I was driving west on a oneway street and stayed on the left turn lane. There was a small street sweeper moving very slow on the crosswalk and I drove pass it and made a left turn. Then at the end of the block a policeman on a bike came out and stop my car and then gave me a ticket for improper left turn. I was driving on the turning lane and I check to see if I have enough time and space to turn without hitting the people crossing the street. Do I have to wait for all people to and the sweeper to completely finish crossing before I can turn? (The sweeper was moving slower than the people crossing the street) If I go to court, do I need to hire someone to fight it? And do any of you think I have a chance of winning?
I was driving west on a oneway street and stayed on the left turn lane.
There was a small street sweeper moving very slow on the crosswalk and I drove pass it and made a left turn. Then at the end of the block a policeman on a bike came out and stop my car and then gave me a ticket for improper left turn.
I was driving on the turning lane and I check to see if I have enough time and space to turn without hitting the people crossing the street. Do I have to wait for all people to and the sweeper to completely finish crossing before I can turn? (The sweeper was moving slower than the people crossing the street)
If I go to court, do I need to hire someone to fight it? And do any of you think I have a chance of winning?
You should challenge every offence notice an officer gives you. I am not saying that always means pleading not guilty and going to trial, but at least try to minimize the damage to yourself Can you win? Yes it is possible if you craft a proper defence. I would avoid fighting a case like this yourself, because if you testify, a prosecutor while cross examining you, may be able to find significant weaknesses in your case. Also some people find it challenging to cross-examine a experienced police officer. A trained agent would be able to attend, and you may not be required to attend at all. If your not in court, it is more difficult for the prosecutor to prove your identity. To prove your innocence in this type of case, based on you message, you may want to establish that the pedestrians and sweeper were a greater distance away than what the officer may have been able to judge. You or your agent would want to obtain the disclosure package to find out what the officer is say about distance, if anything. You should try to write everything down that you can remember, such as what you said to the officer, what the officer said to you. Did the people you supposedly cut off stop and provide a witness statement to the officer? A worker using a street cleaning machine on a street should be simple to track down. Does he/she feel you cut them off? What ever you do, do not just pay the fine on the face of the ticket. Talk to agent about it. Most offer a free consultation and they could provide you options that you may not have known about.
You should challenge every offence notice an officer gives you. I am not saying that always means pleading not guilty and going to trial, but at least try to minimize the damage to yourself
Can you win? Yes it is possible if you craft a proper defence. I would avoid fighting a case like this yourself, because if you testify, a prosecutor while cross examining you, may be able to find significant weaknesses in your case. Also some people find it challenging to cross-examine a experienced police officer. A trained agent would be able to attend, and you may not be required to attend at all. If your not in court, it is more difficult for the prosecutor to prove your identity.
To prove your innocence in this type of case, based on you message, you may want to establish that the pedestrians and sweeper were a greater distance away than what the officer may have been able to judge. You or your agent would want to obtain the disclosure package to find out what the officer is say about distance, if anything.
You should try to write everything down that you can remember, such as what you said to the officer, what the officer said to you. Did the people you supposedly cut off stop and provide a witness statement to the officer? A worker using a street cleaning machine on a street should be simple to track down. Does he/she feel you cut them off?
What ever you do, do not just pay the fine on the face of the ticket. Talk to agent about it. Most offer a free consultation and they could provide you options that you may not have known about.
Thank you for the reply. When the police pull me over, he say "didn't you see that guy pull up right next to you." and I reply that he waved me to pass him." Then he say, "if he wave you to go thru a red light, would you?" I say no... then after that he took my drivers licence and walk away and then later came back with a ticket. I was wondering what he wrote in his book. Can I get a disclosure package before I decide to challenge or not? I don't think I can track down the sweeper. It was the 1st time I seen a sweeper on that street. Are all agents the same? or I should ask any agent that offer free consulting? Sorry for asking so many questions. Your info is very much appreciated
Thank you for the reply.
When the police pull me over, he say "didn't you see that guy pull up right next to you." and I reply that he waved me to pass him."
Then he say, "if he wave you to go thru a red light, would you?"
I say no... then after that he took my drivers licence and walk away and then later came back with a ticket.
I was wondering what he wrote in his book.
Can I get a disclosure package before I decide to challenge or not?
I don't think I can track down the sweeper. It was the 1st time I seen a sweeper on that street.
Are all agents the same? or I should ask any agent that offer free consulting?
Sorry for asking so many questions. Your info is very much appreciated
Unfortunately, not all agents are the same. Try to find a Paralegal that is able to expain your options in a way YOU understand, not using confusing word in the way he or she speaks. As far as tracking down the street sweeper, as you mentioned it is the first time you saw one on the street(at least this year). The municipality where you were charged can help you with this, but you must ask carefully. You may wish to request a first attendance meeting. To do this, you enter a not guilty plea by filing out the correct option on the back of your offence notice. Put a x in the box that says you are pleading not guilty and one in the box that says you wish to challenge the officers evidence. You should request disclosure at the time you file your ticket. Make photocopies of what you are submitting, and if they will, ask the clerk to stamped "filed" and the date on your copies(Used later to prove you have requested, but not yet rec'd, disclosure from the crown. Always make good notes to help remind you of the event details and any conversations you may have with the police/prosecutor. After going over the discosure package, if there is no chance of you winning the case, you may wish to change your plea to guilty and to to lower the fine. http://www.myhamilton.ca/NR/rdonlyres/8 ... ure_V2.pdf Above is a link to a SAMPLE disclosure request form.
Unfortunately, not all agents are the same. Try to find a Paralegal that is able to expain your options in a way YOU understand, not using confusing word in the way he or she speaks.
As far as tracking down the street sweeper, as you mentioned it is the first time you saw one on the street(at least this year). The municipality where you were charged can help you with this, but you must ask carefully.
You may wish to request a first attendance meeting. To do this, you enter a not guilty plea by filing out the correct option on the back of your offence notice. Put a x in the box that says you are pleading not guilty and one in the box that says you wish to challenge the officers evidence.
You should request disclosure at the time you file your ticket. Make photocopies of what you are submitting, and if they will, ask the clerk to stamped "filed" and the date on your copies(Used later to prove you have requested, but not yet rec'd, disclosure from the crown. Always make good notes to help remind you of the event details and any conversations you may have with the police/prosecutor. After going over the discosure package, if there is no chance of you winning the case, you may wish to change your plea to guilty and to to lower the fine.
Thank you very much for the rely. The sweeper was park infront of a pizza shop.... and later cross the street. Maybe he was there buying lunch only. Will the city actually tells people who was working on the street on that day? My ticket is from Toronto. Will the form be similar to your sample one? Do I have to buy that disclosure form in advance or it can be downloaded? When I go enter a not guilty plea. Do I have to submit any evidence that I have? or Just submit the ticket with not guilty plea and request a disclosure package? How much would be the cost if I ask an agent to do it for me?
Thank you very much for the rely.
The sweeper was park infront of a pizza shop.... and later cross the street. Maybe he was there buying lunch only. Will the city actually tells people who was working on the street on that day?
My ticket is from Toronto. Will the form be similar to your sample one?
Do I have to buy that disclosure form in advance or it can be downloaded?
When I go enter a not guilty plea. Do I have to submit any evidence that I have? or Just submit the ticket with not guilty plea and request a disclosure package?
How much would be the cost if I ask an agent to do it for me?
Print Sample form and make one for yourself(Keep it on file in case you need one again). You can find the court address on the back of your offence notice. It is recommended that you submit your disclosure request as soon as you realize you would like disclosure, but only after you have signed your ticket as not guilty and filed it with the court. I have heard of some agents in the G.T.A. area that would handle that type of charge for around $200.00. In Hastings County, most agent fees are $250.00 and up. If a trial is involved, we usually charge a higher fee as a lot more preparation work is required. Always ask what you will be receiving for the amount you are paying. Always make sure you understand what is going on, and if you do not, be sure to get clarification as soon as possible. Call my office, I would be happy to discuss your case with you breifly. 1-888-668-9267
Print Sample form and make one for yourself(Keep it on file in case you need one again). You can find the court address on the back of your offence notice. It is recommended that you submit your disclosure request as soon as you realize you would like disclosure, but only after you have signed your ticket as not guilty and filed it with the court.
I have heard of some agents in the G.T.A. area that would handle that type of charge for around $200.00. In Hastings County, most agent fees are $250.00 and up. If a trial is involved, we usually charge a higher fee as a lot more preparation work is required. Always ask what you will be receiving for the amount you are paying. Always make sure you understand what is going on, and if you do not, be sure to get clarification as soon as possible. Call my office, I would be happy to discuss your case with you breifly. 1-888-668-9267
Thanks for the info. Before I decide what to do. I have a few more questions. When the police give a ticket. Don't they have to tell you the reason and what is my rights in regards to the ticket? (The police never told me that I'm getting a ticket, he just walk away and came back and gave me 2 piece of paper and he leave. Then I notice the ticket was for a improper left turn) If I attend the first meeting. Should I tell or/and give evidence to him? If it cannot be settle at that time, wouldn't he later use my evidence and turn it against me in the trial?
Thanks for the info.
Before I decide what to do. I have a few more questions.
When the police give a ticket. Don't they have to tell you the reason and what is my rights in regards to the ticket?
(The police never told me that I'm getting a ticket, he just walk away and came back and gave me 2 piece of paper and he leave. Then I notice the ticket was for a improper left turn)
If I attend the first meeting. Should I tell or/and give evidence to him?
If it cannot be settle at that time, wouldn't he later use my evidence and turn it against me in the trial?
As long as the documents are correct, the charge would stick. Also, the officer is not required to inform a driver of the demerit points for the charge, or any other ministry sanctions. A Charter of Rights issue could be raised, but I haven't seen it in my area yet. Any thing you discuss in an attempt to resolve you case with the prosecutor should not be used against you. Although not required in Ontario, you may wish to advise the prosecutor that your discussion will be "Off The Record". Keep us posted on how you make out with your situation.
As long as the documents are correct, the charge would stick. Also, the officer is not required to inform a driver of the demerit points for the charge, or any other ministry sanctions. A Charter of Rights issue could be raised, but I haven't seen it in my area yet.
Any thing you discuss in an attempt to resolve you case with the prosecutor should not be used against you. Although not required in Ontario, you may wish to advise the prosecutor that your discussion will be "Off The Record".
Keep us posted on how you make out with your situation.
It may be different for each Prosecutor. I know the last one I dealt with definitely WOULD use anything I said against me (if it went to trial). I asked and he told me so. My co-worker got a ticket on which she was cited the wrong charge. She went to the Crown to have it dismissed and made the mistake of telling him what the ACTUAL violation was. He promptly threatened to submit a new Part III if she didn't accept his "generous" plea bargain. If she had just gone to trial on the original charge, it would have been easily won. Personally, I would never offer incriminating evidence to the Crown.
It may be different for each Prosecutor. I know the last one I dealt with definitely WOULD use anything I said against me (if it went to trial). I asked and he told me so.
My co-worker got a ticket on which she was cited the wrong charge. She went to the Crown to have it dismissed and made the mistake of telling him what the ACTUAL violation was. He promptly threatened to submit a new Part III if she didn't accept his "generous" plea bargain. If she had just gone to trial on the original charge, it would have been easily won.
Personally, I would never offer incriminating evidence to the Crown.
It may be different for each Prosecutor. I know the last one I dealt with definitely WOULD use anything I said against me (if it went to trial). I asked and he told me so.
My co-worker got a ticket on which she was cited the wrong charge. She went to the Crown to have it dismissed and made the mistake of telling him what the ACTUAL violation was. He promptly threatened to submit a new Part III if she didn't accept his "generous" plea bargain. If she had just gone to trial on the original charge, it would have been easily won.
Personally, I would never offer incriminating evidence to the Crown.
Unfortuately, this is easier said then done.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I will never tell anyone how many demerit points are attached to a offence, even if asked at roadside. I'm not being a @$$, but if I was to have a brain fart sometime, I don't want to mislead the driver. I always tell them to contact the MTO. I will always tell the driver what the offence is for, but I will not go into evidence at roadside, that is what court is for. Also,I always tell the driver about the options on the offence notice, whether they listen or not, that is up to them!
David Chatten wrote:
As . Also, the officer is not required to inform a driver of the demerit points for the charge, or any other ministry sanctions.
I will never tell anyone how many demerit points are attached to a offence, even if asked at roadside. I'm not being a @$$, but if I was to have a brain fart sometime, I don't want to mislead the driver. I always tell them to contact the MTO.
I will always tell the driver what the offence is for, but I will not go into evidence at roadside, that is what court is for. Also,I always tell the driver about the options on the offence notice, whether they listen or not, that is up to them!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Since I was not told what the ticket was for and what are my options. Is that mean I have a chance of winning? I drive on this same street everyday and I see many police cars making the same turn as me. The highway act does not say I have to wait until the crosswalk is completely empty before I can make a turn. Also, why is the car before me and after me that made the turn didn't get the ticket. So, I want to make sure what is the proper way to make a left turn.
I will always tell the driver what the offence is for, but I will not go into evidence at roadside, that is what court is for. Also,I always tell the driver about the options on the offence notice, whether they listen or not, that is up to them!
Since I was not told what the ticket was for and what are my options.
Is that mean I have a chance of winning?
I drive on this same street everyday and I see many police cars making the same turn as me. The highway act does not say I have to wait until the crosswalk is completely empty before I can make a turn. Also, why is the car before me and after me that made the turn didn't get the ticket. So, I want to make sure what is the proper way to make a left turn.
Last edited by smallfive on Sun May 04, 2008 11:19 am, edited 2 times in total.
There is No first meeting for my ticket. Guess that mean they think I will loss that is why I don't get one. Oh, I was told that I only request for disclosure after I get a court date. Guess just have to wait now to see what the reason was for the ticket before I can plan for a defense. Thanks everyone for the info.
Any thing you discuss in an attempt to resolve you case with the prosecutor should not be used against you. Although not required in Ontario, you may wish to advise the prosecutor that your discussion will be "Off The Record".
There is No first meeting for my ticket.
Guess that mean they think I will loss that is why I don't get one.
Oh, I was told that I only request for disclosure after I get a court date.
Guess just have to wait now to see what the reason was for the ticket before I can plan for a defense.
That is kinda like...why didn't you get that vehicle for speeding. Can only stop one at once. Maybe was doing notes, finished, looked up and saw your vehicle.....didn't see the 1st one, and your vehicle to that officer might be the first one.....something like a group of cars speeding....I'll either take out the very first OR the very last one! it's a choice!
smallfive wrote:
Also, why is the car before me and after me that made the turn didn't get the ticket.
That is kinda like...why didn't you get that vehicle for speeding. Can only stop one at once. Maybe was doing notes, finished, looked up and saw your vehicle.....didn't see the 1st one, and your vehicle to that officer might be the first one.....something like a group of cars speeding....I'll either take out the very first OR the very last one! it's a choice!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
That is kinda like...why didn't you get that vehicle for speeding. Can only stop one at once. Maybe was doing notes, finished, looked up and saw your vehicle.....didn't see the 1st one, and your vehicle to that officer might be the first one.....something like a group of cars speeding....I'll either take out the very first OR the very last one! it's a choice He was standing in the lane near the sidewalk and was not doing any notes.(He have no notepad in his hands and just staring at cars turning) The 1st car made a turn into the left lane and drove away. (he was very far away from the left lane, it is impossible for him to stop any cars that turned into the left lane and go straight) Because I have to turn right immediately after the left turn and he was blocking the road. So I have no choice but to drive very slow towards him and then he stop me.
hwybear wrote:
smallfive wrote:
Also, why is the car before me and after me that made the turn didn't get the ticket.
That is kinda like...why didn't you get that vehicle for speeding. Can only stop one at once. Maybe was doing notes, finished, looked up and saw your vehicle.....didn't see the 1st one, and your vehicle to that officer might be the first one.....something like a group of cars speeding....I'll either take out the very first OR the very last one! it's a choice
He was standing in the lane near the sidewalk and was not doing any notes.(He have no notepad in his hands and just staring at cars turning) The 1st car made a turn into the left lane and drove away. (he was very far away from the left lane, it is impossible for him to stop any cars that turned into the left lane and go straight) Because I have to turn right immediately after the left turn and he was blocking the road. So I have no choice but to drive very slow towards him and then he stop me.
The city finally sent me a letter....so long. They are not proceeding the case against me. And the ticket is cancel...... Looks like they know they made a mistake or cannot win.... :)
The city finally sent me a letter....so long.
They are not proceeding the case against me. And the ticket is cancel......
Looks like they know they made a mistake or cannot win....
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
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…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
