In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well. :lol: Had the first court date adjourned because I did not receive disclosure. I used the Ticketcombat template and faxed it over, they told me I never left a phone number. No surprise there, I figured they want me to pick it up. Gave it to me day of court and asked if I wanted to look it over, I politely declined and said I needed time to review disclosure. I requested in car camera video and typed notes, all I received was written notes and my driving abstract. I made another request for disclosure but haven't heard back from them regarding anything. I have the court date coming up in 2 weeks and wanted some advice on how to proceed? Should I request disclosure again? This is honestly dragging on for so long now and I don't want to just have to adjourn again. Thanks in advance.
In a nutshell, in York Region, ran a stale yellow, cop was on a 407 off ramp and tickets me for red light. 2 week old pink slip, I forgot I put the new behind the expired one so I got a ticket for that as well.
Had the first court date adjourned because I did not receive disclosure. I used the Ticketcombat template and faxed it over, they told me I never left a phone number. No surprise there, I figured they want me to pick it up. Gave it to me day of court and asked if I wanted to look it over, I politely declined and said I needed time to review disclosure. I requested in car camera video and typed notes, all I received was written notes and my driving abstract. I made another request for disclosure but haven't heard back from them regarding anything.
I have the court date coming up in 2 weeks and wanted some advice on how to proceed? Should I request disclosure again? This is honestly dragging on for so long now and I don't want to just have to adjourn again.
You usually don't get typed notes on a first request. It's hard to argue you can't read what you haven't seen. All parties were in the same room when you received your disclosure package. If you needed clarification, it could and would have been provided right then and there. It doesn't take much to know a set of hand written notes aren't legible. If you wanted video, it doesn't take much to see your package doesn't include any. If the disclosure package wasn't to your liking, it should have been brought to attention. You would then make your argument for why you need what you need. Is there a specific reason you feel there is any video? If it doesn't exist, it obviously wont be provided. You're the one who is going to be considered wasting the courts time, not the other way around. If you used the ticketcombat template (bloated irrelevant requests and all) and didn't at the very least leave an email address, that's going to be on you. If you wait until you've left the court to make requests for things that could have easily been squared while you were there, that's also going to be on you. Be prepared for an annoyed JP.
You usually don't get typed notes on a first request. It's hard to argue you can't read what you haven't seen.
All parties were in the same room when you received your disclosure package. If you needed clarification, it could and would have been provided right then and there. It doesn't take much to know a set of hand written notes aren't legible. If you wanted video, it doesn't take much to see your package doesn't include any. If the disclosure package wasn't to your liking, it should have been brought to attention. You would then make your argument for why you need what you need.
Is there a specific reason you feel there is any video? If it doesn't exist, it obviously wont be provided.
You're the one who is going to be considered wasting the courts time, not the other way around. If you used the ticketcombat template (bloated irrelevant requests and all) and didn't at the very least leave an email address, that's going to be on you. If you wait until you've left the court to make requests for things that could have easily been squared while you were there, that's also going to be on you. Be prepared for an annoyed JP.
Ticketcombat site has not been updated for years. The courts have decided that it is now up to YOU to check if disclosure is ready, and it is not up to the prosecution to have to hunt you down. So if it was ready and you did not check then they will count this first adjourment time delay against you not the prosecution. As far as fighting the red light ticket, what do the officers notes say? Do they say he saw you go thru a red light? So now it will be officers word against your word that it yellow. Who do you think the JP will believe? And it sounds like you got two tickets... what was the other ticket?
Ticketcombat site has not been updated for years. The courts have decided that it is now up to YOU to check if disclosure is ready, and it is not up to the prosecution to have to hunt you down. So if it was ready and you did not check then they will count this first adjourment time delay against you not the prosecution.
As far as fighting the red light ticket, what do the officers notes say? Do they say he saw you go thru a red light? So now it will be officers word against your word that it yellow. Who do you think the JP will believe?
And it sounds like you got two tickets... what was the other ticket?
I realize I would get written notes. The disclosure form provided by York Region lacks details on what is to be requested. I followed the Ticketcombat template, not entirely, but as a means to ask for the officers notes and dash cam footage specifically. I asked for an adjournment then reviewed what was in the disclosure package, I never opened it in court. Reviewing the footage would allow me to see where the officer was positioned and possibly light signal timing to back up my case.
bend wrote:
You usually don't get typed notes on a first request. It's hard to argue you can't read what you haven't seen.
All parties were in the same room when you received your disclosure package. If you needed clarification, it could and would have been provided right then and there. It doesn't take much to know a set of hand written notes aren't legible. If you wanted video, it doesn't take much to see your package doesn't include any. If the disclosure package wasn't to your liking, it should have been brought to attention. You would then make your argument for why you need what you need.
Is there a specific reason you feel there is any video? If it doesn't exist, it obviously wont be provided.
You're the one who is going to be considered wasting the courts time, not the other way around. If you used the ticketcombat template (bloated irrelevant requests and all) and didn't at the very least leave an email address, that's going to be on you. If you wait until you've left the court to make requests for things that could have easily been squared while you were there, that's also going to be on you. Be prepared for an annoyed JP.
I realize I would get written notes. The disclosure form provided by York Region lacks details on what is to be requested. I followed the Ticketcombat template, not entirely, but as a means to ask for the officers notes and dash cam footage specifically. I asked for an adjournment then reviewed what was in the disclosure package, I never opened it in court. Reviewing the footage would allow me to see where the officer was positioned and possibly light signal timing to back up my case.
Last edited by syxoi38 on Mon Nov 14, 2016 10:31 am, edited 1 time in total.
Yeah I realize that, that's on me. The other ticket was for presenting 2 week old expired insurance slip (new one was behind it and I forgot about it). Is the dash cam of any use if it shows otherwise than provided in the notes, or nothing at all if he was behind a vehicle? Officers notes:
jsherk wrote:
Ticketcombat site has not been updated for years. The courts have decided that it is now up to YOU to check if disclosure is ready, and it is not up to the prosecution to have to hunt you down. So if it was ready and you did not check then they will count this first adjourment time delay against you not the prosecution.
As far as fighting the red light ticket, what do the officers notes say? Do they say he saw you go thru a red light? So now it will be officers word against your word that it yellow. Who do you think the JP will believe?
And it sounds like you got two tickets... what was the other ticket?
Yeah I realize that, that's on me. The other ticket was for presenting 2 week old expired insurance slip (new one was behind it and I forgot about it). Is the dash cam of any use if it shows otherwise than provided in the notes, or nothing at all if he was behind a vehicle?
Officers notes:
Traffic stop Dufferin St @ 407 E/B offramp.
-I'm stopped @ light facing E
-Obs lights go grn -> amber -> red. for N/S traf.
After turn red I hear very loud engine rev from sil car in S/B centre lane approx 5 car lengths from lights rapidly accelerate and drive through intersection.
So unless you have video (or another eye witness) that will testify that the light was not red when you went thru it, you will most likely lose at trial. So let's consider some options... Sometimes prosecutors will drop a charge like "fail to have insurance" if you show them the valid one and plead guilty to the other charge. The other thing to consider is that if you can be charged as OWNER of the vehicle instead of DRIVER then the charge does not affect your insurance. So maybe you start by asking if they will drop "no insurance" charge that you would plead guilty to 144(18.1) OWNER charge. It never hurts to ask.
So unless you have video (or another eye witness) that will testify that the light was not red when you went thru it, you will most likely lose at trial.
So let's consider some options... Sometimes prosecutors will drop a charge like "fail to have insurance" if you show them the valid one and plead guilty to the other charge. The other thing to consider is that if you can be charged as OWNER of the vehicle instead of DRIVER then the charge does not affect your insurance. So maybe you start by asking if they will drop "no insurance" charge that you would plead guilty to 144(18.1) OWNER charge. It never hurts to ask.
Previously the prosecutor offered to drop the no insurance charge for a guilty plea. Any conviction hurts the record but what is the least harmful plea offer in a situation like this that can be negotiated? I called the prosecutor's office and they told me that I did not receive dash cam footage because O.P.P. vehicles do not have them? Seems strange but I'm out of luck.
Previously the prosecutor offered to drop the no insurance charge for a guilty plea. Any conviction hurts the record but what is the least harmful plea offer in a situation like this that can be negotiated?
I called the prosecutor's office and they told me that I did not receive dash cam footage because O.P.P. vehicles do not have them? Seems strange but I'm out of luck.
So if you go to trial then they will want to charge you with both and that will be two MINOR charges against your insurance. If you take the plea, then you will only have the one MINOR charge. Tickets like this are very very hard to beat because it is basically your word against the officers. So with no video evidence and no other witnesses you are most likely going to lose. You can certainly hope the officer does not show up, but that is very rare these days. Do you have a chance at a charter argument for lack of disclosure or for time delays? Does not sound like those are options either. So the odds of you winning against either ticket appear to be slim to none. So you can fight it for the experience and take the two guilty convictions, or take the deal and only end up with one guilty conviction. If you agree to take the plea, ask if the prosecutor will change the charge to be against the OWNER not the DRIVER. They or may not agree, but if they do agree then the OWNER charge will not count against insurance.
So if you go to trial then they will want to charge you with both and that will be two MINOR charges against your insurance.
If you take the plea, then you will only have the one MINOR charge.
Tickets like this are very very hard to beat because it is basically your word against the officers. So with no video evidence and no other witnesses you are most likely going to lose. You can certainly hope the officer does not show up, but that is very rare these days. Do you have a chance at a charter argument for lack of disclosure or for time delays? Does not sound like those are options either.
So the odds of you winning against either ticket appear to be slim to none. So you can fight it for the experience and take the two guilty convictions, or take the deal and only end up with one guilty conviction. If you agree to take the plea, ask if the prosecutor will change the charge to be against the OWNER not the DRIVER. They or may not agree, but if they do agree then the OWNER charge will not count against insurance.
Definitely not taking on two guilty convictions. I have a clean record and will most likely have to agree to some plea as there's no video. I was under the impression this was a major offense. Are there any other resolution options? Is fail to yield worse better or worse than being charged as an "owner"?
Definitely not taking on two guilty convictions. I have a clean record and will most likely have to agree to some plea as there's no video.
I was under the impression this was a major offense. Are there any other resolution options? Is fail to yield worse better or worse than being charged as an "owner"?
Well you had better check with your insurance company on the status (Minor, Major, Serious) of each charge. Obviously minor charges are preferred. If you can get a charge changed to OWNER instead of as DRIVER, then it does NOT affect your insurance at all, and there are NO demerit points. Only charges to DRIVER incur demerits and insurance increases.
Well you had better check with your insurance company on the status (Minor, Major, Serious) of each charge. Obviously minor charges are preferred.
If you can get a charge changed to OWNER instead of as DRIVER, then it does NOT affect your insurance at all, and there are NO demerit points. Only charges to DRIVER incur demerits and insurance increases.
It most likely wont. Basic disobeying of traffic signs and signals are minor. Special circumstances involving kids, schools, etc will make it a major. Same goes for speeding, passing, etc. e.g. Not stopping for a stop sign is a minor. Put that stop sign on a school bus and pass improperly and it's a major.
syxoi38 wrote:
I was under the impression this was a major offense.
It most likely wont. Basic disobeying of traffic signs and signals are minor. Special circumstances involving kids, schools, etc will make it a major. Same goes for speeding, passing, etc.
e.g. Not stopping for a stop sign is a minor. Put that stop sign on a school bus and pass improperly and it's a major.
So I had to go to court to bring a motion to adjourn the trial because I cannot attend next week. At my first trial I received a plea deal but due to no disclosure I declined and adjourned. This time the prosecutor brought up the fact a deal was offered the first trial and proceeded to offereme the same deal. It was failure to yield and my insurance ticket would be dropped. I asked if he could change failure to yield to be charged as an owner for the red light as mentioned by jsherk - he told he could, but he won't; flat out refused. He emphasized that by me receiving my disclosure and declining the plea deal again that I cannot receive any deal at my rescheduled trial. Is this true? I figured it was an intimidation tactic to pressure me so he gets the win then and there, but considering the first plea was moot as I had no disclosure, does this count as a "second offer" and no future offers would be made? He noted down everything and emphasized those points before the court. I only came with the intention to bring forward the motion and reschedule my trial, I didn't even know that a resolution could be made during that trial. I know he is a prosector but damn he was really hard on me after I brought up the possibility of being charged as an owner.
So I had to go to court to bring a motion to adjourn the trial because I cannot attend next week. At my first trial I received a plea deal but due to no disclosure I declined and adjourned. This time the prosecutor brought up the fact a deal was offered the first trial and proceeded to offereme the same deal. It was failure to yield and my insurance ticket would be dropped. I asked if he could change failure to yield to be charged as an owner for the red light as mentioned by jsherk - he told he could, but he won't; flat out refused. He emphasized that by me receiving my disclosure and declining the plea deal again that I cannot receive any deal at my rescheduled trial. Is this true? I figured it was an intimidation tactic to pressure me so he gets the win then and there, but considering the first plea was moot as I had no disclosure, does this count as a "second offer" and no future offers would be made? He noted down everything and emphasized those points before the court. I only came with the intention to bring forward the motion and reschedule my trial, I didn't even know that a resolution could be made during that trial. I know he is a prosector but damn he was really hard on me after I brought up the possibility of being charged as an owner.
Last edited by syxoi38 on Fri Nov 18, 2016 5:28 pm, edited 1 time in total.
The prosecutor doesn't have to offer anything at anytime. They do it to sometimes to streamline the court docket. Ie offering someone a reduced fine or dropping one ticket for a plea on another
The prosecutor doesn't have to offer anything at anytime. They do it to sometimes to streamline the court docket. Ie offering someone a reduced fine or dropping one ticket for a plea on another
Plea deals are completely optional and the prosecutor has no obligation to offer them to you at all. They also have no obligation to offer you a deal again that they offered you before. If you get it adjourned a third time, it is still completely up to the prosecutor whether they offer you another deal or not. They can also change the deal they are offering as well, so they could make it better, worse or withdraw it completely. It is a bit of an intimidation tactic in one sense, but they don't have to offer you anything in the first place, so really it is more of a way for them to get a quick guilty plea without taking up much court time.
Plea deals are completely optional and the prosecutor has no obligation to offer them to you at all. They also have no obligation to offer you a deal again that they offered you before. If you get it adjourned a third time, it is still completely up to the prosecutor whether they offer you another deal or not. They can also change the deal they are offering as well, so they could make it better, worse or withdraw it completely.
It is a bit of an intimidation tactic in one sense, but they don't have to offer you anything in the first place, so really it is more of a way for them to get a quick guilty plea without taking up much court time.
So did I screw myself over completely or can I reason with the next prosecutor if I decide to plea guilty?
Decatur wrote:
The prosecutor doesn't have to offer anything at anytime. They do it to sometimes to streamline the court docket. Ie offering someone a reduced fine or dropping one ticket for a plea on another
So did I screw myself over completely or can I reason with the next prosecutor if I decide to plea guilty?
You won't know until that time comes. In our jurisdiction we have a full time prosecutor and one other that assists. They both take good notes for each other and have good memories.
You won't know until that time comes. In our jurisdiction we have a full time prosecutor and one other that assists. They both take good notes for each other and have good memories.
I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a witness. As others have said, they don't have to make you ANY offers any time. But, if they made you an offer in the past, then they may still be up for it if you contact them soon and let them know that they no longer have to proceed with preparing for the trial. If you wait till trial day, unless the officer doesn't show up (which is extremely rare nowadays!), you'll have virtually NO chance for any resolution. In fact, they might decide to ask for a bigger fine since the set fine no longer applies but rather the statutory fines.
I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a witness. As others have said, they don't have to make you ANY offers any time. But, if they made you an offer in the past, then they may still be up for it if you contact them soon and let them know that they no longer have to proceed with preparing for the trial. If you wait till trial day, unless the officer doesn't show up (which is extremely rare nowadays!), you'll have virtually NO chance for any resolution. In fact, they might decide to ask for a bigger fine since the set fine no longer applies but rather the statutory fines.
Funny you say that, never saw this post until now. As an update I had trial this week. Officer never showed up and charges were dropped. Thanks for all the help and advice.
highwaystar wrote:
I think if you want any chance at still getting a deal, you better contact the prosecutor via email (in writing) soon. It is almost certain that they will not offer you a 3rd offer (or even the same one!) if you were warned on the record, and especially if you actually make them go through with preparing for the trial and calling the officer as a witness. As others have said, they don't have to make you ANY offers any time. But, if they made you an offer in the past, then they may still be up for it if you contact them soon and let them know that they no longer have to proceed with preparing for the trial. If you wait till trial day, unless the officer doesn't show up (which is extremely rare nowadays!), you'll have virtually NO chance for any resolution. In fact, they might decide to ask for a bigger fine since the set fine no longer applies but rather the statutory fines.
Funny you say that, never saw this post until now. As an update I had trial this week. Officer never showed up and charges were dropped. Thanks for all the help and advice.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…