I was caught in a speed trap and was given two tickets- one is "failure to surrender driver's licence $110" because I forgot my wallet at my work office and the other one is "going 50km/h on 40km/h zone $40". It was one of those speed traps where two police officers were on duty together and they were using speed guns mounted on top of a tripod on the road. The officer claimed that I was going 54km/h but he said he would give me a "break". It was one of those roads where it dips a bit downhill and then goes uphill again (also a bridge overhead). The car that I was driving doesn't accelerate very well unless I really push down the gas pedal, so I guess I wasn't exactly driving on par 40km/h and was speeding a bit when I was going uphill, but I don't think I was driving excessively fast as what the police claimed to be (54km/h). As soon as I drove uphill and the road was parallel, that's when I saw the speed trap and the officer stopped me. It was a two lane road and I recall a car driving ahead of me and I think there was another car behind me as well. Could it be possible that the officer might've clocked the wrong car? I am planning to go with option 3 and apply for trial.. Is there any defense I can use against this speeding charge? As for the ticket "failure to surrender driver's licence", if I choose "early resolution- meeting with prosecutor" option and show the prosecutor my driver's licence, will the charge be dropped or would I just be offered a plea bargain to a lesser charge? What would be my best solution for this? If I file both of my tickets for trial option at the same time, will I receive the same court date for both tickets? If this happens, wouldn't the prosecutor try to persuade me into a plea bargain to drop one charge in exchange for pleading guilty to the second charge? Please, your help is much appreciated!!
I was caught in a speed trap and was given two tickets- one is "failure to surrender driver's licence $110" because I forgot my wallet at my work office and the other one is "going 50km/h on 40km/h zone $40". It was one of those speed traps where two police officers were on duty together and they were using speed guns mounted on top of a tripod on the road. The officer claimed that I was going 54km/h but he said he would give me a "break".
It was one of those roads where it dips a bit downhill and then goes uphill again (also a bridge overhead). The car that I was driving doesn't accelerate very well unless I really push down the gas pedal, so I guess I wasn't exactly driving on par 40km/h and was speeding a bit when I was going uphill, but I don't think I was driving excessively fast as what the police claimed to be (54km/h). As soon as I drove uphill and the road was parallel, that's when I saw the speed trap and the officer stopped me. It was a two lane road and I recall a car driving ahead of me and I think there was another car behind me as well. Could it be possible that the officer might've clocked the wrong car? I am planning to go with option 3 and apply for trial.. Is there any defense I can use against this speeding charge?
As for the ticket "failure to surrender driver's licence", if I choose "early resolution- meeting with prosecutor" option and show the prosecutor my driver's licence, will the charge be dropped or would I just be offered a plea bargain to a lesser charge? What would be my best solution for this?
If I file both of my tickets for trial option at the same time, will I receive the same court date for both tickets? If this happens, wouldn't the prosecutor try to persuade me into a plea bargain to drop one charge in exchange for pleading guilty to the second charge?
Both charges would be dealt with at the same time/trial since both offences happened at the same time. Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty accurate, but maybe you could raise reasonable doubt showing other cars were in the area (though it doesn't sound like you have a very good recollection either). You can request disclosure and see what the actual evidence against you is, and maybe we can offer some more advice. Otherwise read through the forums and get an idea of what common defence strategies are for speeding. Just be aware, speeding tickets are raised back up to the full amount at trial, so it would be 14 over instead of 10, not that it makes much of a difference. Personally, if the disclosure looks good and the Crown offers a deal to drop one charge, I'd consider taking it. Pretty hard to fight not having your licence with you.
Both charges would be dealt with at the same time/trial since both offences happened at the same time.
Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty accurate, but maybe you could raise reasonable doubt showing other cars were in the area (though it doesn't sound like you have a very good recollection either). You can request disclosure and see what the actual evidence against you is, and maybe we can offer some more advice. Otherwise read through the forums and get an idea of what common defence strategies are for speeding.
Just be aware, speeding tickets are raised back up to the full amount at trial, so it would be 14 over instead of 10, not that it makes much of a difference.
Personally, if the disclosure looks good and the Crown offers a deal to drop one charge, I'd consider taking it. Pretty hard to fight not having your licence with you.
I am thinking of filing the speeding ticket for trial and bet my luck.. As for the "failure to surrender driver's licence" ticket, I'm thinking of trying option 2 on the back of the ticket- "early resolution meeting with prosecutor". If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped? Or will I just be offered a reduced charge or worse, none at all? Thanks.
I am thinking of filing the speeding ticket for trial and bet my luck..
As for the "failure to surrender driver's licence" ticket, I'm thinking of trying option 2 on the back of the ticket- "early resolution meeting with prosecutor". If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped? Or will I just be offered a reduced charge or worse, none at all? Thanks.
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges. The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
dakchu wrote:
If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.
The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
Under pressure from time constraints and people convincing me, I filed for trial option #3 for both tickets today.. But I changed my mind and I want to go with the 'early resolution- meeting with prosecutor option #2' for the "failure to surrender licence" ticket.. Can I go back to the court where I filed my tickets and ask the clerk that I want to change my option or is it too late? :(
Under pressure from time constraints and people convincing me, I filed for trial option #3 for both tickets today..
But I changed my mind and I want to go with the 'early resolution- meeting with prosecutor option #2' for the "failure to surrender licence" ticket..
Can I go back to the court where I filed my tickets and ask the clerk that I want to change my option or is it too late?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges. The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both. Oh, so even though I file one ticket for 'trial' option and the other one for 'meeting with prosecutor' option, the prosecutor will find out that I filed one of my two tickets for trial? Is it because the prosecutor will handle both my tickets (because they occured on same day by the same police officer)?
Stanton wrote:
dakchu wrote:
If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.
The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.
Oh, so even though I file one ticket for 'trial' option and the other one for 'meeting with prosecutor' option, the prosecutor will find out that I filed one of my two tickets for trial?
Is it because the prosecutor will handle both my tickets (because they occured on same day by the same police officer)?
Thank you again for your reply.. I called the court and asked the clerk if I can withdraw one of the tickets I filed for trial option (failure to surrender licence) and change it to option #2 instead (meeting with prosecutor). The clerk told me if I received two tickets at the same time, I cannot file the two tickets with different options- I either have to choose trial option or meeting with prosecutor option for BOTH two tickets and cannot separate them. :shock: Is this true?? It doesn't really make any sense to me.. What I do with the tickets is entirely my choice, is it not? Where does it state that I must bound the tickets together into only one option if I receive them at the same time?? Sounds kind of fishy to me.. :? Any insight to this matter please..? :?:
Thank you again for your reply..
I called the court and asked the clerk if I can withdraw one of the tickets I filed for trial option (failure to surrender licence) and change it to option #2 instead (meeting with prosecutor). The clerk told me if I received two tickets at the same time, I cannot file the two tickets with different options- I either have to choose trial option or meeting with prosecutor option for BOTH two tickets and cannot separate them.
Is this true?? It doesn't really make any sense to me.. What I do with the tickets is entirely my choice, is it not? Where does it state that I must bound the tickets together into only one option if I receive them at the same time?? Sounds kind of fishy to me..
Did you read my responses? Ive repeatedly stated that both tickets must be dealt with in the same manner. You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time/expense of a trial.
Did you read my responses? Ive repeatedly stated that both tickets must be dealt with in the same manner.
You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time/expense of a trial.
Hi dakchu, Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!
Hi dakchu,
Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!
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 know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
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…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
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,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
Speeding and failure to surrender driver's licence.. HELP!!!
Re: Speeding and failure to surrender driver's licence.. HEL
