 72km/h. I…
I was hit while driving. It was the other guy's fault and he was charged with careless driving.
I have just received a "summons to witness". The summons threatens all sorts of dire consequences if I don't show up to court.
The problem is that I don't want to show up to court. Besides being difficult for me, the other driver is an acquaintance, and I would rather not see him get into trouble. His…
I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the…
Today I received a speeding infraction on shoreham drive near York University. A speed trap had been setup.
The infraction is 63 in a 40 as the officer stated it was a school zone. Also the insurance card that was in the glove box (parents car) was expired so a further infraction was issued. The officer stated that since I was a student he would cut me a break if I…
I've been stopped and fined for driving holding a communication device.
The first thing the officer said was "you were texting". I was actually in a conversation in a hands free mode (speakerphone):
"Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2."
What is the requirement for stopping when a school bus is traveling down the roadway, initiates the flashing red lights while still moving but has not yet stopped? If a motorist is traveling through an intersection (through the free-flow approach, minor-street stop controlled) and an oncoming school bus initiates the lights while approaching the intersection, but is still moving and has not come…
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
Hey everyone, sorry if this is the wrong section for this (i'm a new user )
Well today as I was coming home from class, I was travelling at about 116-118 and police officer was driving in the express holding up traffic and I didn't really see him. So as I go to pass in the middle lane we started going down a slight hill (before the service centre on townline exit); I didn't want to apply my…
I am new to the forum and am hoping for some guidance from forum members. Having recently been charged with Stunt Driving (speeding 157 in 100 zone on Hwy 407) and received a summons (for about a month from now), I had the following questions that I would be gracious for some feedback:
a) what is the actual process for next steps? My understanding is that when I appear at the summons, it is not a…
I currently drive a honda civic, with tinted windows. It is 35 % in the front and 20% in the back. however, i got a ticket due to a police officer said the front tints were to dark and he could not see me (at 4 pm, broad day light). Is this ticket unnecessary? and what is the legal limits?
The ticket said: Colour coating obscuring interior
I got a ticket for obstruct plate on morning of Feb 4 2009. I was driving in front of a police officer who was wearing sun glasses. He pulled me over and insisted he cannot see my plate but it was just some dirt or salt. Is it possible for me to fight the ticket? Also I went on york.ca to check the ticket but it says that the offence not found. It has been over 10 days since i got the ticket so I…
Was charged with not stopping for stop sign that I believe I stopped. I have searched the section number on the Internet and find no results for that charge. I have found HTA 136 1 A and HTA 136 1 B so what is HTA 136 1 9?
Is anybody interested in CVSA or commercial motor vehicle stuff? This was my specialty in policing. I can write some articles about weights, measures, documents, etc, if there's an audience for it.
We have a vehicle which needs to go to a repair shop before it can be licensed. The shop is 10km away. Can a licensed vehicle tow it to the shop? We are hoping to avoid paying for a lift truck to transport it.
Along the same lines, would the laws be different if a farm tractor or other slow moving vehicle were doing the towing? This is a rural property.
I had a perfect driving record. I am in the process of applying for a really good job that takes about year to go thru the application process. One of the conditions is to have a perfect driving record - spotless.
I got a ticket for "operate motor vehicle, no valid tag". The plate was expired. I was driving someone else's vehicle as a favour to them.
Both tickets can be dropped by prosecutor, because I got these tickets before and they just dropped it, when I showed a picture that I put my plate back on and I got the insurance slip.
I set a court date to fight the tickets, because I did not have time to meet with prosecutor. I…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
found this resource online, wanted to ask a few questions
I have my trial today, march 3rd in TOronto East
I got a speeding ticket APril 6th 2009 at 1:12am East bound on the BLoor Viaduct, 74 in a 50, officer was using Lidar and ran out in the middle of the street to stop me
the trial date is today.
I already have filed for an 11b a few weeks back by serving the prosecutor and mailing the…
Ok story starts as this. I admit, I wasn't the smartest!!! lol
I was helping people move on saturday, had a few drinks. Went out for a night dinner with the wife for date night, had a few more drinks at dinner... but nothing extreme. Got home felt tired and we had people coming over so I downed a Red Bull, first stupid mistake, then after they left i went to the bathroom and fainted, was…
Here's the situation. I entered the 401 heading east. After a minute or two I was on the left lane a few car-lengths behind a marked cruiser. He was driving annoyingly slow in the left lane, maybe 110km/h, even if that. (I saw something in the HTA that slower traffic must keep right according to the current flow.) That's why I thought it was 'safe' to pass him. After about 20 or so seconds…
So I have an vehicle which I don't drive over the winter. My birthday is in November. So, to save some cash flow before Christmas, in November 2018 I chose not to buy a sticker, knowing full well that when spring came I would still need to pay the $120 for the period November 2018 - November 2019.
Fast forward to last week, now we finally have some decent weather, I go to the ServiceOntario…
Good morning drivers, law enforcement, and traffic enthusiasts,
I recently received a ticket for "FAIL TO YIELD TO PEDESTRIAN." I was stopped at a red light in the left lane, signalling to turn left. The light turned green and as I pulled into the intersection, a pedestrian on the left crosswalk began crossing in the opposite direction. As I approached the crosswalk to complete the left turn, the…