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!
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
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…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
Speeding and failure to surrender driver's licence.. HELP!!!
Re: Speeding and failure to surrender driver's licence.. HEL
