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 searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
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…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…