Last weekend, I got a speeding ticket on the 401, outside of Woodstock. I live in Toronto. I was in the very left hand lane, given a ticket for going 38 km/h over the posted speed limit, according to the radar. The guy in front of me was going the same speed as well (as was other traffic in that lane), but they got lucky. The ticket is $228 "set fine" and then it says $283 "total payable" (wtf? talk about ripping you off with all these "applicable victim fine surcharge and costs" for which no breakdown is provided?!). Anyway, obviously my main concern is my insurance rates going up (and also this fine is pricey), and my experience with tickets is that if you go to court, your ticket can get reduced, etc. if you plead guilty. However, I understand that a conviction at all will mark your driving record, so it is better to plead not guilty and see if something can be done. Some background is that I was convicted of a speeding ticket on the Allen at the end of 2012 (I forget the speed, but it was probably 15-20km/h over or something - you know how everyone goes 100km on that road..). I did all the steps of filing for disclosure, etc. and could not find any holes in it.. although the cop gave me the documents that same day, if I remember correctly. In the end, I just pleaded guilty and had my fine reduced, along with no demerit points because it was recorded as a reduced # of km over the speed limit. So this is already on my record. Other than that, I only have one minor at fault collision from a few years ago (broke her rear light and some scratch/dent on her car) and 2 not-at-fault collisions, none of which seemed to impact my insurance at all - in fact, my insurance rate went down (perhaps the person did not end up taking it to her insurance company). The major issue is that the place to file for a court date is in Cambridge, so it will be a 1-1.5 hour drive out there in the middle of the week, necessitating half a day off work (luckily, my work is flexible with time off). I am wondering what people would advise I do. Is it worthwhile to take this to court and file, pleading not guilty, and go through all the steps with disclosure, etc. in case there are major holes in the evidence, or the cop doesn't show up in court, or they take forever to grant me a court date and I can argue on the basis an 11(b).. or do those latter 2 things even happen in Cambridge? Maybe it is not as busy as in Toronto? Or should I just speak to a prosecutor in an early resolution meeting (I understand this can be done by phone if I live more than 75 km/h from the court house, which I do) and try to get the fine reduced? What else can I speak to the prosecutor about? The back of the ticket says "by choosing this option, you do not forego the right to a trial." What kind of impact will this have on my driving record and insurance? I have to file something or pay the fine by the end of this week. Thanks!
Last weekend, I got a speeding ticket on the 401, outside of Woodstock. I live in Toronto. I was in the very left hand lane, given a ticket for going 38 km/h over the posted speed limit, according to the radar. The guy in front of me was going the same speed as well (as was other traffic in that lane), but they got lucky. The ticket is $228 "set fine" and then it says $283 "total payable" (wtf? talk about ripping you off with all these "applicable victim fine surcharge and costs" for which no breakdown is provided?!). Anyway, obviously my main concern is my insurance rates going up (and also this fine is pricey), and my experience with tickets is that if you go to court, your ticket can get reduced, etc. if you plead guilty. However, I understand that a conviction at all will mark your driving record, so it is better to plead not guilty and see if something can be done. Some background is that I was convicted of a speeding ticket on the Allen at the end of 2012 (I forget the speed, but it was probably 15-20km/h over or something - you know how everyone goes 100km on that road..). I did all the steps of filing for disclosure, etc. and could not find any holes in it.. although the cop gave me the documents that same day, if I remember correctly. In the end, I just pleaded guilty and had my fine reduced, along with no demerit points because it was recorded as a reduced # of km over the speed limit. So this is already on my record. Other than that, I only have one minor at fault collision from a few years ago (broke her rear light and some scratch/dent on her car) and 2 not-at-fault collisions, none of which seemed to impact my insurance at all - in fact, my insurance rate went down (perhaps the person did not end up taking it to her insurance company).
The major issue is that the place to file for a court date is in Cambridge, so it will be a 1-1.5 hour drive out there in the middle of the week, necessitating half a day off work (luckily, my work is flexible with time off). I am wondering what people would advise I do. Is it worthwhile to take this to court and file, pleading not guilty, and go through all the steps with disclosure, etc. in case there are major holes in the evidence, or the cop doesn't show up in court, or they take forever to grant me a court date and I can argue on the basis an 11(b).. or do those latter 2 things even happen in Cambridge? Maybe it is not as busy as in Toronto?
Or should I just speak to a prosecutor in an early resolution meeting (I understand this can be done by phone if I live more than 75 km/h from the court house, which I do) and try to get the fine reduced? What else can I speak to the prosecutor about? The back of the ticket says "by choosing this option, you do not forego the right to a trial."
What kind of impact will this have on my driving record and insurance?
I have to file something or pay the fine by the end of this week.
The insurance companies have to pay for your driving abstracts, and they do this around the time of your renewal. If you've had a clean record for several years, the insurance company loses money paying for your abstract... so they choose not to get it. That money can be better spent on an at/higher risk driver (ie. male, 16yr, brampton, speeding, at-fault accident). You'll have to look at your insurance policy, some people get conviction free discounts of 15%. If you get convicted for speeding, you'll lose those discounts and they may add another +10% per conviction. State Farm cancels policies on a third minor conviction within a three year window. It's always better to request disclosure, and request a trial to maximize your opportunities of having the charges withdrawn due to technicalities. You'll have to look at your finances, and decide whether the time off and trips to Cambridge will be less than a guilty fine + insurance premium increase. You can also consider finding a local paralegal and see if their costs are more or less than your trips/time-off. Set Fine: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/ Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/e ... 0161_e.htm Court Costs: http://www.e-laws.gov.on.ca/html/regs/e ... 0945_e.htm
The insurance companies have to pay for your driving abstracts, and they do this around the time of your renewal. If you've had a clean record for several years, the insurance company loses money paying for your abstract... so they choose not to get it. That money can be better spent on an at/higher risk driver (ie. male, 16yr, brampton, speeding, at-fault accident).
You'll have to look at your insurance policy, some people get conviction free discounts of 15%. If you get convicted for speeding, you'll lose those discounts and they may add another +10% per conviction. State Farm cancels policies on a third minor conviction within a three year window.
It's always better to request disclosure, and request a trial to maximize your opportunities of having the charges withdrawn due to technicalities. You'll have to look at your finances, and decide whether the time off and trips to Cambridge will be less than a guilty fine + insurance premium increase. You can also consider finding a local paralegal and see if their costs are more or less than your trips/time-off.
I got a speeding ticket Eastbound 401 east of Brooksale Ave just past Cornwall. He was sitting on the right side and unmarked hidden by tall bushes on a right bend in the road.He spoke with a strong French accent. He said "I reduced the speed to save you some points" The ticket says 120km in a posted 100km zone $95 ticket. It shows R checked with 129 over it. A 3 point ticket reduced to a 3 point ticket so I found out later. Who cares about a km reduction when it does nothing about the points! He spelled my first name wrong but anyone looking at it can easily make correction. The Paralegal said they make the R so that the prosecutor doesn't have to make a deal. I live in Newmarket and a 4 1/2 hour drive to Cornwall. My frienddid the disclosure thing and said he would like to go through proper procedure and receive it by registered mail. he never got the registered mail and went back to court and had it tossed. But he did this in Toronto. Is there any way to beat this ticket. Thanks Switchbacker Is there any way to beat this? Is there any way to beat this
I got a speeding ticket Eastbound 401 east of Brooksale Ave just past Cornwall. He was sitting on the right side and unmarked hidden by tall bushes
on a right bend in the road.He spoke with a strong French accent. He said "I reduced the speed to save you some points"
The ticket says 120km in a posted 100km zone $95 ticket. It shows R checked with 129 over it.
A 3 point ticket reduced to a 3 point ticket so I found out later. Who cares about a km reduction when it does nothing
about the points! He spelled my first name wrong but anyone looking at it can easily make correction.
The Paralegal said they make the R so that the prosecutor doesn't have to make a deal.
I live in Newmarket and a 4 1/2 hour drive to Cornwall. My frienddid the disclosure thing and said he would like to go
through proper procedure and receive it by registered mail. he never got the registered mail and went back to court and had it tossed.
But he did this in Toronto. Is there any way to beat this ticket.
Saving the $30-$40 in a fine is probably more useful than avoiding the points. For the everyday driver, points are useless. They expire within 2 years. Unless you are a novice driver or you plan on getting pulled over every other month, I wouldn't lose any sleep over the points.
switchbacker wrote:
A 3 point ticket reduced to a 3 point ticket so I found out later. Who cares about a km reduction when it does nothing
about the points!
Saving the $30-$40 in a fine is probably more useful than avoiding the points. For the everyday driver, points are useless. They expire within 2 years. Unless you are a novice driver or you plan on getting pulled over every other month, I wouldn't lose any sleep over the points.
I sat on this a bit too long. My court date is Feb 9th (it crept up on me!) and I just sent an email asking for disclosure today. I got an automated email back saying they received my disclosure request, so that is proof that they got my request. The unfortunate thing is I have to go in person to pick it up once it is ready, and that is in Kitchener. Meanwhile, I live in Toronto and work full-time during the day. I requested the following: - a full copy of the police officers notes (typed if not legible) - a copy of both sides of the officer's copy of the ticket (offence notice) - type, name and model # of speed detection device the officer used - copy of the manual for the speed detection device - calibration records for the speed detection device - certificate or information showing the officers training in using the device - maintenance record for the device used - any other evidence the Crown plans to use in court After looking at the disclosure and I see there are no possible holes, is it better to just pay the fine if I feel attending court is too inconvenient? My primary concern is insurance rates going up. As I understand it, the insurance company does not care about demerit points, nor how much the fine was or how fast you were speeding. A conviction is a conviction to them, whether 1km/hour over or 38km/hour over, is that correct? I would attend court if the insurance company does consider your speed and see if I could get the km reduced. I understand that even if there are no holes in the disclosure, I could get off if the officer does not show up (which I also understand is rare, particularly in a place like Kitchener). In this case, do I plead not guilty up to the point of my trial being called to the stand (usually, they let you know the officer didn't show only at this stage, right?)? If I find the officer is there, is it possible at this stage to change my plea to guilty with explanation and try to get a reduced fine, or is it too late by the time you are called up? My final question is that I am considering hiring a paralegal because of the hassle of going to Kitchener during the work day. Is this a wise idea, and approx much to do they normally charge?
I sat on this a bit too long. My court date is Feb 9th (it crept up on me!) and I just sent an email asking for disclosure today. I got an automated email back saying they received my disclosure request, so that is proof that they got my request. The unfortunate thing is I have to go in person to pick it up once it is ready, and that is in Kitchener. Meanwhile, I live in Toronto and work full-time during the day.
I requested the following:
- a full copy of the police officers notes (typed if not legible)
- a copy of both sides of the officer's copy of the ticket (offence notice)
- type, name and model # of speed detection device the officer used
- copy of the manual for the speed detection device
- calibration records for the speed detection device
- certificate or information showing the officers training in using the device
- maintenance record for the device used
- any other evidence the Crown plans to use in court
After looking at the disclosure and I see there are no possible holes, is it better to just pay the fine if I feel attending court is too inconvenient? My primary concern is insurance rates going up. As I understand it, the insurance company does not care about demerit points, nor how much the fine was or how fast you were speeding. A conviction is a conviction to them, whether 1km/hour over or 38km/hour over, is that correct? I would attend court if the insurance company does consider your speed and see if I could get the km reduced. I understand that even if there are no holes in the disclosure, I could get off if the officer does not show up (which I also understand is rare, particularly in a place like Kitchener). In this case, do I plead not guilty up to the point of my trial being called to the stand (usually, they let you know the officer didn't show only at this stage, right?)? If I find the officer is there, is it possible at this stage to change my plea to guilty with explanation and try to get a reduced fine, or is it too late by the time you are called up?
My final question is that I am considering hiring a paralegal because of the hassle of going to Kitchener during the work day. Is this a wise idea, and approx much to do they normally charge?
I just got my disclosure, but not all of what I requested. I'd like some help deciphering it (see images below), and seeing if there are any holes in the evidence. I am trying to figure out if I would be able to fight this ticket entirely, or plead for a lesser charge.. or if I should just hire a paralegal to deal with all of this for me since the location is so inconvenient (I live in Toronto and the trial is in Kitchener. I was quoted $350 by one company, but they mentioned they would file for a trial and request disclosure as part of it, but I've already done that, so I imagine I can get some cost knocked off). Also, should I ask for the missing info (I am thinking in particular the training records for the officer)? And do I need to view the complete device manual? I had asked for: - a full copy of the police officers notes (typed if not legible) - a copy of both sides of the officer's copy of the ticket (offence notice) - type, name and model # of speed detection device the officer used - copy of the manual for the speed detection device - calibration records for the speed detection device - certificate or information showing the officers training in using the device - maintenance record for the device used - any other evidence the Crown plans to use in court They replied with: "Disclosure and testing pages are attached. Please be advised that you are welcome to attend at our office to review the complete manual; should you wish to do so, please arrange a mutually convenient appointment time with our office by contacting the number below. We have no calibration or maintenance records to disclose. All else is covered." This is all I got: Thanks in advance for any help!
I just got my disclosure, but not all of what I requested. I'd like some help deciphering it (see images below), and seeing if there are any holes in the evidence. I am trying to figure out if I would be able to fight this ticket entirely, or plead for a lesser charge.. or if I should just hire a paralegal to deal with all of this for me since the location is so inconvenient (I live in Toronto and the trial is in Kitchener. I was quoted $350 by one company, but they mentioned they would file for a trial and request disclosure as part of it, but I've already done that, so I imagine I can get some cost knocked off). Also, should I ask for the missing info (I am thinking in particular the training records for the officer)? And do I need to view the complete device manual?
I had asked for:
- a full copy of the police officers notes (typed if not legible)
- a copy of both sides of the officer's copy of the ticket (offence notice)
- type, name and model # of speed detection device the officer used
- copy of the manual for the speed detection device
- calibration records for the speed detection device
- certificate or information showing the officers training in using the device
- maintenance record for the device used
- any other evidence the Crown plans to use in court
They replied with:
"Disclosure and testing pages are attached.
Please be advised that you are welcome to attend at our office to review the complete manual; should you wish to do so, please arrange a mutually convenient appointment time with our office by contacting the number below.
We have no calibration or maintenance records to disclose.
You received everything you should expect in disclosure. Some of the items you asked for simply don't exist or won't be provided. Assuming the officer is competent in giving evidence, everything required for a conviction is in his or her notes. I see no benefit in hiring a paralegal unless you plan to fight the charge outright. You'll likely pay more for their services then you would save with a reduced fine. The only exception would be if your insurance provider considers 35+ over a major conviction, in which case a reduced speeding ticket would save you in terms of insurance. Probably too late now, but did you consider an early resolution meeting? Some jurisdictions allow them to be done over the phone. You could possibly plead to a reduced speed without needing to attend Court.
You received everything you should expect in disclosure. Some of the items you asked for simply don't exist or won't be provided. Assuming the officer is competent in giving evidence, everything required for a conviction is in his or her notes.
I see no benefit in hiring a paralegal unless you plan to fight the charge outright. You'll likely pay more for their services then you would save with a reduced fine. The only exception would be if your insurance provider considers 35+ over a major conviction, in which case a reduced speeding ticket would save you in terms of insurance.
Probably too late now, but did you consider an early resolution meeting? Some jurisdictions allow them to be done over the phone. You could possibly plead to a reduced speed without needing to attend Court.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…