Hey, I've chosen to fight the ticket that I was given. I was given a ticket for running a red light. The only thing is, I entered while it was yellow. Here is the situation. I was making a left hand turn onto a road. I was going at about 50 Km/hour. As I was approaching the green light it turned to amber, in my opinion, with the rate of speed I was going, I could not have stopped safely. I entered the intersection on a Amber. I was I would say 15 feet from the stop line when it turned Amber. I was able to see the light turn red JUST as I was going under it. To give some history to this, I was at a grocery store, and it was closing time, so there were no cars in the parking lot. I drove across the parking lot, and turned right onto the road. Later I found that that was when the police officer first saw me. It was obvious that he didn't like this so I feel he had it out for me and this gave him an excuse to pull me over. Here are my notes from that night: January 30th 2010 My wife and I left Food Basics at approximately 8:15pm. The parking lot was completely empty. We cut across the parking lot to the exit. I signalled that I was turning right, slowed down to look down the walkway, and then proceeded onto the roadway where I made and immediate left. I continued down the road and turned right again onto Metcalfe St. I then was faced with a green light and continued through the intersection. One block later I came to another light. This one turned amber a little bit before I came to the stop line. I proceeded to clear the intersection as I could not have stopped safely without skidding. I then was pulled over by Officer X. He asked me 'Was that closed' I wasn't sure what he was talking about, whether it be was the amber light close, or if my trunk was closed? Because we had just put groceries in the trunk and wondered if the trunk had closed. I asked him what he meant and he said 'You're trunk is open, do you want it closed.' I said yes. The other officer attempted to close the trunk after looking in the back with his flashlight. The other officer proceeded to look in the back seat with his flashlight. Officer X asked me why I ran that light. I answered 'just stupidity' Officer X chuckled a bit and said 'well at least you're honest.' Then he asked if I had anything to drink tonight. I said no nothing at all. He asked if I had any alcohol in the car, I said no sir. Then he asked me for my license registration and proof of insurance. I gave it to him and he looked at my registration, insurance and handed it back to me. He left and went back to the car at 8:28pm with my license. At 8:33pm he returned with a ticket in his hand. He asked again "Why were you in such a hurry, where do you need to be?" I said I didn't have anywhere to be. And then he said that he saw me going across the parking lot in Food Basics and that I must have went down Colborne, because he was sitting at the first light and said 'there's that car' and pulled in behind me. He just handed me the ticket, he didn't explain anything to me at all or what I was being ticketed for. He handed me my license and the ticket and said drive safely, and I said 'Thanks'. I then turned to my wife and said, 'Did I just say thank you for a ticket? I drove off, and after getting off the main road I pulled over to look at the ticket. I saw that it was for running a red light. I believe that Officer X should have at least explained to me what the ticket was for, and the three options. My question is, what can I use to fight my case. I mean, I know that I entered in on an amber light, but how do I PROVE it? What is the procedure that the trial will go? How do I cross examine a police officer? **note** officer name is not appropriate for forum and has been edited out with an "X" by forum moderator HB
Topic
144(8) I got a ticket for running a red... on an amber?
Hey sorry to stray away from your 'white' defense. I have just read another person's forum where they mention that they have recieved a fine of $325... 260 for the fine, 60 for the victims surcharge, and 5 for the court costs. I asked if this was an error on his ticket and Radar Identified mentioned that IS correct. That is the set fine for all of Ontario. Here is the link to the set fines. http://www.ontariocourts.on.ca/ocj/en/s ... /index.htm On my ticket it is written a 250 fine, with a 50 victims surcharge, and says total payable is 300.00. THIS IS AN ERROR Here is a previous court case where the same thing has happened and they have determined that it is a fatal error and must be quashed. http://www.ontariocourts.on.ca/decision ... CA0429.htm I quote... "(b) where the certificate of offence is not complete and regular on its face, the justice shall quash the proceeding." Is this my 100% win? Please advise me on where I should go from here?! Oh I'm excited now!
Hey sorry to stray away from your 'white' defense. I have just read another person's forum where they mention that they have recieved a fine of $325... 260 for the fine, 60 for the victims surcharge, and 5 for the court costs. I asked if this was an error on his ticket and Radar Identified mentioned that IS correct. That is the set fine for all of Ontario. Here is the link to the set fines.
It is, indeed, a fatal error! There are a couple of ways to proceed here. One is to simply not show up for trial. The JP must then examine the ticket, as you have "defaulted," so to speak. If there are any fatal errors, he's supposed to quash it without you present. If he doesn't quash it, you can then appeal. (Could be a bit complicated but others have done it.) If you show up for trial, they can amend the ticket and correct the fine. There may be other options to simplify the process. You should, however, be able to win this, even if it does require a bit of wrangling. There's lots of case law supporting this. The Ontario Court of Appeal was quite clear in the London v. Young ruling (applies here), which has been discussed quite a bit on this forum.
It is, indeed, a fatal error! There are a couple of ways to proceed here. One is to simply not show up for trial. The JP must then examine the ticket, as you have "defaulted," so to speak. If there are any fatal errors, he's supposed to quash it without you present. If he doesn't quash it, you can then appeal. (Could be a bit complicated but others have done it.)
If you show up for trial, they can amend the ticket and correct the fine.
There may be other options to simplify the process. You should, however, be able to win this, even if it does require a bit of wrangling. There's lots of case law supporting this. The Ontario Court of Appeal was quite clear in the London v. Young ruling (applies here), which has been discussed quite a bit on this forum.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
I would also like to point out the obvious: This thread has endurance... So far we've covered: - R. v. W(D) - London v. Young - R. v. Sandhu - R. v. Nikolovski - R. v. Tran - R. v. McGibbon :shock: :shock: Just following up on something I hadn't yet responded to: I'm sure they are. Some are more helpful than others, from what I've seen, too.
I would also like to point out the obvious: This thread has endurance... So far we've covered:
- R. v. W(D)
- London v. Young
- R. v. Sandhu
- R. v. Nikolovski
- R. v. Tran
- R. v. McGibbon
Just following up on something I hadn't yet responded to:
Biron wrote:
I must also say the many JPs, if not most of them, are educated and very well versed in law.
I'm sure they are. Some are more helpful than others, from what I've seen, too.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
"I would also like to point out the obvious: This thread has endurance... So far we've covered: " Yes we have covered alot and I am VERY thankful to everyone that has passed along their knowledge and experience. I'm very appreciative. You guys rock!
"I would also like to point out the obvious: This thread has endurance... So far we've covered: "
Yes we have covered alot and I am VERY thankful to everyone that has passed along their knowledge and experience. I'm very appreciative. You guys rock!
All right everyone! First of all I'd like to thank everyone who helped me out with any questions that I had regarding this case. I'd like to send a special thank you out to Biron and Radar Identified, you guys were an EXTREME help! Thank you! I spent ALOT of time preparing for this court date, and through research found that the fine was incorrect. For those of you that don't know why this is important, basically you have 1 option at this point, if you want it to be quashed. That is to NOT show up for court, the JP will them examine the ticket and see if it is 'regular on face'. Meaning everything is correct. If the fine is incorrect, and the JP notices, according to case law, they must quash the ticket. If you were to show up, they can just ammend it as it isn't a pertinant part of the case, but without you present they cannot. If you don't show up, and they don't notice the error and convict you, you can appeal it. SO! That is what happened in my case on the 19th! I didn't show up for court. I called today to find out about my court date. They asked for my Driver's License and said 'you failed to appear?' I said 'absolutely' and he said 'the case was quashed, cancelled' I said 'because of the wrong set fine?' he said 'I don't know they didn't say all I know is it was quashed.' AWESOME! Case closed, DONE!
All right everyone!
First of all I'd like to thank everyone who helped me out with any questions that I had regarding this case. I'd like to send a special thank you out to Biron and Radar Identified, you guys were an EXTREME help! Thank you!
I spent ALOT of time preparing for this court date, and through research found that the fine was incorrect. For those of you that don't know why this is important, basically you have 1 option at this point, if you want it to be quashed. That is to NOT show up for court, the JP will them examine the ticket and see if it is 'regular on face'. Meaning everything is correct. If the fine is incorrect, and the JP notices, according to case law, they must quash the ticket. If you were to show up, they can just ammend it as it isn't a pertinant part of the case, but without you present they cannot. If you don't show up, and they don't notice the error and convict you, you can appeal it.
SO! That is what happened in my case on the 19th! I didn't show up for court. I called today to find out about my court date. They asked for my Driver's License and said 'you failed to appear?' I said 'absolutely' and he said 'the case was quashed, cancelled' I said 'because of the wrong set fine?' he said 'I don't know they didn't say all I know is it was quashed.' AWESOME! Case closed, DONE!
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…
