Hi, I just left the parking lot of my workplace, still on local roads, and I got stopped for using my phone at a red light. I was just putting an address on my maps but I have to admit, it was clear to the officer I held my phone. Fine is now $615, 3 day suspension and 3 demerit points...I am extremely worried my insurance premium will double...what should I do? Can a ticket like this even be fought? If I go to trial and the officer shows up, does my fine increase to $1,000? If he doesn't show up, will all my charges be dismissed? (just asking cause this is my first ticket). Would it make sense to hire a paralegal to handle this case with a chance it won't be won? Will early resolution help at all with cellphone tickets, considering how strict the act is now (my driving record prior to this is clean)? if so, this is the route I most likely want to take. On top of the cellphone ticket, the officer gave me a ticket for my window tints being too dark...I plan on fighting this one since I got the tints done from the dealership and it was dark at the time I got pulled over, but can this be fought? This was never an issue for me in the last 4 years... Thanks!
Hi,
I just left the parking lot of my workplace, still on local roads, and I got stopped for using my phone at a red light. I was just putting an address on my maps but I have to admit, it was clear to the officer I held my phone.
Fine is now $615, 3 day suspension and 3 demerit points...I am extremely worried my insurance premium will double...what should I do? Can a ticket like this even be fought? If I go to trial and the officer shows up, does my fine increase to $1,000? If he doesn't show up, will all my charges be dismissed? (just asking cause this is my first ticket). Would it make sense to hire a paralegal to handle this case with a chance it won't be won? Will early resolution help at all with cellphone tickets, considering how strict the act is now (my driving record prior to this is clean)? if so, this is the route I most likely want to take.
On top of the cellphone ticket, the officer gave me a ticket for my window tints being too dark...I plan on fighting this one since I got the tints done from the dealership and it was dark at the time I got pulled over, but can this be fought? This was never an issue for me in the last 4 years...
While the province has taken a hard stance on distracted driving, auto insurance companies have always been slow to catch up on this one. I believe they still consider this one a minor offense even after the new handheld fines. Realistically, it would be treated much the same as a speeding ticket. Any ticket can be fought. However, it doesn't take much to prove you were either holding a phone or you weren't. Your fine will increase if you show up to court on your trial date and still want a trial. It is extremely rare these days for an officer to not show up. They are paid, it's their job, and there will likely be others there to see the same officer. Paralegals aren't really interested in taking on this kind of ticket. There isn't much they can do for you. They may decide to drop the tint ticket if you plead guilty on the handheld. Otherwise, no, there's no room to budge on this charge. Unfortunately, It doesn't mean much that you haven't had a ticket in four years over the tint. As for the dealership installing/contracting out your tint job, it's the drivers responsibility at the end of the day. There is no tint percentage guideline for Ontario. Basically, it's up to an officers discretion. It's not illegal to install dark tint. However, it is illegal to drive a vehicle on Ontario roads with tint an officer deems to be too dark. Dealerships spend all day installing plate covers on every vehicle they sell and those are illegal too. Canadian Tire will sell you a tinted plate cover even though you can't use it on Ontario roads. Long story short, it's not a defense that you purchased it through legitimate means. You aren't charged with buying it, you're charged with driving with it. They might offer you a deal for a guilty plea on the handheld charge, but that's totally up to them. If they really wanted to nail you on this tint charge, I don't see why they couldn't.
I am extremely worried my insurance premium will double...what should I do?
While the province has taken a hard stance on distracted driving, auto insurance companies have always been slow to catch up on this one. I believe they still consider this one a minor offense even after the new handheld fines. Realistically, it would be treated much the same as a speeding ticket.
If he doesn't show up, will all my charges be dismissed?
It is extremely rare these days for an officer to not show up. They are paid, it's their job, and there will likely be others there to see the same officer.
On top of the cellphone ticket, the officer gave me a ticket for my window tints being too dark...I plan on fighting this one since I got the tints done from the dealership and it was dark at the time I got pulled over, but can this be fought? This was never an issue for me in the last 4 years...
Unfortunately, It doesn't mean much that you haven't had a ticket in four years over the tint.
As for the dealership installing/contracting out your tint job, it's the drivers responsibility at the end of the day.
There is no tint percentage guideline for Ontario. Basically, it's up to an officers discretion.
It's not illegal to install dark tint. However, it is illegal to drive a vehicle on Ontario roads with tint an officer deems to be too dark. Dealerships spend all day installing plate covers on every vehicle they sell and those are illegal too. Canadian Tire will sell you a tinted plate cover even though you can't use it on Ontario roads. Long story short, it's not a defense that you purchased it through legitimate means. You aren't charged with buying it, you're charged with driving with it. They might offer you a deal for a guilty plea on the handheld charge, but that's totally up to them.
If they really wanted to nail you on this tint charge, I don't see why they couldn't.
Thanks for the advice, really appreciate it! I have some more questions given my two options: 1) Early resolution and meet with a prosecutor: If I go this route, would they consider dropping my tint charge if I plead guilty to the cellphone charge? Or does early resolution automatically mean I plead guilty to all the charges? Would they budge AT ALL with the cellphone charge if I describe my financial situation? 2) Trial option for both tickets: With this option, can I still plead guilty? I intend on pleading guilty for the cellphone ticket but can I ask the JP to waive my tint ticket? Will a trial only take place if I plead not guilty? (I definitely don't want to go to trial). And will the officer be in uniform? I don't remember his face that well. I ask because if he doesn't show up by some miracle, I will plead not guilty to both charges. Is there any benefit at all in reviewing the officer's notes before pleading guilty? How can I go about this? I think a handheld device charge is now considered a major infraction, since I had a 3 day license suspension as a result...either way, will insurance only find out about this during renewal? Or do I have to report this to them? Thanks in advance : )
Thanks for the advice, really appreciate it!
I have some more questions given my two options:
1) Early resolution and meet with a prosecutor: If I go this route, would they consider dropping my tint charge if I plead guilty to the cellphone charge? Or does early resolution automatically mean I plead guilty to all the charges? Would they budge AT ALL with the cellphone charge if I describe my financial situation?
2) Trial option for both tickets: With this option, can I still plead guilty? I intend on pleading guilty for the cellphone ticket but can I ask the JP to waive my tint ticket? Will a trial only take place if I plead not guilty? (I definitely don't want to go to trial). And will the officer be in uniform? I don't remember his face that well. I ask because if he doesn't show up by some miracle, I will plead not guilty to both charges. Is there any benefit at all in reviewing the officer's notes before pleading guilty? How can I go about this?
I think a handheld device charge is now considered a major infraction, since I had a 3 day license suspension as a result...either way, will insurance only find out about this during renewal? Or do I have to report this to them?
I was giving you a best case scenario at an early resolution. If you explained the tint was installed by your dealer, you were unaware that it was going to be problem, and you'll look into fixing the issue, they MIGHT cut you some slack in return for a guilty plea. It's also possible that they wont care. But if you're looking for a "what's the best outcome from an early resolution meeting?", that would probably be as good as it's going to get. Don't get your hopes up though. You are not making a plea by requesting an early resolution meeting. If you don't like whatever the offer is, you can just request a trial. They are not going to cave on your handheld charge based on your financial situation. If you're expecting them to toss it aside as a goodwill gesture or replace it with a parking ticket, that's not happening. Again, it's not a common occurrence for an officer to simply not show up. The officer is not always sitting there waiting, but they might be. They may be in the building, they might be on the road. They are only needed if there's a trial. You can plead not guilty and they'll just let the officer know he's needed in the courtroom. The penalty issued on the street is not always equivalent to the surcharge issued by your provider (example: blood alcohol content warn range suspension). These are administrative suspensions. They are not supposed to count against your rates. It's the conviction that you should be worried about. The facility association, which every insurance provider in Ontario is required to be apart of, still lists this as a minor offense. If you really want to know, just call your provider and ask. Your provider will be made aware of any convictions whenever they decide to check. That can be next week, next month, next year, next renewal... whenever. Do you have to report it? Technically, yes. It's in your insurance policy which you've signed. You're required to inform them of any changes that may affect your rates. Does anyone do it? Most probably don't. I don't even think your average driver even knows they are required to do so. However, if you switch providers in the next couple years, you're going to have to disclose everything upfront.
1) Early resolution and meet with a prosecutor: If I go this route, would they consider dropping my tint charge if I plead guilty to the cellphone charge? Or does early resolution automatically mean I plead guilty to all the charges? Would they budge AT ALL with the cellphone charge if I describe my financial situation?
I was giving you a best case scenario at an early resolution. If you explained the tint was installed by your dealer, you were unaware that it was going to be problem, and you'll look into fixing the issue, they MIGHT cut you some slack in return for a guilty plea. It's also possible that they wont care. But if you're looking for a "what's the best outcome from an early resolution meeting?", that would probably be as good as it's going to get. Don't get your hopes up though.
You are not making a plea by requesting an early resolution meeting. If you don't like whatever the offer is, you can just request a trial.
They are not going to cave on your handheld charge based on your financial situation. If you're expecting them to toss it aside as a goodwill gesture or replace it with a parking ticket, that's not happening.
2) Trial option for both tickets: With this option, can I still plead guilty? I intend on pleading guilty for the cellphone ticket but can I ask the JP to waive my tint ticket? Will a trial only take place if I plead not guilty? (I definitely don't want to go to trial). And will the officer be in uniform? I don't remember his face that well. I ask because if he doesn't show up by some miracle, I will plead not guilty to both charges. Is there any benefit at all in reviewing the officer's notes before pleading guilty? How can I go about this?
Again, it's not a common occurrence for an officer to simply not show up. The officer is not always sitting there waiting, but they might be. They may be in the building, they might be on the road. They are only needed if there's a trial. You can plead not guilty and they'll just let the officer know he's needed in the courtroom.
I think a handheld device charge is now considered a major infraction, since I had a 3 day license suspension as a result...either way, will insurance only find out about this during renewal? Or do I have to report this to them?
The penalty issued on the street is not always equivalent to the surcharge issued by your provider (example: blood alcohol content warn range suspension). These are administrative suspensions. They are not supposed to count against your rates. It's the conviction that you should be worried about. The facility association, which every insurance provider in Ontario is required to be apart of, still lists this as a minor offense. If you really want to know, just call your provider and ask.
Your provider will be made aware of any convictions whenever they decide to check. That can be next week, next month, next year, next renewal... whenever.
Do you have to report it? Technically, yes. It's in your insurance policy which you've signed. You're required to inform them of any changes that may affect your rates. Does anyone do it? Most probably don't. I don't even think your average driver even knows they are required to do so.
However, if you switch providers in the next couple years, you're going to have to disclose everything upfront.
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
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…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
.