Hi, I have a court date coming up on the 19th, I got my ticket last year on december 3rd. I was driving on a very dark road I think it might have been raining that day too and I did not see the stop sign at all. The police officer stops me and sees that I'm a new driver and said that he didn't want to ruin my record but said that he has to give me a ticket because it was all caught on his camera but he told me to go to court. So what does this mean? Is he not going to show up and I can just plea not guilty? I took a few pictures of the place recently but they are not that good, except for the fact that they show that there is no white line on the ground anywhere and that the stop sign is a bit off to the side on a pole.
Hi, I have a court date coming up on the 19th, I got my ticket last year on december 3rd. I was driving on a very dark road I think it might have been raining that day too and I did not see the stop sign at all. The police officer stops me and sees that I'm a new driver and said that he didn't want to ruin my record but said that he has to give me a ticket because it was all caught on his camera but he told me to go to court.
So what does this mean? Is he not going to show up and I can just plea not guilty?
I took a few pictures of the place recently but they are not that good, except for the fact that they show that there is no white line on the ground anywhere and that the stop sign is a bit off to the side on a pole.
A couple things to be aware of: 1) you were charged December 3rd, and I'm assuming your court date is coming up after that date plus one year. Take a look through any threads about how to file an 11b charter motion- the argument could be made that your rights were infringed upon due to failure to be granted a trial within a reasonable amount of time (generally 11 months from date of charge). If this is carried out successfully the justice of the peace will have no choice but to have the charge withdrawn. 2) Officers are lawfully required to go to court- and they generally show up, or they risk being documented and 'fined' under the Police Services Act. Expect him to be present, however, certain circumstances may cause him not to be present which is good for you... however I wouldn't count on it. 3) There are certain regulations signage must follow in order for them to be lawful- sections of Ontario Regulations (google it) within the Highway Traffic Act describe the lawful manner in which signage must be displayed. Read these regulations over and compare them to the signage in question. There does not have to be a stop line in place for the stop sign to be lawful. 4) The fact that it was raining, the fact that it was dark out, the fact that you're a new driver, the fact that you honestly didn't see the sign, are all NOT defenses to the charge whatsoever.
A couple things to be aware of:
1) you were charged December 3rd, and I'm assuming your court date is coming up after that date plus one year. Take a look through any threads about how to file an 11b charter motion- the argument could be made that your rights were infringed upon due to failure to be granted a trial within a reasonable amount of time (generally 11 months from date of charge). If this is carried out successfully the justice of the peace will have no choice but to have the charge withdrawn.
2) Officers are lawfully required to go to court- and they generally show up, or they risk being documented and 'fined' under the Police Services Act. Expect him to be present, however, certain circumstances may cause him not to be present which is good for you... however I wouldn't count on it.
3) There are certain regulations signage must follow in order for them to be lawful- sections of Ontario Regulations (google it) within the Highway Traffic Act describe the lawful manner in which signage must be displayed. Read these regulations over and compare them to the signage in question. There does not have to be a stop line in place for the stop sign to be lawful.
4) The fact that it was raining, the fact that it was dark out, the fact that you're a new driver, the fact that you honestly didn't see the sign, are all NOT defenses to the charge whatsoever.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
Thanks for the very descriptive answer! I really appreciate it. Regarding the charter 11B, I don't think I can file it now since there is only a week left before the court date and I read on one of the threads on this website that it should be done at least 15 days prior to the court date. Last time I went to court for a parking ticket the prosecutor discharged the ticket himself because it was about 11 month after the incident, maybe he will do it this time as well? Or are they more strict about tickets with demerit points? Also the police officer clearly gave me a hint that he was going to help me in court, I believe he might have actually even said it straight up, is there something I should be ready for? What might he do that will help me out?
Thanks for the very descriptive answer! I really appreciate it.
Regarding the charter 11B, I don't think I can file it now since there is only a week left before the court date and I read on one of the threads on this website that it should be done at least 15 days prior to the court date.
Last time I went to court for a parking ticket the prosecutor discharged the ticket himself because it was about 11 month after the incident, maybe he will do it this time as well? Or are they more strict about tickets with demerit points?
Also the police officer clearly gave me a hint that he was going to help me in court, I believe he might have actually even said it straight up, is there something I should be ready for? What might he do that will help me out?
Don't overestimate the ability of the officer to "help you out'' in court. Once the ticket is issued, it is technically out of their hands and they lose the ability to affect the outcome. They can make recommendations to the prosecutor, but only the prosecutor can affect the ticket now. So conceivably, the officer may want to help you but the prosecutor won't play ball and then you're stuck with it.
Don't overestimate the ability of the officer to "help you out'' in court. Once the ticket is issued, it is technically out of their hands and they lose the ability to affect the outcome. They can make recommendations to the prosecutor, but only the prosecutor can affect the ticket now. So conceivably, the officer may want to help you but the prosecutor won't play ball and then you're stuck with it.
So I went to court today, was a bit nervous not gonna lie. I ended up winning the case with no points and no fine, I honestly have NO idea how or what the hell happened! I was pretty oblivious when the judge told me that I could leave now. Out of the 15 or so people in the court room only 1 police officer showed up. When I just entered the court room I went up to the prosecutor and I told her my name and she said she'd make me a deal; no points (I got 2 originally) but a $65 fine from the $110 I originally received. Before I went to the court room I had decided that I was going to plead not guilty no matter what because I did not want his on my record. As you may expect I agreed to the offer to plead guilty of a lesser charge. After a few people were called up it was finally my turn to go up to the microphone. As I went up I stated my name and then the prosecutor called out the batch number of the police officer who gave me the ticket. After no one stood up they said that all charges have been dropped and I was free to go, it was pretty shocking as I was ready to pay the $65 fine. Can anyone explain why she called for the officer in my case? For all of the cases previous to mine no officer batch was called out. I was just wondering what happen.... Other people had speeding tickets and one had been charged for driving while using a handheld device. Any ideas?
So I went to court today, was a bit nervous not gonna lie. I ended up winning the case with no points and no fine, I honestly have NO idea how or what the hell happened! I was pretty oblivious when the judge told me that I could leave now.
Out of the 15 or so people in the court room only 1 police officer showed up. When I just entered the court room I went up to the prosecutor and I told her my name and she said she'd make me a deal; no points (I got 2 originally) but a $65 fine from the $110 I originally received. Before I went to the court room I had decided that I was going to plead not guilty no matter what because I did not want his on my record. As you may expect I agreed to the offer to plead guilty of a lesser charge. After a few people were called up it was finally my turn to go up to the microphone. As I went up I stated my name and then the prosecutor called out the batch number of the police officer who gave me the ticket. After no one stood up they said that all charges have been dropped and I was free to go, it was pretty shocking as I was ready to pay the $65 fine. Can anyone explain why she called for the officer in my case? For all of the cases previous to mine no officer batch was called out. I was just wondering what happen.... Other people had speeding tickets and one had been charged for driving while using a handheld device. Any ideas?
The officer did help you out by not showing up (presumably intentionally). The prosecutor has to call out for the officer. And if the officer doesn't show up then your case has to be withdrawn. Nothing surprising. The "people" before you are very likely not defendants (like yourself) themselves. They are likely to be representatives (paralegals) of the defendants. They are usually dealt with first when the court session begins. They were probably handling other issues (adjournment, disclosure, settling a deal, guilty plea on behalf of client, whatever) that don't require their respective officer's presence.
The officer did help you out by not showing up (presumably intentionally).
The prosecutor has to call out for the officer. And if the officer doesn't show up then your case has to be withdrawn. Nothing surprising.
The "people" before you are very likely not defendants (like yourself) themselves. They are likely to be representatives (paralegals) of the defendants. They are usually dealt with first when the court session begins. They were probably handling other issues (adjournment, disclosure, settling a deal, guilty plea on behalf of client, whatever) that don't require their respective officer's presence.
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…