Hi All, Hoping for some guidance or recommendations. I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my window and give me my phone. I immediately complied and I told him as you can see I am only using it for gps he fiddled with it for a couple seconds and asked me to pull over. He asked for my license and registrations and came back 2 minutes later with a ticket. I understand I am guilty but is there any advice to handle this correctly. I spoke to an xcopper guy and he said I have to fight it because I don't want a 3 day suspension on my record but it's a really uphill battle. He said the worst case scenario I can represent myself and delay paying it for a while often times there are errors or cops don't show up. Any advice? Any opinions?
Hi All,
Hoping for some guidance or recommendations.
I was driving past the ACC today in heavy traffic trying to eventually make the turn to go right to start my trek onto the gardiner. I had my Phone in my lap I was using it for GPS when I hear a knock on my hood. A police officer was just walking through the gridlock traffic to see who was on their phone. He immediately asked me to roll down my window and give me my phone. I immediately complied and I told him as you can see I am only using it for gps he fiddled with it for a couple seconds and asked me to pull over.
He asked for my license and registrations and came back 2 minutes later with a ticket.
I understand I am guilty but is there any advice to handle this correctly. I spoke to an xcopper guy and he said I have to fight it because I don't want a 3 day suspension on my record but it's a really uphill battle. He said the worst case scenario I can represent myself and delay paying it for a while often times there are errors or cops don't show up. Any advice?
The fact they told you to represent yourself says a lot. They aren't wrong either. From their prospective, it's a losing situation for them. At the very least, they can't even get you a reduced charge. It's either you're convicted of the handheld charge or not. Their bread and butter is speeding tickets. You get charged with 40km over, they walk in and get it reduced to 29km in a couple minutes. It's easy money for them and your average citizen is happy with that outcome. That's not a possibility in your situation. They are right. It's an uphill battle. Your phone has to be mounted and you can't be handling it. That's about it. There isn't anything more they have to prove beyond that. However, you can still go through the process. You'll need to start by requesting a court date. From there, you'll get a Notice of Trial in the mail after approximately 6-8 weeks. Essentially it's just a piece of paper with the time and date of your trial. From there, you can make a disclosure request. This will give you a copy of the notes the officer made regarding your stop along with any other evidence. The City of Toronto provides you with a generic form here. The instructions on how to submit it are also in the link.
The fact they told you to represent yourself says a lot. They aren't wrong either.
From their prospective, it's a losing situation for them. At the very least, they can't even get you a reduced charge. It's either you're convicted of the handheld charge or not. Their bread and butter is speeding tickets. You get charged with 40km over, they walk in and get it reduced to 29km in a couple minutes. It's easy money for them and your average citizen is happy with that outcome. That's not a possibility in your situation.
They are right. It's an uphill battle. Your phone has to be mounted and you can't be handling it. That's about it. There isn't anything more they have to prove beyond that.
However, you can still go through the process. You'll need to start by requesting a court date. From there, you'll get a Notice of Trial in the mail after approximately 6-8 weeks. Essentially it's just a piece of paper with the time and date of your trial. From there, you can make a disclosure request. This will give you a copy of the notes the officer made regarding your stop along with any other evidence. The City of Toronto provides you with a generic form here. The instructions on how to submit it are also in the link.
I heard that if you go down that path and are found guilty you can be charged 1000 instead of the 615. Is that true? Can I request a court date, get the information from the police officer and decide on how I would like to proceed after I get to review the officers notes? Would that take away the risk of having the penalty increased?
I heard that if you go down that path and are found guilty you can be charged 1000 instead of the 615. Is that true? Can I request a court date, get the information from the police officer and decide on how I would like to proceed after I get to review the officers notes? Would that take away the risk of having the penalty increased?
You can still receive the set fine of $615 if you go through the disclosure process and decide to plead guilty in court or at any time before that. It's only if you plead not guilty, have a trial and are subsequently convicted that the set fine is no longer available.
You can still receive the set fine of $615 if you go through the disclosure process and decide to plead guilty in court or at any time before that. It's only if you plead not guilty, have a trial and are subsequently convicted that the set fine is no longer available.
I would like to see the police disclosure before paying the ticket. If I go by the trial option or choose the early resolution option and try to get the disclosure to see if there are any flaws in what the officer wrote am I at risk in having my fine increased? If it looks clean I will end up paying it or pleading guilty but I really want to be able to look at the disclosure. Any advice?
I would like to see the police disclosure before paying the ticket. If I go by the trial option or choose the early resolution option and try to get the disclosure to see if there are any flaws in what the officer wrote am I at risk in having my fine increased?
If it looks clean I will end up paying it or pleading guilty but I really want to be able to look at the disclosure.
I've merged your posts since you already have a topic open. Your question has already been answered. If you want to book a court date, request disclosure, plead guilty and pay the set fine, you're certainly free to do so.
I've merged your posts since you already have a topic open.
Your question has already been answered.
If you want to book a court date, request disclosure, plead guilty and pay the set fine, you're certainly free to do so.
Already a year and court date coming up in a month. I requested the disclosure a couple of months ago which they provided but they have not provided the DVD. They said I would have it, I have followed up twice and said it is not available yet. I really wanted to have a paralegal look at all of this before proceeding Will a lack of the DVD get me an adjournment of trial? I only have the written notes.
Already a year and court date coming up in a month. I requested the disclosure a couple of months ago which they provided but they have not provided the DVD. They said I would have it, I have followed up twice and said it is not available yet. I really wanted to have a paralegal look at all of this before proceeding
Will a lack of the DVD get me an adjournment of trial? I only have the written notes.
You're entitled to all available evidence that is relevant and related to your charge. If the prosecutor's office suggested DVD with data, video or audio evidence is available, than that should be provided to you prior to trial. If you don't have all of the crown's evidence, then an adjournment is required so that more time is given to the prosecutor's office to make it available to you. However, keep in mind it's your responsibility to follow up with the prosecutor's office. I don't believe anyone would advise you not to seek the advice of a paralegal. The reality of the situation is that if any part of the disclosure suggests a phone was found on your lap, there's nothing anyone can do to help you. The crown has secured a guilty-conviction with just that sentence alone + information identifying you as the driver and being on a public highway. As stated earlier, your phone needs to be securely mounted to your vehicle at all times. Being found on your lap, on the floor, in a cup-holder would not be interpreted as secure. Regulation 366-09 Display Screens & Hand-held Devices: https://www.ontario.ca/laws/regulation/090366
You're entitled to all available evidence that is relevant and related to your charge. If the prosecutor's office suggested DVD with data, video or audio evidence is available, than that should be provided to you prior to trial.
If you don't have all of the crown's evidence, then an adjournment is required so that more time is given to the prosecutor's office to make it available to you. However, keep in mind it's your responsibility to follow up with the prosecutor's office.
I don't believe anyone would advise you not to seek the advice of a paralegal.
The reality of the situation is that if any part of the disclosure suggests a phone was found on your lap, there's nothing anyone can do to help you. The crown has secured a guilty-conviction with just that sentence alone + information identifying you as the driver and being on a public highway.
As stated earlier, your phone needs to be securely mounted to your vehicle at all times. Being found on your lap, on the floor, in a cup-holder would not be interpreted as secure.
Thank you for the response. I followed up again on the DVD evidence and the person at the wicket told me that the police officer ignored her request for the DVD and didn't state whether one was available or not. She said she would email him again and let me know. Any recommendations on how to proceed with this at court?
Thank you for the response. I followed up again on the DVD evidence and the person at the wicket told me that the police officer ignored her request for the DVD and didn't state whether one was available or not. She said she would email him again and let me know.
Any recommendations on how to proceed with this at court?
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…