need help for disable parking ticket

greentea
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need help for disable parking ticket

by: greentea on
Tue Jul 10, 2012 9:27 pm

I was ticketed for parking in the disable spot without permit in Tor.

The trial date is 18 months and 10 days from the offence day.

I need advice/opnion for the following questions:

1.Go to court and plead guilty: what would the reduced fine be upon plea bargain?

2.Constitutional challenge 11b: any chance of success for an 18 months and 10 days delay (assuming time delay is the only factor)? And if 11b fails can I fall back to take the plea bargain for a reduced fine?

3.Trial: Officer wrote ticket without checking for displaying of permit (because while I was sitting inside the car, saw him walking up from behind and throwing ticket on the windshield, he did not have time to check for the permit display). Do I have a case? Officer assumed an offence already committed and laid charge before seeing any evidence.

Any help would be appreciated


viper1
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by: viper1 on
Tue Jul 10, 2012 11:34 pm

greentea wrote:I was ticketed for parking in the disable spot without permit in Tor.

The trial date is 18 months and 10 days from the offence day.

I need advice/opnion for the following questions:

1.Go to court and plead guilty: what would the reduced fine be upon plea bargain?

2.Constitutional challenge 11b: any chance of success for an 18 months and 10 days delay (assuming time delay is the only factor)? And if 11b fails can I fall back to take the plea bargain for a reduced fine?

3.Trial: Officer wrote ticket without checking for displaying of permit (because while I was sitting inside the car, saw him walking up from behind and throwing ticket on the windshield, he did not have time to check for the permit display). Do I have a case? Officer assumed an offence already committed and laid charge before seeing any evidence.

Any help would be appreciated
"hang onto your chair when reading my posts
use at your own risk"


viper1
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Posts: 502
Joined: Mon Oct 20, 2008 11:31 pm

by: viper1 on
Tue Jul 10, 2012 11:37 pm

"If you were waiting for a disabled person."
You had every right to wait there.
My wife is disabled and if I drop her off I wait farther away as a courtesy.
If you want to be a prick and take up a spot you are probably entitled to it.
Whether it sticks or not kudo's to the cop.

In a round about way they are just making you do unnecessary stuff for being a prick.

You will get off but maybe you will not do it again.
Good traffic work.

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"


iFly55
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Posting Awards

by: iFly55 on
Wed Jul 11, 2012 12:21 am

a lot of information here on how to prepare an 11b application; if the 11b fails, be prepared to go to trial; from my experience i was advised by the prosecutor that if i proceeded with my 11b motion that plea-bargains would be 'out the door'

the MLEOs i'v dealt with check very thoroughly; we had a situation where there was a vehicle occupying a handicap space w/o a permit on the dash, when we called in the MLEOs they advised us there was a valid Disabled Permit on the flip-visor

the prosecutor might offer 50% off or something to the effect, if you plead-guilty infront of a JP and show exceptional circumstances like financial difficulties: single, four kids, unemployed and on social assistance... you may get a suspended sentence = $0 no fine

but 11b is the way to go


greentea
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Posts: 8
Joined: Wed Jun 27, 2012 9:16 pm

by: greentea on
Wed Jul 11, 2012 9:14 am

Thanks Ifly for sharing the usefull info.
I know in my case the officer could not check for the displayed permit, because I was sitting in the car for the whole 5 minutes waiting there, it was nearly dark and the parking lot was almost empty. I would have known if he was around the car checking for the displayed permit.

Thanks again Ifly.


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