Hi guys, I'm still a little in shock of getting my first traffic ticket... On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in between some trees thus I didn't see it before passing. So I stopped, in a panic of course because this is the first time I'm getting pulled over for 9 years. The police didn't say much just telling me I was doing 133km/h on radar, but I couldn't verify that because I didn't look at my speed while passing. He asked for my documents and left, about 5 mins later he came back with a ticket. He said because I had a clean record so he reduced it to 115km/h thus no points and only $52.5 fine. Then he left without giving me a chance to explain. I drove home in shock and shame still can't believe I received my first ticket. I was originally going to pay the fine right away but people have been telling me about the increased insurance fees and this record on my file. I've done some research and a new finding on the ticket gave me hope. It's a hand written ticket issued near Brockville, everything is accurate except the officer signature box is empty! From my research I have 3 options: 1. Do nothing, then appeal if convicted (Risky, thus I'm scared to do this) 2. Trial, request disclosure and prepare defence 3. Trial, then don't show and appeal if convicted I would appreciate any advice from you guys because I don't know what to do now, and if I ever decide to fight the ticket, I have to go to Brockville(100km away)... thanks.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in between some trees thus I didn't see it before passing.
So I stopped, in a panic of course because this is the first time I'm getting pulled over for 9 years. The police didn't say much just telling me I was doing 133km/h on radar, but I couldn't verify that because I didn't look at my speed while passing. He asked for my documents and left, about 5 mins later he came back with a ticket. He said because I had a clean record so he reduced it to 115km/h thus no points and only $52.5 fine. Then he left without giving me a chance to explain. I drove home in shock and shame still can't believe I received my first ticket.
I was originally going to pay the fine right away but people have been telling me about the increased insurance fees and this record on my file. I've done some research and a new finding on the ticket gave me hope.
It's a hand written ticket issued near Brockville, everything is accurate except the officer signature box is empty! From my research I have 3 options:
1. Do nothing, then appeal if convicted (Risky, thus I'm scared to do this)
2. Trial, request disclosure and prepare defence
3. Trial, then don't show and appeal if convicted
I would appreciate any advice from you guys because I don't know what to do now, and if I ever decide to fight the ticket, I have to go to Brockville(100km away)... thanks.
Congrats! You have a fatal error. Either option #1 or 3 that you described will work. Option 1 would be ideal as you do not need to make a trip to brockville unless convicted. Whereas you would need to go to brockville to request a trial, and then to not show up for it, and if you get convicted, it would require another trip up. Short and sweet answer, don't respond to the ticket.
Congrats! You have a fatal error. Either option #1 or 3 that you described will work. Option 1 would be ideal as you do not need to make a trip to brockville unless convicted. Whereas you would need to go to brockville to request a trial, and then to not show up for it, and if you get convicted, it would require another trip up.
Short and sweet answer, don't respond to the ticket.
I don't believe that is correct. The portion issued to the driver does not need a signature. The part sent to the court does. In fact the signature box says that it is certifying that the officer served the driver so it shouldn't be signed until the offence notice has been issued.
I don't believe that is correct. The portion issued to the driver does not need a signature. The part sent to the court does.
In fact the signature box says that it is certifying that the officer served the driver so it shouldn't be signed until the offence notice has been issued.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Thanks for all your replies. So if the original ticket (certificate of offence) was also not signed, it must be a fatal error right? It's been 5 days since I got the ticket, how do I find out if the ticket was submitted to court or not? If I request a trial and then request disclosure, do I need to give my ticket to the court? it has hand written note(just on my ticket in ink, not from the carbon copy) from the police officer saying it was reduced from $238 + 4 points. Does it mean I will be charged with the higher speed and fine?
Thanks for all your replies.
So if the original ticket (certificate of offence) was also not signed, it must be a fatal error right?
It's been 5 days since I got the ticket, how do I find out if the ticket was submitted to court or not?
If I request a trial and then request disclosure, do I need to give my ticket to the court? it has hand written note(just on my ticket in ink, not from the carbon copy) from the police officer saying it was reduced from $238 + 4 points. Does it mean I will be charged with the higher speed and fine?
The copy of the ticket you get is called the Notice of Offence. The original that the officer files with the court is called the Certificate of Offence. My opinion is that, yes your ticket (the notice of offence) must also be signed. So section 3(2) says: A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13, And then we add section 3(2)(b) which says: either an offence notice indicating the set fine for the offence or a summons. So I read this to say that the only way an Offence Notice (your copy of the ticket) can be validly issued, is if it is signed and has the correct set fine.
The copy of the ticket you get is called the Notice of Offence. The original that the officer files with the court is called the Certificate of Offence.
My opinion is that, yes your ticket (the notice of offence) must also be signed.
PROVINCIAL OFFENCES ACT
PART I
COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE
Certificate of offence and offence notice
3. (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the court. R.S.O. 1990, c. P.33, s. 3 (1).
Issuance and service
(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
(a) a certificate of offence certifying that an offence has been committed; and
(b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2).
So section 3(2) says:
A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
And then we add section 3(2)(b) which says:
either an offence notice indicating the set fine for the offence or a summons.
So I read this to say that the only way an Offence Notice (your copy of the ticket) can be validly issued, is if it is signed and has the correct set fine.
Ah that's very helpful jsherk. But can I go to the courthouse right now and ask the clerk to void this ticket? Or do I have to wait for an automatic conviction? If I request a trial now, does it affect my case? I don't mind going there twice, I just want to do it right.
Ah that's very helpful jsherk.
But can I go to the courthouse right now and ask the clerk to void this ticket? Or do I have to wait for an automatic conviction? If I request a trial now, does it affect my case? I don't mind going there twice, I just want to do it right.
I'm not sure it's going to be that simple. If the actual certificate of offence isn't signed then that would be one thing. I don't think not having a signature on the Offence Notice is necessarily a slam dunk. It may be but the court may not see it that way. The notice is to advise you of the charge, which it does even without the signature.
I'm not sure it's going to be that simple. If the actual certificate of offence isn't signed then that would be one thing. I don't think not having a signature on the Offence Notice is necessarily a slam dunk. It may be but the court may not see it that way. The notice is to advise you of the charge, which it does even without the signature.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
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…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
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…