My friend has her court date in the morning and is in need of help. At the time of the ticketing, she had her G2 for two months. Here is what happened. We were coming back from Barrie, she was making a right turn on a red light and did a rolling stop. She was not pulled over for at least five minutes after that and had no idea why she was being pulled over. She was under the impression that you only had to yield to oncoming traffic when making a right on the red unless there was a sign saying stop here on red, which at this set of lights there was no such sign. She explained the situation to the officer, but ended up getting the maximum fine of $325 and 3 demerit points. This was her first offence and she has not received any tickets or traffic violations since then. She has already put in the plea of not guilty, which is what the court date resulted from. In the Guide for defendants for provincial offences cases, it stated: Strict liability is one of the lines of defences and it says "you may raise a defence that you reasonably believed in a mistaken set of facts, which, if true, would render the act innocent". What would be her best option in order to get the fine dropped or at least not get the points?
My friend has her court date in the morning and is in need of help. At the time of the ticketing, she had her G2 for two months. Here is what happened.
We were coming back from Barrie, she was making a right turn on a red light and did a rolling stop. She was not pulled over for at least five minutes after that and had no idea why she was being pulled over. She was under the impression that you only had to yield to oncoming traffic when making a right on the red unless there was a sign saying stop here on red, which at this set of lights there was no such sign. She explained the situation to the officer, but ended up getting the maximum fine of $325 and 3 demerit points. This was her first offence and she has not received any tickets or traffic violations since then. She has already put in the plea of not guilty, which is what the court date resulted from.
In the Guide for defendants for provincial offences cases, it stated:
Strict liability is one of the lines of defences and it says "you may raise a defence that you reasonably believed in a mistaken set of facts, which, if true, would render the act innocent".
What would be her best option in order to get the fine dropped or at least not get the points?
At this point, its a little late to file for a disclosure to see what evidence the officer has against her, and base your argument against that. Best thing to do is show up and hope that the officer doesn't show up, otherwise, if he does, just apologize, say it was an honest mistake, you will probably get it reduced to a lower charge.
At this point, its a little late to file for a disclosure to see what evidence the officer has against her, and base your argument against that. Best thing to do is show up and hope that the officer doesn't show up, otherwise, if he does, just apologize, say it was an honest mistake, you will probably get it reduced to a lower charge.
This is probably written down in the officers notes. If you hadn't waited till the absolute last second, you could have requested disclosure and found out for sure. If she's already admitted guilt to the officer (which it sounds like she already has), good luck at a trial. It's over before it even starts. Your friend had a G2 for 2 months. It's hardly something to boast about, but there's still a chance they'll reduce the charge in return for a guilty plea. Going through a red is an absolute liability offense, not a strict liability. You'll talk to the prosecutor before any trial will take place. Just show up and listen to them. They'll likely make you an offer just for showing up, but not if you start throwing out reasons why you think you're not guilty. At that point they'll have no choice but to continue with a trial. They are not going to force a plea on someone who believes they are not guilty.
Will.Moreland wrote:
She explained the situation to the officer, but ended up getting the maximum fine of $325 and 3 demerit points.
This is probably written down in the officers notes. If you hadn't waited till the absolute last second, you could have requested disclosure and found out for sure. If she's already admitted guilt to the officer (which it sounds like she already has), good luck at a trial. It's over before it even starts.
Will.Moreland wrote:
This was her first offence and she has not received any tickets or traffic violations since then. She has already put in the plea of not guilty, which is what the court date resulted from.
Your friend had a G2 for 2 months. It's hardly something to boast about, but there's still a chance they'll reduce the charge in return for a guilty plea.
Will.Moreland wrote:
In the Guide for defendants for provincial offences cases, it stated:
Strict liability is one of the lines of defences and it says "you may raise a defence that you reasonably believed in a mistaken set of facts, which, if true, would render the act innocent".
Going through a red is an absolute liability offense, not a strict liability.
Will.Moreland wrote:
What would be her best option in order to get the fine dropped or at least not get the points?
You'll talk to the prosecutor before any trial will take place. Just show up and listen to them. They'll likely make you an offer just for showing up, but not if you start throwing out reasons why you think you're not guilty. At that point they'll have no choice but to continue with a trial. They are not going to force a plea on someone who believes they are not guilty.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
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…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
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…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…