Can I fight this ticket?

tranquility
Newbie
Newbie
Posts: 3
Joined: Wed Apr 20, 2011 6:54 pm

Can I fight this ticket?

by: tranquility on
Wed Apr 20, 2011 7:25 pm

A while back I got ticketed for an illegal left turn (contrary to s144(9) of the HTA) and in the Offence Notice the officer filled everything correctly except for my *Sex*: can I get out of this ticket by reason of this fact alone? Thx.

If I fight it in court, what are the chances of the cop showing up (by members' experience)? I assume that if the cop doesn't show up, then it gets thrown out of court? If the cop does show up, what can I argue or am I short out of luck? Can I just argue mitigating factors like previous perfect record to get a reduction in the fine/demerit points?

I understand that this offence will have 2 demerit points. I have a perfect record at this point, my questions are:
1. will this affect my insurance?
2. if yes, how much will this typically affect my insurance?

Btw, how come the fine is $85 but there are additional charges of $25 to make it a total of $110? What exactly is the breakdown of this $110 amount?

Thx.


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Wed Apr 20, 2011 8:19 pm

tranquility wrote:officer filled everything correctly except for my *Sex*: can I get out of this ticket by reason of this fact alone?
No, it's not a "fatal" error.
tranquility wrote:If I fight it in court, what are the chances of the cop showing up (by members' experience)? I assume that if the cop doesn't show up, then it gets thrown out of court?
Depends on the jurisdiction, but usually pretty good chance the officer will show as trials are scheduled for days they're working. If they don't show up, cases can be adjourned or tossed, but again it depends on the jurisdiction.
tranquility wrote: If the cop does show up, what can I argue or am I short out of luck?
There is no universal defence for all improper turn charges. What you can argue in Court as a defence depends on what happened, what the officer observed and tons of other factors. Read through the forum and check other posts on this topic to get ideas.
tranquility wrote:Can I just argue mitigating factors like previous perfect record to get a reduction in the fine/demerit points?
Again, depends on what actually happened. If you plead guilty with an explanation, the JP will sometimes give a reduced fine if there is good reason. If you go to trial and are found guilty, the chances of getting a reduced fine are slim. You can also try and work out a deal with the Crown before hand, where you agree to plead guilty and they request a reduced fine. The Courts/Crown can't change the number of points though as they're set by the Ministry. The only way to avoid them is to be found not guilty or work out a deal to plead guilty to a different offence with no points.
tranquility wrote:I understand that this offence will have 2 demerit points. I have a perfect record at this point, my questions are:
1. will this affect my insurance?
2. if yes, how much will this typically affect my insurance?
Contact your insurance company and ask as it varies between companies and policies. Some will overlook one minor conviction.
tranquility wrote:Btw, how come the fine is $85 but there are additional charges of $25 to make it a total of $110? What exactly is the breakdown of this $110 amount?
$85 fine, $20 victim surcharge (goes to fund victims of crime) and $5 court costs (kind of like a processing fee).


tranquility
Newbie
Newbie
Posts: 3
Joined: Wed Apr 20, 2011 6:54 pm

by: tranquility on
Wed Apr 20, 2011 9:47 pm

Stanton wrote:
tranquility wrote:officer filled everything correctly except for my *Sex*: can I get out of this ticket by reason of this fact alone?
No, it's not a "fatal" error.
tranquility wrote:If I fight it in court, what are the chances of the cop showing up (by members' experience)? I assume that if the cop doesn't show up, then it gets thrown out of court?
Depends on the jurisdiction, but usually pretty good chance the officer will show as trials are scheduled for days they're working. If they don't show up, cases can be adjourned or tossed, but again it depends on the jurisdiction.
tranquility wrote: If the cop does show up, what can I argue or am I short out of luck?
There is no universal defence for all improper turn charges. What you can argue in Court as a defence depends on what happened, what the officer observed and tons of other factors. Read through the forum and check other posts on this topic to get ideas.
tranquility wrote:Can I just argue mitigating factors like previous perfect record to get a reduction in the fine/demerit points?
Again, depends on what actually happened. If you plead guilty with an explanation, the JP will sometimes give a reduced fine if there is good reason. If you go to trial and are found guilty, the chances of getting a reduced fine are slim. You can also try and work out a deal with the Crown before hand, where you agree to plead guilty and they request a reduced fine. The Courts/Crown can't change the number of points though as they're set by the Ministry. The only way to avoid them is to be found not guilty or work out a deal to plead guilty to a different offence with no points.
tranquility wrote:I understand that this offence will have 2 demerit points. I have a perfect record at this point, my questions are:
1. will this affect my insurance?
2. if yes, how much will this typically affect my insurance?
Contact your insurance company and ask as it varies between companies and policies. Some will overlook one minor conviction.
tranquility wrote:Btw, how come the fine is $85 but there are additional charges of $25 to make it a total of $110? What exactly is the breakdown of this $110 amount?
$85 fine, $20 victim surcharge (goes to fund victims of crime) and $5 court costs (kind of like a processing fee).
Thx for your comments. I'm in Ontario if this could elicit more useful input.


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Wed Apr 20, 2011 10:24 pm

Yep, kind of assumed as this is the Ontario HTA forum. :D

By jurisdiction I mean Court jurisdiction. Procedures, policies and how the law is applied can vary from one Court to the next. Big cities like Toronto tend to have a bigger backlog then smaller Courts that cover rural regions.


tranquility
Newbie
Newbie
Posts: 3
Joined: Wed Apr 20, 2011 6:54 pm

by: tranquility on
Wed Apr 20, 2011 10:40 pm

Stanton wrote:Yep, kind of assumed as this is the Ontario HTA forum. :D

By jurisdiction I mean Court jurisdiction. Procedures, policies and how the law is applied can vary from one Court to the next. Big cities like Toronto tend to have a bigger backlog then smaller Courts that cover rural regions.
LOL, doh! Ok, I'm from Toronto: I read that they have something like a 14 mth backlog? Is there a great chance that the cop won't even bother/remember to show up? Any more tips would be greatly appreciated.

Btw, since I'm going to request a trial, technically there is no conviction and I can say as such if the insurance companies ask re traffic violations, I assume?


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sat Apr 23, 2011 11:53 pm

Until there is a conviction, your record is clear.

The Toronto backlog is 10-14 months. If it takes longer than 1 year for your case to proceed to trial, you can also file what's called an "11B," which is paperwork that states your rights to a speedy trial have been violated, and the trial should be stopped.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Post Reply
  • Similar Topics

Return to “Improper left turn”

Who is online

Users browsing this forum: No registered users and 2 guests