Hello all and GREAT forum! I was just convicted by default for a failure to stop - red light infraction. I am planning to appeal the conviction, since set fine on ticket is $85 where it should have been $260, and therefore is irregular on it's face (cite London vs Young). My question is, am I still obligated to pay the fine, and if so, will it be refunded if I win? Lastly, what are the odds of insurance finding out about this offence and hike up my rates because of it?
Hello all and GREAT forum!
I was just convicted by default for a failure to stop - red light infraction. I am planning to appeal the conviction, since set fine on ticket is $85 where it should have been $260, and therefore is irregular on it's face (cite London vs Young). My question is, am I still obligated to pay the fine, and if so, will it be refunded if I win?
Lastly, what are the odds of insurance finding out about this offence and hike up my rates because of it?
I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full refund, although it can take up to 120 days for them to send out the refund cheque. The ticket will not appear on your driving record until after your appeal has been heard and if you win your appeal it will never show up on your driving record and thus your insurance company will never hear about it. If you lose it will show up on your record and your insurance company will probably find out about it. As for whether they would hike your rates it depends on the policies of your insurance company, some will forgive the first minor infraction within a three year period some won't.
I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full refund, although it can take up to 120 days for them to send out the refund cheque. The ticket will not appear on your driving record until after your appeal has been heard and if you win your appeal it will never show up on your driving record and thus your insurance company will never hear about it. If you lose it will show up on your record and your insurance company will probably find out about it. As for whether they would hike your rates it depends on the policies of your insurance company, some will forgive the first minor infraction within a three year period some won't.
Daggx, Thanks for the reply! I hope you'll be able to give me some guidance in my situation, it will be greatly appreciated! Wondering, how long after your application for appeal to you have your court date? Thanks again
Daggx,
Thanks for the reply! I hope you'll be able to give me some guidance in my situation, it will be greatly appreciated!
Wondering, how long after your application for appeal to you have your court date?
I'm not entirely sure about the appealed conviction showing up on an abstract. When I access MTO records via the police database I see a conviction with an asterisk noting that the conviction is under appeal. I'm not sure what database the insurance company would access.
daggx wrote:
I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full refund, although it can take up to 120 days for them to send out the refund cheque. The ticket will not appear on your driving record until after your appeal has been heard and if you win your appeal it will never show up on your driving record and thus your insurance company will never hear about it. If you lose it will show up on your record and your insurance company will probably find out about it. As for whether they would hike your rates it depends on the policies of your insurance company, some will forgive the first minor infraction within a three year period some won't.
I'm not entirely sure about the appealed conviction showing up on an abstract. When I access MTO records via the police database I see a conviction with an asterisk noting that the conviction is under appeal. I'm not sure what database the insurance company would access.
No problem, I'm happy to help any way I can. I filed my appeal on the 10th of August and my court date was the 9th of January, so I waited nearly 5 months for my appeal to be heard. That was at the Old City Hall court house in Toronto, the length of time you will wait will depend on what the back log is like at the court house where your case is scheduled.
hatetickets wrote:
Daggx,
Thanks for the reply! I hope you'll be able to give me some guidance in my situation, it will be greatly appreciated!
Wondering, how long after your application for appeal to you have your court date?
Thanks again
No problem, I'm happy to help any way I can. I filed my appeal on the 10th of August and my court date was the 9th of January, so I waited nearly 5 months for my appeal to be heard. That was at the Old City Hall court house in Toronto, the length of time you will wait will depend on what the back log is like at the court house where your case is scheduled.
I'm not entirely sure about the appealed conviction showing up on an abstract. When I access MTO records via the police database I see a conviction with an asterisk noting that the conviction is under appeal. I'm not sure what database the insurance company would access. I think the insurance companies only have access to the three year Statement of Driving Record that is public record and available to anyone who can pay the fee. The police database I believe shows everything that has happened on a persons licence going all the way back to the beginning when they first got their licence, so it may show things in greater detail then what is on the three year Statement of Driving Record. Although it is also possible that when I was told that it doesn't show on your record the person may have simply meant that the insurance company can't raise your rates based on something that is still before the courts even if there is a notation in the file.
Brian Smith wrote:
daggx wrote:
I went through the same thing last year with a fail to stop read light ticket that had an incorrect set fine on it, so I have a bit of experience with the situation you are in. When you file your appeal you will have to pay the total payable that is listed on your ticket even though it is incorrect. If you win your appeal you will receive a full refund, although it can take up to 120 days for them to send out the refund cheque. The ticket will not appear on your driving record until after your appeal has been heard and if you win your appeal it will never show up on your driving record and thus your insurance company will never hear about it. If you lose it will show up on your record and your insurance company will probably find out about it. As for whether they would hike your rates it depends on the policies of your insurance company, some will forgive the first minor infraction within a three year period some won't.
I'm not entirely sure about the appealed conviction showing up on an abstract. When I access MTO records via the police database I see a conviction with an asterisk noting that the conviction is under appeal. I'm not sure what database the insurance company would access.
I think the insurance companies only have access to the three year Statement of Driving Record that is public record and available to anyone who can pay the fee. The police database I believe shows everything that has happened on a persons licence going all the way back to the beginning when they first got their licence, so it may show things in greater detail then what is on the three year Statement of Driving Record. Although it is also possible that when I was told that it doesn't show on your record the person may have simply meant that the insurance company can't raise your rates based on something that is still before the courts even if there is a notation in the file.
Thanks daggx. Went this morning first to Caledon to pay fine, then asked for appeal form which I filled out and submitted at the Orangeville Courthouse. Not too much involved just a bit of running from this area to the next, to the next. The clerk called me this afternoon to tell me the court date will be mailed out to me. Is there a chance the prosecutor will try to convince me to settle on something prior to the court date, or on the actual court date? If so, tell him/her no thanks? Lastly , what happens on the acutal court date. I've never been to court before so I know absolutley nothing on what to expect or what to say. Thanks for your assistance...beer's on me WHEN I win!
Thanks daggx.
Went this morning first to Caledon to pay fine, then asked for appeal form which I filled out and submitted at the Orangeville Courthouse. Not too much involved just a bit of running from this area to the next, to the next.
The clerk called me this afternoon to tell me the court date will be mailed out to me.
Is there a chance the prosecutor will try to convince me to settle on something prior to the court date, or on the actual court date? If so, tell him/her no thanks?
Lastly , what happens on the acutal court date. I've never been to court before so I know absolutley nothing on what to expect or what to say.
Thanks for your assistance...beer's on me WHEN I win!
The prosecutor might offer a deal, but if you have a solid London v. Young case I would decline it as you are in a position to win your case outright. At court they will open the doors probably about 15 mins before they start hearing cases, the prosecutor handling your case may approach you just to make sure you are there. When the judge enters everyone will be asked to rise, once the judge has taken his/her seat the clerk will call the name of the person involved in the first case of the day. When your name is called you will be asked to approach the podium and state your name for the record, then you will be asked to make your case. Make sure when you address the judge that you always refer to him/her as your honour as that is their proper title. At this point what will happen depends on the judge you've got. At my trial I lucked out and got a very experienced judge who was familiar with London v. Young. All he did was flip through my paperwork and ask a couple of questions of me and the prosecutor before quashing my ticket. The prosecutor in my case didn't put up a real fight, I think she realized that there really wasn't anything she could do. However don't assume it will be that easy, come prepared to educate the judge on the London v. Young case (and any other case law you want to use) and be prepared to make arguments supporting your position in case the prosecutor puts up a fight. Bring three copies of all the case law you are going to use, one for the judge, one for the prosecutor and one for you, you will be expected to have those ready to hand out if you are going to quote from them. I would go though the case law and on your copy put sticky notes next to any paragraphs you might want to quote directly from, that will make them easier to find when you are up there. I would also have good notes outlining the key arguments you want to make. I don't know if you have seen them already, but I've posted links to a couple of threads where other people outline their experiences in court, hopefully they are useful. http://www.ontariohighwaytrafficact.com/topic2521.html http://www.ontariohighwaytrafficact.com/topic1730.html
The prosecutor might offer a deal, but if you have a solid London v. Young case I would decline it as you are in a position to win your case outright.
At court they will open the doors probably about 15 mins before they start hearing cases, the prosecutor handling your case may approach you just to make sure you are there. When the judge enters everyone will be asked to rise, once the judge has taken his/her seat the clerk will call the name of the person involved in the first case of the day. When your name is called you will be asked to approach the podium and state your name for the record, then you will be asked to make your case. Make sure when you address the judge that you always refer to him/her as your honour as that is their proper title. At this point what will happen depends on the judge you've got. At my trial I lucked out and got a very experienced judge who was familiar with London v. Young. All he did was flip through my paperwork and ask a couple of questions of me and the prosecutor before quashing my ticket. The prosecutor in my case didn't put up a real fight, I think she realized that there really wasn't anything she could do. However don't assume it will be that easy, come prepared to educate the judge on the London v. Young case (and any other case law you want to use) and be prepared to make arguments supporting your position in case the prosecutor puts up a fight. Bring three copies of all the case law you are going to use, one for the judge, one for the prosecutor and one for you, you will be expected to have those ready to hand out if you are going to quote from them. I would go though the case law and on your copy put sticky notes next to any paragraphs you might want to quote directly from, that will make them easier to find when you are up there. I would also have good notes outlining the key arguments you want to make. I don't know if you have seen them already, but I've posted links to a couple of threads where other people outline their experiences in court, hopefully they are useful.
CanLII (Canadian Legal Information Institute) is a great free resource with lots of case law. Link: http://www.canlii.org/en/ And here's a link to London (City) v. Young: http://www.canlii.org/en/on/onca/doc/20 ... ca429.html
CanLII (Canadian Legal Information Institute) is a great free resource with lots of case law.
Ok, I hate asking so many questions but, Is there a chance that they might try to 'ammend' the set fine in court? Is it not possible since this is an appeal?
Ok, I hate asking so many questions but,
Is there a chance that they might try to 'ammend' the set fine in court? Is it not possible since this is an appeal?
At this stage in the process it is too late for them to amend the set fine. If they had caught the mistake before it had gone to the default docket they could have withdrawn the ticket and issued you a summons or if you had requested a regular trial they could have asked the Justice of the Peace to amend the set fine. However once the ticket went before a Justice of the Peace for a default hearing the mistake was set in stone. At that point the law only gave the Justice of the Peace two choices 1) find that the ticket was correct and regular on its face and impose the set fine or 2) find the ticket was not correct and regular on its face and quash the proceedings. All the judge at the appeal hearing can do is review the actions of the lower court to see if they made a mistake in law, which you are going to argue they did because the lower court should have noticed that your ticket was not correct and regular on its face and quashed the proceedings against you. Feel free to keep asking questions, I'm always glad to answer them if I can.
hatetickets wrote:
Ok, I hate asking so many questions but,
Is there a chance that they might try to 'ammend' the set fine in court? Is it not possible since this is an appeal?
At this stage in the process it is too late for them to amend the set fine. If they had caught the mistake before it had gone to the default docket they could have withdrawn the ticket and issued you a summons or if you had requested a regular trial they could have asked the Justice of the Peace to amend the set fine. However once the ticket went before a Justice of the Peace for a default hearing the mistake was set in stone. At that point the law only gave the Justice of the Peace two choices 1) find that the ticket was correct and regular on its face and impose the set fine or 2) find the ticket was not correct and regular on its face and quash the proceedings. All the judge at the appeal hearing can do is review the actions of the lower court to see if they made a mistake in law, which you are going to argue they did because the lower court should have noticed that your ticket was not correct and regular on its face and quashed the proceedings against you. Feel free to keep asking questions, I'm always glad to answer them if I can.
Well, I still have not received my court date for my appeal in the mail. Does anyone know how long it usually takes? The courthouse admin called me the same day I filed and said that the appeal application was fine and will receive a date in the mail. It's been over 3 weeks now and still no date!
Well,
I still have not received my court date for my appeal in the mail. Does anyone know how long it usually takes? The courthouse admin called me the same day I filed and said that the appeal application was fine and will receive a date in the mail. It's been over 3 weeks now and still no date!
Hello everyone. Well i've received my appeal date for April 4. I am in need of some help on presenting my case. I will be citing City of London vs. Young as my case law but do not know how to present it to the court. My case will be heard at 14:00 so I am planning on being there early to see how the other cases go. Any help will be appreciated!
Hello everyone.
Well i've received my appeal date for April 4. I am in need of some help on presenting my case. I will be citing City of London vs. Young as my case law but do not know how to present it to the court. My case will be heard at 14:00 so I am planning on being there early to see how the other cases go.
Thanks for the reply. I was planning on going to the court house early (my time is 2pm) but worried that there will be no prior cases similar to mine as it is an appeal.
Thanks for the reply.
I was planning on going to the court house early (my time is 2pm) but worried that there will be no prior cases similar to mine as it is an appeal.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
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…