Hello, I have a court date on Tuesday to fight a parking ticket. The ticket was for parking where prohibited by sign. Which under normal circumstances would be correct, however because of a construction permit parking, the parking was shifted from one side of the street to the other. A temporary sign was placed on each side of the road to designate the new parking area's. The problem, the sign in front of my car fell down after I parked overnight. It was a temporary sign, so it's easy an easy thing to occur. I went to my first appearance, and the person I spoke to said the best he could do was reduce it. I don't feel I should have to pay a penny given I followed all the proper procedures, including getting a permit to park overnight and specifically asking the representative where to park. Attached are two photos of the sign that fell if it helps. I guess my question is, I have a video showing what happened to the sign. When I went to park the previous night, the sign was up. In the morning it was on the floor. The person issuing the ticket would have seen the sign, so I have no idea why they issued the ticket - well I do I've been trying to be a less cynical person. Do I have any chance of mounting a defense here?
Hello,
I have a court date on Tuesday to fight a parking ticket. The ticket was for parking where prohibited by sign. Which under normal circumstances would be correct, however because of a construction permit parking, the parking was shifted from one side of the street to the other. A temporary sign was placed on each side of the road to designate the new parking area's.
The problem, the sign in front of my car fell down after I parked overnight. It was a temporary sign, so it's easy an easy thing to occur.
I went to my first appearance, and the person I spoke to said the best he could do was reduce it. I don't feel I should have to pay a penny given I followed all the proper procedures, including getting a permit to park overnight and specifically asking the representative where to park.
Attached are two photos of the sign that fell if it helps.
I guess my question is, I have a video showing what happened to the sign. When I went to park the previous night, the sign was up. In the morning it was on the floor. The person issuing the ticket would have seen the sign, so I have no idea why they issued the ticket - well I do I've been trying to be a less cynical person.
Do I have any chance of mounting a defense here?
You do not have the required permissions to view the files attached to this post. Register to view.
The knocked down sign allows parking to the right of it. There is another sign closer to the stop sign, maybe the officer was going by that. Did anyone else get a ticket? Either way with the photo evidence and a story saying you parked to the right of the sign and it was visible when you parked, I believe you should be able to create enough reasonable doubt to beat the ticket.
The knocked down sign allows parking to the right of it. There is another sign closer to the stop sign, maybe the officer was going by that. Did anyone else get a ticket? Either way with the photo evidence and a story saying you parked to the right of the sign and it was visible when you parked, I believe you should be able to create enough reasonable doubt to beat the ticket.
Yes you're likely correct, he may be going by that sign. They would have had to almost stand on top of sign on the road to have put the ticket on my window though, so either intentionally ignored it or have no business being in parking enforcement. There was not enough room for anyone else to park, because it was a small portion of the street that was sent to the other side to park. The remainder of the street was kept to the usual side.
ynotp wrote:
The knocked down sign allows parking to the right of it. There is another sign closer to the stop sign, maybe the officer was going by that. Did anyone else get a ticket? Either way with the photo evidence and a story saying you parked to the right of the sign and it was visible when you parked, I believe you should be able to create enough reasonable doubt to beat the ticket.
Yes you're likely correct, he may be going by that sign. They would have had to almost stand on top of sign on the road to have put the ticket on my window though, so either intentionally ignored it or have no business being in parking enforcement.
There was not enough room for anyone else to park, because it was a small portion of the street that was sent to the other side to park. The remainder of the street was kept to the usual side.
Well talked to the town prosecutor today who gave me an sanctimonious spiel about Absolute Liability yet again - he did this on the first appearance too. He basically said my video evidence helps him, and that anyone could have put that sign on the floor. He said because its absolute liability that the burden of proof lies on me to somehow prove this sign was up when I parked. Without a time machine that's impossible. All I have is a video survey of the area coupled with e-mail from the Town of Oakville stating that the parking would be switched to the opposite side. Add to that I have no idea how to submit video evidence in way that will be accepted, and this entire process of trying to defend an error that the Township made is absolutely ridiculous. What is being done here in my opinion borders on extortion.
Well talked to the town prosecutor today who gave me an sanctimonious spiel about Absolute Liability yet again - he did this on the first appearance too. He basically said my video evidence helps him, and that anyone could have put that sign on the floor. He said because its absolute liability that the burden of proof lies on me to somehow prove this sign was up when I parked. Without a time machine that's impossible. All I have is a video survey of the area coupled with e-mail from the Town of Oakville stating that the parking would be switched to the opposite side.
Add to that I have no idea how to submit video evidence in way that will be accepted, and this entire process of trying to defend an error that the Township made is absolutely ridiculous. What is being done here in my opinion borders on extortion.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
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…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…