Traffic Ticket FAQ
01-21-2008 | 10:02 PM
#1
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From: Mississauga
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Traffic Ticket FAQ
Anyone need help? let me know.
What should I do if I'm stopped by the Police?
Here are some tips on what to do and what not to do:
Stay in your car for safety's sake. The officer will come to you.
Avoid being confrontational with the officer. Don't argue your case on the roadside. You can choose to have a trial in court if you want.
At night, turn on your interior light.
Turn down your radio so you can hear the Police Officer and they can hear you.
If requested, produce your drivers license, ownership information and valid insurance card. Ontario law requires that you produce these items when requested.
Got a Ticket?
Offence Notice
You must choose one of the following three options within 15 days of receiving an Offence Notice. If you fail to exercise any of the three choices within the 15 day period, or if you do not appear for trial, you may be deemed as not disputing the charge and a Justice may enter a conviction in your absence.
OPTION 1 – Plea of Guilty
Payment out of court:
I plead guilty and payment of the 'total payable' is enclosed.
Instructions for payment can be found on the 'payment notice' section on the rear of the offence notice. Most tickets can be paid online or pay at the court house.
Note: You cannot make payment directly to a Police Officer or at a Police Station
OPTION 2 – Plead Guilty with an Explanation
Attend the court office within the times and days shown. You must bring your Offence Notice with you.
For your convenience and to save time, you may call the court office in advance for an appointment with the Prosecutor;
OPTION 3 – Trial Option – Do Not Mail
You or your Agent must attend the court office in person within the times and days shown on your copy of the Offence Notice to file a notice of intention to appear in court.
You or your Agent must bring your Offence Notice with you. (get the ticket stamped)
You cannot set a trial date by mail.
Remember, you must choose one of the 3 options above within 15 days of receiving your Offence Notice
Summons to Defendant
A summons to defendant is an official court document that requires a person to attend court. There is no fine that can be paid lieu of attending court. You, or your Agent, or your Counsel, must appear on the date and time and at the place indicated on the face of the summons.
If you or your Agent or Counsel do not appear;
The court may issue a warrant for your arrest or;
The trial may proceed and the evidence may be taken in your absence.
If you, or your Agent, or your Counsel appear;
The trial may proceed or;
You or your Agent, or your Counsel, or the Prosecutor, may ask the court to adjourn your case to another date. The court may grant or refuse such a request.
Driving Offences
There are many different types of driving offences. Driving offences are dealt with by the Ontario Court of Justice, Criminal Court or the Ontario Court of Justice, Provincial Offences Court, depending on the type of offence.
The Part I offence notice, sometimes referred to as a "ticket", is to be used in cases where the relevant statute limits the maximum penalty to a fine not exceeding $500.00 and a jail sentence cannot be imposed.
The Part I offence noticed is designed to be used for contraventions all the Provincial
Statutes including:
The Highway Traffic Act,
The Liquor License Act,
Trespass to Property Act etc.
The Part III summons is designed to be used in all cases where the relevant statute provides for maximum penalty in excess of $500.00 fine and permits a jail sentence to be imposed. Part III offence notice matters are usually dealt with by the Provincial Offences Court.
Some of the Driving Offences that would be dealt with by the Ontario Court of Justice, Criminal Court are:
Drive while disqualified, (Criminal)
Impaired Operation of a motor Vehicle
Impaired Care and Control of a Motor vehicle
Refusing to Provide a Breath Sample
Fines and/or jail sentences will vary depending on each individual case.
What should I do if I'm stopped by the Police?
Here are some tips on what to do and what not to do:
Stay in your car for safety's sake. The officer will come to you.
Avoid being confrontational with the officer. Don't argue your case on the roadside. You can choose to have a trial in court if you want.
At night, turn on your interior light.
Turn down your radio so you can hear the Police Officer and they can hear you.
If requested, produce your drivers license, ownership information and valid insurance card. Ontario law requires that you produce these items when requested.
Got a Ticket?
Offence Notice
You must choose one of the following three options within 15 days of receiving an Offence Notice. If you fail to exercise any of the three choices within the 15 day period, or if you do not appear for trial, you may be deemed as not disputing the charge and a Justice may enter a conviction in your absence.
OPTION 1 – Plea of Guilty
Payment out of court:
I plead guilty and payment of the 'total payable' is enclosed.
Instructions for payment can be found on the 'payment notice' section on the rear of the offence notice. Most tickets can be paid online or pay at the court house.
Note: You cannot make payment directly to a Police Officer or at a Police Station
OPTION 2 – Plead Guilty with an Explanation
Attend the court office within the times and days shown. You must bring your Offence Notice with you.
For your convenience and to save time, you may call the court office in advance for an appointment with the Prosecutor;
OPTION 3 – Trial Option – Do Not Mail
You or your Agent must attend the court office in person within the times and days shown on your copy of the Offence Notice to file a notice of intention to appear in court.
You or your Agent must bring your Offence Notice with you. (get the ticket stamped)
You cannot set a trial date by mail.
Remember, you must choose one of the 3 options above within 15 days of receiving your Offence Notice
Summons to Defendant
A summons to defendant is an official court document that requires a person to attend court. There is no fine that can be paid lieu of attending court. You, or your Agent, or your Counsel, must appear on the date and time and at the place indicated on the face of the summons.
If you or your Agent or Counsel do not appear;
The court may issue a warrant for your arrest or;
The trial may proceed and the evidence may be taken in your absence.
If you, or your Agent, or your Counsel appear;
The trial may proceed or;
You or your Agent, or your Counsel, or the Prosecutor, may ask the court to adjourn your case to another date. The court may grant or refuse such a request.
Driving Offences
There are many different types of driving offences. Driving offences are dealt with by the Ontario Court of Justice, Criminal Court or the Ontario Court of Justice, Provincial Offences Court, depending on the type of offence.
The Part I offence notice, sometimes referred to as a "ticket", is to be used in cases where the relevant statute limits the maximum penalty to a fine not exceeding $500.00 and a jail sentence cannot be imposed.
The Part I offence noticed is designed to be used for contraventions all the Provincial
Statutes including:
The Highway Traffic Act,
The Liquor License Act,
Trespass to Property Act etc.
The Part III summons is designed to be used in all cases where the relevant statute provides for maximum penalty in excess of $500.00 fine and permits a jail sentence to be imposed. Part III offence notice matters are usually dealt with by the Provincial Offences Court.
Some of the Driving Offences that would be dealt with by the Ontario Court of Justice, Criminal Court are:
Drive while disqualified, (Criminal)
Impaired Operation of a motor Vehicle
Impaired Care and Control of a Motor vehicle
Refusing to Provide a Breath Sample
Fines and/or jail sentences will vary depending on each individual case.
02-16-2008 | 12:48 AM
#2
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How to raise reasonable doubt while Cross Examining Police Officer
Hello there: I am fighting two tickets on behalf of a friend. One is for speeding, the other for no seat belt. I plan to cross examine the Police Officer. He made an error on the face of BOTH the tickets he wrote that day.
He copied my friend's address from his drivers license onto each ticket. Both times he wrote Par K ham instead of Parham, ontario.
When he pulled the car over, he motioned my friend to drive the wrong way up a one way street. A vehicle was coming the proper way down the street and my friend had to yield to this oncoming vehicle.
After the ticket was issued, the Officer motioned us to back out of the one way street right onto a 4 lane highway.
I am confident the Officer will answer yes to all of those facts.
Will this cast doubt on the Officer?
My reasoning is this: If he made all those errors on that day, what is to say that he did not make an error copying the speed from the laser to the ticket?
I appreciate any comments you may have thank you in advance.
He copied my friend's address from his drivers license onto each ticket. Both times he wrote Par K ham instead of Parham, ontario.
When he pulled the car over, he motioned my friend to drive the wrong way up a one way street. A vehicle was coming the proper way down the street and my friend had to yield to this oncoming vehicle.
After the ticket was issued, the Officer motioned us to back out of the one way street right onto a 4 lane highway.
I am confident the Officer will answer yes to all of those facts.
Will this cast doubt on the Officer?
My reasoning is this: If he made all those errors on that day, what is to say that he did not make an error copying the speed from the laser to the ticket?
I appreciate any comments you may have thank you in advance.
02-16-2008 | 01:03 AM
#3
Thread Starter
~~ Hardcore Newb ~~
Joined: Apr 2006
Posts: 4
From: Mississauga
Rep Power: 0 Hello there: I am fighting two tickets on behalf of a friend. One is for speeding, the other for no seat belt. I plan to cross examine the Police Officer. He made an error on the face of BOTH the tickets he wrote that day.
He copied my friend's address from his drivers license onto each ticket. Both times he wrote Par K ham instead of Parham, ontario.
When he pulled the car over, he motioned my friend to drive the wrong way up a one way street. A vehicle was coming the proper way down the street and my friend had to yield to this oncoming vehicle.
After the ticket was issued, the Officer motioned us to back out of the one way street right onto a 4 lane highway.
I am confident the Officer will answer yes to all of those facts.
Will this cast doubt on the Officer?
My reasoning is this: If he made all those errors on that day, what is to say that he did not make an error copying the speed from the laser to the ticket?
I appreciate any comments you may have thank you in advance.
He copied my friend's address from his drivers license onto each ticket. Both times he wrote Par K ham instead of Parham, ontario.
When he pulled the car over, he motioned my friend to drive the wrong way up a one way street. A vehicle was coming the proper way down the street and my friend had to yield to this oncoming vehicle.
After the ticket was issued, the Officer motioned us to back out of the one way street right onto a 4 lane highway.
I am confident the Officer will answer yes to all of those facts.
Will this cast doubt on the Officer?
My reasoning is this: If he made all those errors on that day, what is to say that he did not make an error copying the speed from the laser to the ticket?
I appreciate any comments you may have thank you in advance.
Wow
- Where and When is Court ?
- Have you gone to court for people before? you must have verbal if you are a friend or written if you are an agent Authorization from your friend to apear on his or her behalf as court rules have changed.
- Have you faxed a Disclosure request to the crown? that will give you both sides of the tickets and the speed the cop wrote down on his notes rather then "guess and hope" the day of court.
- We are all human we all make mistakes I wouldn't count on both tickets being withdrawn because of the last name because at the end of the did your friend was not wearing their seatbelt and they were speeding.
Whats the speed on the ticket?
When it comes to insurance and a driving record you have 2 major tickets here good luck you will need it and I would count on working hard on this case rather then hope and prey for good luck
cheers
02-16-2008 | 01:17 AM
#4
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Joined: Feb 2008
Posts: 7
From: Hamilton
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Trial is set for March 20, 2008. Yes I have requested disclosure using registered mail. The Prosecutors office sent me a photocopy of the back of both tickets, as well as certificate of Officer's Laser Operator's Course dated Nov. 2004. Also a certificte of Radar/Lidar Instructor's course dated April 2005.
I requested calibration and repair information for the laser gun he used, the reply from prosecutor says: We do not have calibration or repair information.
I am working diligintly to win this case. I really do appreciate your comments, thanks again.
I requested calibration and repair information for the laser gun he used, the reply from prosecutor says: We do not have calibration or repair information.
I am working diligintly to win this case. I really do appreciate your comments, thanks again.
02-16-2008 | 01:32 AM
#5
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I am considering sending a Notice of Constitutional Question because of undue delay. The tickets were written Jan. 30 2007. On Feb. 28, 2007, the Crown sent an Notice of Application for Adjournment. to be heard March 2007. I did not respond or appear to argue this request, and the crown got a trial Date of Nov. 6, 2008. I appeared in court that day and asked to put it over. The Judge said "I know what you are doing....you have been on the internet and are trying to ....... the only way I will give you a new date is if you waive your right to a speedy trial." I agreed .
The point is, I should have tried to get it thrown out Nov. 6, because at that time a full 10 months had gone by. Do you think I would have a chance if I take this course of action?
The point is, I should have tried to get it thrown out Nov. 6, because at that time a full 10 months had gone by. Do you think I would have a chance if I take this course of action?
02-16-2008 | 01:32 AM
#6
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Joined: Feb 2008
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From: Hamilton
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I am considering sending a Notice of Constitutional Question because of undue delay. The tickets were written Jan. 30 2007. On Feb. 28, 2007, the Crown sent an Notice of Application for Adjournment. to be heard March 2007. I did not respond or appear to argue this request, and the crown got a trial Date of Nov. 6, 2008. I appeared in court that day and asked to put it over. The Judge said "I know what you are doing....you have been on the internet and are trying to ....... the only way I will give you a new date is if you waive your right to a speedy trial." I agreed .
The point is, I should have tried to get it thrown out Nov. 6, because at that time a full 10 months had gone by. Do you think I would have a chance if I take this course of action?
The point is, I should have tried to get it thrown out Nov. 6, because at that time a full 10 months had gone by. Do you think I would have a chance if I take this course of action?
02-18-2008 | 09:29 PM
#8
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Joined: Mar 2006
Posts: 99
From: Stratford, On., Canada
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I doubt 10 months would get you a speedy trial win. I'm pretty sure it would have to be over a year (not by your own continuance motion).
Lesson recently learned:
Don't take an issue to the Crown in hopes of having him drop a ticket. My co-worker was cited for the wrong HTA violation completely. After pleading not-guilty (and waiting a few weeks), she approached the Crown and asked that the charge be dropped. The Crown said he would have the officer issue a new (corrected) ticket. She pointed out that it has been over 30 days since the stop so the office can NOT write a new ticket (Part I <30-day limitation>). The Crown countered that the officer couldn't, but HE could! (by filing a Part III <6 month limitation>). So my co-worker was forced to accept his plea bargain.
Now if she hadda' just kept her mouth shut and take it right to trial in the first place, it would have definitely been dismissed by the JP. The Crown should only be approached if you have absolutely NO defense and you just want to negotiate for a lower charge.
Lesson recently learned:
Don't take an issue to the Crown in hopes of having him drop a ticket. My co-worker was cited for the wrong HTA violation completely. After pleading not-guilty (and waiting a few weeks), she approached the Crown and asked that the charge be dropped. The Crown said he would have the officer issue a new (corrected) ticket. She pointed out that it has been over 30 days since the stop so the office can NOT write a new ticket (Part I <30-day limitation>). The Crown countered that the officer couldn't, but HE could! (by filing a Part III <6 month limitation>). So my co-worker was forced to accept his plea bargain.
Now if she hadda' just kept her mouth shut and take it right to trial in the first place, it would have definitely been dismissed by the JP. The Crown should only be approached if you have absolutely NO defense and you just want to negotiate for a lower charge.
02-18-2008 | 10:52 PM
#9
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I am going to cross examine the Police Officer and cast a reasonable doubt, based on the fact he made several errors in judgement that day. Also, the crown did not send the disclosure I asked for, namely calibration and maintenance records for the laser gun. It is my understanding the officer can not be considered an expert witness to the mechanical workings of the laser gun, unless he can prove he is trained to maintain and repair it. Might that work you think?
04-14-2008 | 08:32 PM
#10
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Joined: Apr 2008
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From: New York
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Ny driver got a ticket in toronto.
Need help...
I was in toronto this weekend and was pulled over for making a quick right turn on a red light. The cop said i didn't stop properly and gave me a ticket for fail to stop in red light. I have a NY license. Any suggestion on what to do with this ticket. What will be the consequence if i don't pay the ticket? If i pay do i lose points in my NY license? Anyojne have any ideas?
Need help...
I was in toronto this weekend and was pulled over for making a quick right turn on a red light. The cop said i didn't stop properly and gave me a ticket for fail to stop in red light. I have a NY license. Any suggestion on what to do with this ticket. What will be the consequence if i don't pay the ticket? If i pay do i lose points in my NY license? Anyojne have any ideas?
04-23-2008 | 03:27 PM
#11
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Joined: Mar 2008
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Help
Was around 2am i was doing 160km/h on 403 close to the erinmills exit a OPP stops me so obviously i got a court date....note this happened b4 the new 50+ law so i did go to court n said i was not guilty n got a trial date and this is when things got ugly i missed my date because i live in Oshawa and i could not make it so i think they gave me a fine for about $700 and suspended my G2..i am not sure about the points.. i guess im gona to appeal it.
the plus point lol i guess i have are that im in school and im on osap and i guess
also that its my 1st offense...
i could really use some advise....THANX
the plus point lol i guess i have are that im in school and im on osap and i guess
also that its my 1st offense...
i could really use some advise....THANX
06-01-2008 | 10:26 PM
#12
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Joined: Apr 2008
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From: Torotno
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Dude!
Sounds like your in some rough stuff! How could you miss it?? and then just plead not guilty with nothing? Not smart!
I tried defending a 21 over myself and the judge ripped me apart. So when I got nailed with racing I got someone to go for me. They didn't eliminate it, but they got it reduced to a 49 over. No licence suspension and only 4 points. Check em out at www.trafficticketsolutions.ca, might save you some headache?
good luck!
I tried defending a 21 over myself and the judge ripped me apart. So when I got nailed with racing I got someone to go for me. They didn't eliminate it, but they got it reduced to a 49 over. No licence suspension and only 4 points. Check em out at www.trafficticketsolutions.ca, might save you some headache?
good luck!
10-18-2008 | 05:52 PM
#13
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If you want to defend your own ticket check you Main Page - My Traffic Ticket Defence
If you need help, find a licensed paralegal that deals in your court. » Traffic Ticket Defence Directory « Fight Speeding Tickets and Fight Traffic Tickets | www.Im In Trouble.ca
Talk to some one who knows the court.. Im In Trouble will give you a list of agnets BY court... may times there are small nuances that arnt the same in eahc court
If you need help, find a licensed paralegal that deals in your court. » Traffic Ticket Defence Directory « Fight Speeding Tickets and Fight Traffic Tickets | www.Im In Trouble.ca
Talk to some one who knows the court.. Im In Trouble will give you a list of agnets BY court... may times there are small nuances that arnt the same in eahc court
02-17-2009 | 08:17 PM
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I Beat My $250 Ticket...Myself! HA!
I live in Edmonton, got caught speeding - and got a big $250 ticket. I'm a carpenter and as you can imagine, i can't afford to lose my licence (had a few demerits before - this was my last chance to save my ***) I checked out POINTTS (ex-cops who fight the ticket for you) and they were a little too pricey for me - so went online and found a great little website selling a book for around $30 (more my price range) BEST $30 BUCKS I EVER SPENT!!!
Even though it was an American website - the tips they had work ANYWHERE a cop uses laser/lidar/radar/pacing..etc.
So i won my case and now I am tellin everyone about this little book that saved my ***!
Check it yerself - stick it to the man
Link is - http://www.2-clix.com/ticket-fighter
Even though it was an American website - the tips they had work ANYWHERE a cop uses laser/lidar/radar/pacing..etc.
So i won my case and now I am tellin everyone about this little book that saved my ***!
Check it yerself - stick it to the man
Link is - http://www.2-clix.com/ticket-fighter