Receiving a speeding, parking ticket or any other ticket can be a very emotional experience. In Ontario you have a limited amount of time to decide how you’ll deal with the ticket. In the case of a speeding ticket the decision you make could have long term financial consequences, through increased insurance rates and demerit points. During this time, using the information on this site, you should weigh your options and make as unemotional a choice as possible about how to deal with the ticket.
Successfully fighting a speeding or parking ticket is not easy, especially if you actually have to engage in a trial, although many times you will not; as described on this site. The steps listed below will help you decide if it’s worth your time (from the time of the ticket to a final resolution could be 12 months or more) and effort to fight a speeding or parking ticket. If you decided it’s not then you may seek the help of qualified legal representative or simply pay the fine. In either event you’ll have a better understanding of the process and the steps involved in successfully fighting your speeding or parking ticket.
Make-believe trials for $30 Parking tickets: We discovered last summer (2008) that the City of Toronto has stopped issuing trial dates for $30 Parking tickets. Anyone who gets one can still request a date for trial to contest the ticket – and will be told a trial date will be coming in the mail – but the letter never arrives and no conviction is registered. The City of Toronto figured out it’s far less costly to pretend to offer people a trial, then just forget about it, than it is to actually administer justice (see article). If you don’t take your parking ticket to one of the four (4) locations on the back of the ticket and request a trial, you will then be convicted and will have to pay the forty five dollar fine; fightyourtickets and win.
If you’ve decided to fight your speeding or parking ticket follow this step-by-step guide for best results:
- You’ve received a speeding or parking ticket.
- The Notice of Trial
- The Trial
- Appealing Your Conviction
In Ontario you have 15 calendar days (from the issue date on the ticket) to file a Notice of Intention to Appear form at the nearest Ontario Court of Justice office in your city.
Photocopy or scan both sides of the ticket, for your records, prior to going to the court office.
For a more detailed explanation see: Options When You Receive a Ticket
At the Ontario Court of Justice office you may directed to a “First Attendance Meeting” to meet with the Prosecutor, where you’ll be pressured to plead guilty to a lesser charge. Demand your right to a trial and avoid this meeting, if at all possible. You might suggest that you have an appointment or your away from work and don’t have time to attend such a meeting. You just want to request a trial.
When completing the Notice of Intention Form to appear you should also indicate if you want the trial in French or if you require a language or sign language interpreter to be present in court during the trial.
For a more detailed explanation see: Requesting a Trial
Often, after you have filled out your Notice of Intention to Appear and you present it to the clerk at the office you are submitting it, the clerk will speak to you. The clerk will tell you that if you don’t receive a “Notice of Trial“ within 2 months of requesting a date, then you are obligated to contact the office where you filed the notice and remind them by telephone, that you have not received your “Notice of Trial“ in the mail yet and that you are seeking trial date, to contest the alleged offence.
You are not obligated to contact the office at which you requested a trial, to remind them to do their jobs or to remind them to set a date for your trial. Do not contact them, as this is not in your best interest to do so. Be patient and wait. You will eventually receive a Notice of Trial in the mail and if you don’t, then the City or Province has abandoned the matter.
Or you requested a trial and you followed the correct procedures, by filling out a Notice of Intention to Appear but instead of receiving the “Notice of Trial” in the mail, you receive a Notice of Fine and a Due Date (meaning you were tried and convicted in absentia and you must pay the total fine by a specified date). You only have 15 days to request that your case be Re-Opened.
For a more detailed explanation, see: Conviction Notice
Once you receive the notice of trial, note the date of the hearing. If it is set within 10 months of the date of the alleged infraction then you will immediately have to prepare for a trial.
For a more detailed explanation see: The Players- Plea Bargaining- The Trial
If the trial date is more than 10 months from the date of the alleged infraction you should begin preparing an Application for a Stay of Proceedings to halt the action against you for violation of your Constitutional Right to a speedy trial.
In either case you should also make a disclosure request to obtain all necessary information the Crown has about your case.
For a more detailed explanation see: Disclosure
By this point the trial date has been set. If it’s been more than 10 months since the date of the infraction you should have filed your Application for a Stay of Proceedings with the appropriate Offices. You’ve also made extra copies for the Judge or Justice of Peace as well as for the Crown and yourself. Your prepared to present your first motion in court to have the proceedings against you stayed due to the violation of your Constitiutional Rights to a speedy trial.
For a more detailed explanation see: Reasons for Dismissal
You’ve received disclosure from the Crown regarding your case. If not, then you’re prepared to make a motion to have the charges dismissed.
For a more detailed explanation see: Reasons for Dismissal
You’re at the trial and the police officer or the person who issued the ticket is not present, you move a motion to have the charges dismissed.
For a more detailed explanation see: Reasons for Dismissal
The trial is less than 10 months from the date of the alleged infraction and is proceeding. Prior to this you’ve prepared your list of questions for the person who issued the ticket. You prepared your witnesses (if any) and your list of questions. You’ve prepared your own explanation as to what happened and why.
For a more detailed explanation see: The Trial
You make your closing arguments and the trial concludes.
For a more detailed explanation see: The Trial
The Judge or Justice of Peace renders the verdict and you won, congratulations.
Or you were found guilty. At this point you must decide whether you’ll accept your conviction and the sentence (fines and associated costs) imposed on you.
The conviction will be registered and your insurance company will be made aware of your guilt. Demerit points will remain on your file for 2 years from the date of the infraction, while your insurance company will keep a record for 3 years.
Before you can appeal you must pay any fines and associates, at your local Provincial Offences Act office. Make sure you get a receipt for your payment.
In Ontario you must file your appeal within 15 days of the date of conviction.
For a more detailed explanation see: Appealing a Conviction or Sentence
The above steps are only intended to give you an overview of the entire process of fighting your speeding or parking ticket. Each section has links to more detailed information on this site. This guide has been kept as concise as possible to allow for a general understanding of the process involved. There is, however, much more involved in the process and if you intend to represent yourself or others, then you must carefully read the sections noted above, as well as those dealing with the specific laws you’ll be relying upon in your defence.
Please leave comments to help make this guide better and the best of luck, in fighting your tickets.
Hi Sydney:
No, the fact that the officer did not make a notation on the ticket that there was a witness would not constitute grounds to have your ticket dismissed. The JP has an opportunity at the trial to amend the ticket. The test that generally surrounds apparent errors on the ticket is “did the defendant suffer severe prejudice (which would interfere in the defence of the charge” as a result of the mistake or typo? The fact that the officer didn’t acknowledge the presence of a potential witness would not be prejudicial
to your defence of the speeding charge.
Remember to always http://fightyourtickets.ca
Hi John:
If you are convicted, you will accumulate four (4) demerit points on your driving record with the
Ministry of Transportation. see: http://fightyourtickets.ca/law/the-demerit-point-system-in-ontario/
If you already have prior convictions for speeding and your insurance company is aware of them,
you can expect to see a substantial increase in your auto-insurance premiums if you are convicted
of this speeding offence. Insurance companies look at convictions and not demerit points as a
justification or excuse to continue to raise your insurance premiums.
You must fight this speeding ticket, as a conviction will inevitably lead to much higher monthly
insurance payments.
Remember to always http://fightyourtickets.ca
Thanks for the reply. Is it worth hiring legal representation to help fight this? I spoke to someone from X Copper, and apart from the knowledge and experience they would lend, they also said as they would be representing me, I wouldn’t actually need to be in court, so I’d avoid taking the day off work (which would in itself save me half of what they would charge for the representation. How much benefit do you think I’d get from this kind of service??
Thanks
Hello, very informative site.
I got into an accident where I was at fault and got a careless driving ticket (I rear ended a car on the QEW during rush hour). My insurance company has an accident forgiveness policy which will apply to me if I am found guilty of anything other than careless driving apparently. At this point, I am more interested in keeping my insurance down and not getting a careless driving charge against me. The points stink, but I am not anticipating getting more points taken off, so that part isn’t as big a deal.
I guess my question is, if I plead down to Following too Closely, and just accept the reduced fine and fewer demerit points, what type of ramifications does that have for me other than insurance. Nobody was injured. I have a clean driving record other than this. Do you know what the typical fine is for Following too Closely?
Also, the tow truck driver that night said that if I show up that day and don’t see the officer or other driver than to plead not guilty and it is thrown out. Is that true? I think the officer will show up as I received a notice in the mail saying that the trial date will be amended b/c he couldn’t make the November court date so I am not counting on this method at all. Just curious as it seems like a urban myth that tickets get thrown out because of that or that officers don’t show up. Thanks.
HI Phineas:
This is a very serious charge and is considered just as serious as leaving the scene of an accident or impaired driving.
Upon conviction, it carries with it an accumulation of six (6) demerit points, a fine up to a $2000 (generally $490.00) and may include a jail sentence of up to six (6) months and your driver’s licence may be suspended for a period of two (2) years.
No one wants to be convicted of careless driving. In response to a conviction, Insurance companies will either cancel your insurance or increase your payments by thousands of dollars a year for up to six (6) years.
Section 130 of the Ontario Highway Traffic Act states the following:
Careless driving
130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 41.
You have to review the law on careless driving to understand it.
Here is a case that was heard less than two (2) months ago:
City of Greater Sudbury v. McNeil, 2012 ONCJ 157 (CanLII) – see: http://canlii.ca/t/fqr85
There are other cases:
R. v. Cianchino, 2010 ONCJ 298 (CanLII) – see: http://canlii.ca/t/2br3t
These winning cases, will lead you to other winning cases and upon reading them you’ll find what the
Justice of the Peace considers important or unimportant in these type of careless driving charges.
The traffic charge of “following too closely” – here is what the Highway Traffic Act states:
Headway
Headway of motor vehicles, generally
158. (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s. 158 (1).
Headway for commercial motor vehicles
(2) The driver of a commercial motor vehicle when driving on a highway at a speed exceeding 60 kilometres per hour shall not follow within 60 metres of another motor vehicle, but this shall not be construed to prevent a commercial motor vehicle overtaking and passing another motor vehicle. R.S.O. 1990, c. H.8, s. 158 (2).
If you are convicted of this offence, you would accumulate four (4) demerit points on your driving record with the Ministry of Transportation from the date of the ticket and this would remain on your auto insurance record from 3 to 6 years from the date of the conviction. The fine would be $110.
You should familiarize yourself with the law. In this particular case, the motorist represented himself and won – R. v. Haddad, 2009 ONCJ 536 (CanLII) – see: http://canlii.ca/t/26ps8
Normally in this type of case, the prosecutor would offer a reduced charge (of “following too closely”) and would throw out the careless driving charge. If you accepted this plea bargain, that would mean that you would plead guilty to the following too closely charge and would be convicted of that offence and would have four (4) demerit points applied to your driving record and would have to pay a fine of $110.00.
In order for the prosecutor to prove his/her case against you, the officer who made the decision to charge you and provide you with the ticket. If the officer does not show up, then the prosecutor cannot prove the charge against you and the charge can be withdrawn or dismissed. I say “can” because the prosecutor may decide that he/she does not want the charge to be abandoned (by withdrawing it) and will therefore request that the matter (your trial) be put over to a later date to allow the officer to be present to give evidence. It is up to the Justice of the Peace to either grant the adjournment or not. Often you would be asked if you agree with the request, to which you would have to say no and ask your own questions:
Where is the officer? Did the officer provide the court or prosecutor with an explanation as to why they would not be present? Maybe the officer is in Florida on vacation or out bowling with his/her buddies.
If you took the time and dedicated the necessary resources to show up for your trial and you’ve lost a day’s pay or had to take time off or spent money on gas or had to make childcare arrangements for your kids, it is important to stress this and to remind the Justice of the Peace that you do not want to have to do this again, just because the officer couldn’t have cared less and made no reasonable attempt to show up to the court. The Justice of the Peace would say “yes” or “no” to the prosecutor’s request for an adjournment. If it is no, you win. If it is yes, then you would have to come back, but you would then most likely have a Constitutional argument, based on section 11(b) of the Charter. see: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/
In most cases however, the prosecutor will simply have the charges withdrawn when the officer does not show and he/she cannot prove their charges against you.
In this particular instance, you must fight the ticket for careless driving given that the consequences of a conviction are so severe and will affect your ability to drive (and perhaps work) for the next few years.
Remember to always http:fightyourtickets.ca
Thank you very much!
To the Administrator:
Well, I’ve done it again. In the last 3 years this site has saved me from 2 convictions. The first one was
3 years ago, and the paralegal that I spoke to (and didn’t hire) wasn’t very convincing and I thought rather
than pay him the money that he was looking for (that amounted to 3 of my paycheques) I would look elsewhere.
It was then that I searched on the internet and found this blog. I followed your advice to the t and went to the court and won my trial (refusing the prosecutor’s plea bargain).
Yesterday, I went to court for my speeding trial. Again, the prosecutor who had really bad personal hygiene and an annoying stutter, tried to convince me to take the deal (lowering the speed limit to 15 km’s over – no demerit points). You wrote before that my insurance company would look at two minor convictions (not points) and raise my insurance. You told me before that if the timelimits of about 11 months were not exceeded that I would most likely lose my stay application on timelimits. But the part that worked, which you also told me about, was the remedy concerning the prosecutor’s refusal or inability to provide me with disclosure. The trial took 9 months, but when I got there, the prosecutor still had neglected to provide me with disclosure, even though I had requested it 8 weeks ago.
I objected to the judge and the judge (jp) asked the prosecutor why he had not provided me with disclosure. The prosecutor didn’t apologize and told the jp that he would need an adjournment and would “provide an undertaking” to have the disclosure in my hands before the next date”. I said that it wasn’t good enough and that I used alot of resources to show up and said that I wanted my objection on file. I didn’t want additional excuses from the prosecutor and said that he did not provide us with any explanation for his inability to get me disclosure. I did what you said and told the jp that I wanted an explanation from the jp on record and that I was requesting that the remedy, for this charter breach, be a stay of the speeding charge.
The jp asked the prosecutor why this had not happened the prosecutor said “things happen” but didn’t explain. The jp said that he agreed with my request and that he was providing a stay.
Thanks again, I am so happy that you have created this blog and that you have written the books (which I got to help me with this speeding ticket). Alittle courage and alot of knowlege can assist anyone, especially me.
Hi Sharon:
Thank-you for your support of the website.
The purpose of this site is to empower individuals, without any legal training, to successfully challenge tickets they may have
received. It is for individuals such as yourself, who take time to do the research and have the courage to show up and to
fight their ticket.
See: http://fightyourtickets.ca/about/ . This states “While the author of this site would like to help everyone access justice within our
court system, other commitments will not allow replies on specific charges hence this site was created in the hope that it will help
people help themselves and eventually others as well, who run into similar or identical predicaments.” You get it and have effectively
used the website to win your tickets.
Remember to always http://fightyourtickets.ca
Hi,
I am a 23 year old student, and just received a ticket for 65 in a 50. I have no problem taking blame for things I have done, but I sincerely do not believe I was going the 69 he “clocked” me at, as I had cruise control clicked at 64. Now the problem is, I am going away for Med School and will be out of the country come september. $53 is nothing to me and I would gladly pay it, but I plan on leasing a car while I am at med school and this may affect my ability to do so since I am 23.
What should I do? I have read your blog and appreciate all the advice.
Hi Admin,
I received a ticket yesterday for driving 29km/h over the limit. I was doing 119km/h on a 90 zone.
To be more specific it happened on Highway 11 in Barrie on my way back home.
The officer pulled me over and i adhered to everything he said of course without saying anything. Upon his return he said he had lower the total payable to $138.75 (i guess he saw i had no previous charges, and probably had to meet his quota) He told me i had 3 options and can fight the ticket by following the instructions.
This is the first time i get a speeding ticket and i’m not sure if i should just pay for it (but im worried my insurance will go up) or if i should fight it. Can you please give me some advice?
Thank you!
Umberto
Hi Umberto:
You should definitely fight this ticket, as it will have future consequences on your auto insurance premiums.
Two of these speeding tickets, will provide your insurance company with the justification and rationale to
raise your auto insurance rates for a period up to six (6) years.
You must contest this ticket in court and request a trial by filing a Form 7 or a Notice of Intention to Appear.
See: http://fightyourtickets.ca/tickets/requesting-a-trial/
After you receive your Notice of Trial in the mail, you must receive full disclosure (which means that you
are provided with a copy of the officer’s notes) which provides you with an opportunity to raise a defence
in your trial – see: http://fightyourtickets.ca/tickets/notice-of-trial/ and http://fightyourtickets.ca/tickets/disclosure/
After you have received disclosure, you can begin to prepare for your trial – see: http://fightyourtickets.ca/tickets/the-trial/
Remember to always http://fightyourtickets.ca
Hi Steve:
It isn’t necessarity the small fine that you have to worry about, it is an accumulation of convictions
for speeding, which will inevitably affect your insurance premiums (for up to 6 years) and convictions
with respect to your driver’s licence with the Ministry of Transportation.
For the purposes of renting or leasing a vehicle, this single speeding conviction will not affect your ability to
rent or lease a vehicle.
Remember to always http://fightyourtickets.ca
Hi,
On July 19th, I was stopped by an officer (Picton area) who told me I was speeding at 109 in a 80 zone. I was actually going 85, as set on my cruise control since I started out on that road. Being from out of town, I never do more than 5 or 10 above the limit, since I am not familiar with the road.
The problem is, should I plead not guilty, we live in Quebec. About 4 and 1/2 hours away from this location. It’s a hassle and would cost more in gas than just paying the $95 out right. But I’m not guilty, and the officer even told me she’d lowered the speed to 100 so I’d get a lesser fine.
What can I do? Can the hearing be transferred to a more local court? Say .. Cornwall?
Hi Patrick:
Go to this page on the site, as it explains how you can contest the ticket without having
to actually go to the court in another jurisdiction – see: http://fightyourtickets.ca/tickets/non-resident-information/
Remember to always http://fightyourtickets.ca
On July 20 I was stopped by an officer in the district of cochrane. He said i was doing 136 in a 80 zone. I was going no more than 115 120 I have my G2 and I’m 19 The cop was joking with me and saying when he was my age he got many speeding tickets………To my shock the cop impounded my car and 7 day suspension. I can pick up my car (550) tomorrow and pay a reinstallment fee of 150 for my drivers license First court is aug 16 what do i say or do I leave for school 9 hurs away and can’t afford to make trips back home and i’m totaly lost on what to do next Should i try and get y g’s before the crap hits the fan? any help will be grateful
Hi Admin:
I was pulled over for disobey stop sign, fail to stop a few day ago. The officer came over to my car with a small recording device and told me that he would record any conversation during the pull over. I am just wondering if this is legal?. I know i did make a full stop at the stop sign and turn to look left and right for cars and people but the officer said that i did not come to a complete stop which is untrue. I was stopped by the officer 2 blocks away from the scene. Is there anything i can do to fight back this ticket?. Any advice is greatly appreciated. Brice
Hi Brice:
This has been happening for a while now. Most of the public seems unaware of the technology which police use while pulling over motorists.
The officer that saw you had his videocam rolling, which would have been both recorded and stored. As he was speaking to you in your car, he was
videotaping you from his vehicle and audiotaping you while he stood at your window. You have a right to see the videofootage and the audio taping.
see the following post, which has other posts explaining this new technology that the police use: http://fightyourtickets.ca/in-car-video-cams-toronto-police/
Any member of the public who’s been recorded by the in-car-cameras can access the footage under the Freedom of Information Act. The authority for the collection of personal information is found in:
• The Municipal Freedom of Information and Protection of Privacy Act, Section 28(2)
• The Police Services Act, Revised Statutes of Ontario, 1990, Sections 41 and 42
The information recorded will be used for the purpose of law enforcement. Questions about this collection may be addressed to:
The Freedom of Information Unit
40 College Street
Toronto, Ontario, M5G 2J3
416-808-7850
Requests for access to the information collected may be made under the Municipal Freedom of Information Act, and should be addressed, in writing, along with a payment of $5 (cheques to be made payable to the Toronto Police Service) to the address shown above. In order to verify identity, please provide photocopies of two pieces of government identification – one with a photograph.
Please provide specific details of the requested event such as date, time, location and any other related information.
You should get all of this. but before you do this, follow the following pages – http://fightyourtickets.ca/tickets/requesting-a-trial/ and http://fightyourtickets.ca/tickets/disclosure/.
You might find that after you receive the video, that the footage actually supports you in court and not the officer.
Remember to always http://fightyourtickets.ca
Hi Jamie:
As you know by now, this is pretty serious. It could affect your ability to drive in the future and may affect your driver’s licence and your auto-insurance premiums.
It is possible, depending on where you reside, versus Cochrane, Ontario that you can use the following: http://fightyourtickets.ca/tickets/non-resident-information/
if not, you will have to defend yourself, as a driver with the G2 licence, 19 years old against this alleged racing ticket, in which you were only going at 115-120 km/h
not 136 km/h in an 80 km/h zone.
Given your lack of experience and the fact that this is overwhelming and could lead to extremely serious consequences, I would suggest that you hire representation
in the district of cochrane to defend you. With the new racing laws, the consequences are quite severe, see: http://fightyourtickets.ca/stunt-driving-in-ontario/ and http://fightyourtickets.ca/street-racing-section-172-of-ontarios-highway-traffic-act/
Remember to always http://fightyourtickets.ca
Hello Admin,
I received at ticket from the OPP for 77 in a 50 zone. The officer stated he had clocked me at 80. If I take this ticket to trial is there a chance I could be hit with a higher penalty should the officer present documentation?
Also, on my ticket I have two tick boxes under trial option
►”notice to appear”
► and second tick box for “intend to challenge the evidence of Provincial Offenses Officer. I request that the officer attend the trial.”
Do I tick off both these boxes?
Thanks
- WH
Hi William:
There is not a significant difference between 77 km’s per hour, versus 80 km’s per hour – so the answer is no.
Yes, check both of these boxes.
Remember to always http://fightyourtickets.ca
Coming back from Niagara the other day I came onto the highway via an on ramp (obviously).
I sped up to get in front of a car that was in the right lane. (I possibly should have slowed and dropped in behind him).
Came around the corner about 200 feet after getting into my lane and there was an OPP doing radar in his SUV.
He spun around and came up behind me with cherries on and I pulled over.
I had my 4 kids and wife in the van with me.
He said he clocked me at 133 but issued me a ticket for 120.
The problem I have with fighting this is…
1. If I go through all the trouble of setting up a trial date and what not I will have to travel more then 200kms to get to the court in Niagara.
2. I assume if I take it to court and lose (I’m not sure what basis I can win on anyway yet) the cop/judge can increase the fine back up to what he says he actually clocked me at. SO instead of having a ticket of 120 and 3 points I would have one for 133 and 4 points. (a friend mentioned to me that they can only do this if there is an “R” on the ticket showing it was reduced. I don’t know if this is true although my ticket does not have a visisble “R” on it).
3. If I don’t get the ticket thrown out completely this whole fighting the ticket will have been a waste of time and a significant loss of income and time but on the other hand if I don’t at least try to fight it my insurance will likely go up since I had a charge of failure to show valid insurance from a year ago that I forgot about and was forced to pay although I had insurance I just forgot the slip at home).
4. There is an option on the ticket to have a phone interview with the prosecutor if I live more than 75kms away from the courthouse but I don’t see what speaking to them will accomplish as even if somehow I get them to further reduce the ticket from the 120 to say 115 (which is no points) it is still a conviction and insurance companies don’t seem to care about demerit points but rather convictions.
5. This is all very intimidating.
An update is in order. The advice that you provided me on:
- My speeding ticket
- My unnecessary noise ticket
- My no record of insurance ticket
worked out in my favour. You told me that the Prosecutor had
taken too long to bring my traffic tickets to trial and you instructed
me on the way to apply for an application for a stay.
Followed your advice and submitted the application (the Prosecutor
and the Judge called it a Constitutional motion) a month before the
trial.
There were about 50 defendant’s in the room and when I was called
I nervously walked to the front. I told them before I entered a plea
(your advice) that I wanted my application for a stay of proceedings
heard.
The Judge said that he did not have a copy (lucky I listened to you and
had an extra 2 with me) and I gave him one. He asked the Prosecutor
why it took over 15 months and they started to argue with each other
for about 7 minutes. Finally (at this point I was very nervous) the Judge
told him that he was going to “grant” the stay and asked me if I was a
law student. I told him that I was not and he told me that I had submitted
a very complicated motion in a “timely” fashion and said that I should think
of becoming a law student.
I was so excited and was on top of the world. I asked him if I would get
anything to show I had my charges dropped and he said they had been
“stayed” and said that none of this would be reflected on my driving record.
He told me I could go. I looked at the Prosecutor and he wasn’t happy.
When I went out of the court, people followed me and asked me to do the same
for them. They asked for my business card and how much I charged for this.
I said that I was a driver, not a lawyer (but secretly I thought that anyone who
was paying for a lawyer was wasting their money).
I will highly recommend your website in the future and I already bought your book
at the bookstore on Edward St.
It took time, but it was well worth the experience and the win and the look on the
Prosecutor’s face when the Judge agreed with me. Kudos.
Hi Shea: thank-you for your great story. Justice delayed, is justice denied. The site was designed to achieve the very outcome that you experienced.
Don’t ever say you can’t do it; you can with alittle help and lots of preparation.
Thank-you for sharing this. Remember to always http://fightyourtickets.ca
I do not even know how I ended up here, but I thought this
post was good. I don’t know who you are but certainly you are going to a famous blogger if you are not already ;) Cheers!
I came here looking for a way to avoid paying my 40.00 parking ticket….as I read the comments, it just boggles my mind on how cops can say someone was doing something without any proof? Why cant they use the dash cam for prove that a person as actually committing a driving infraction?? I am sure they are lying half of the time. Makes me sick to think that they are so corrupted and can get away with saying what ever they want.
Thanks so much for posting these tips! Now I’ll finally be able to fight some of those ridiculous traffic tickets that I’ve been getting.
I’m really impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you customize it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one these days.
Let me start by thanking you for the advice that you provided in fighting my ticket several years ago. I was issued a speeding ticket in Barrie. I followed your advice by requesting disclosure and then succesfulluy got the ticket thrown out because the officer forgot to sign it. The prosecutor was an arrogant fella and got really angry when i refused his offer to reduce the ticket to $40 fine and no demerit points..I insisted that I was I wanted the charge to be completely withdrawn since this error was a fatal error and could not be corrected (I dont recall the exact words you asked me to say). Anyways, the prosecutor backed off and infact he asked the jp himself that he wished to withdraw the charge! I could not believe it! I couldn’t have done this without your help.
Now I need help with my 18 year old’s son situation..
He got two tickets for failing to produce his driver licence and excessive noise.
He was in residential neighbourhood around 1 a.m to meet his friends. His friends arrived in another vehicle and honked at him…he honked back. Suddenly out of nowhere a police cruiser appeared with its lights flashing and boxed them in! Talk about using a sledge hammer to kill a fly!. Although my son has a valid driver licence, it was in his wallet inside his back pack in the trunk. He was tired and was returning home after the end of his night shift at a summer job. The police officer’s “take down” or ambush caused him to panic. He was in shock and become disoriented. He was unable to remember that his licence was in the trunk. The officer gave him a ticket for failing to produce his licence.,the second ticket is for excessive noise. The trial will be in June which is within 8 months. He will be requesting disclosure, but how can he fight these tickets…Please help.
Hi A.Davis:
Under section 75 (4), the Highway Traffic Act states the following for Unnecessary Noise:
(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).
This charge represents a potential fine of $85.00 (which doesn’t include the victim fine surcharge or the court fee)
The traffic ticket he was issued when he didn’t produce his valid driver’s licence won’t be an issue. He will just have to produce it to the prosecutor and explain that it was in the trunk in his backpack. Normally, under this circumstance, the prosecutor will withdraw that charge.
The Unnecessary Noise is another matter. Did the other vehicle that initiated the first honk receive a ticket? How does the officer know for sure that it was your son’s vehicle from which the sound of the horn emanated? It won’t be clear how to handle this under your son receive’s full disclosure with respect to the charges.
Remember to always http://fightyourtickets.ca
Hi A. Davis: Thank-you. I’m glad that you enjoyed success in your previous case.
Remember to always http://fightyourtickets.ca
Hello:
An update. I wrote to you almost two years ago and sought your advice.
Thank my lucky stars that I found your fantastic website. I followed it and
wrote to you.
I listened to you and followed the advice that you shared with me.
I don’t normally go out of my way to say thank you, but my wife insisted that
I “do the right thing” – so I’m doing it now.
I beat all of my tickets and a friend (who works in an unnamed insurance company)
told me that by winning I probably saved over $10,000.00 – thanks to you.
I didn’t get your book, but anyone who brings up the subject of tickets, I refer to your
website.
You taught me that driver’s suffer financially when there are convictions on their
driving records, not demerit points. The government has conned alot of people in
Ontario to believe it is demerit points which you want to avoid and not convictions.
My wife wants to send her best wishes as well and wants to thank you for all the hard
work (with little or no rewards) you have done to help us help ourselves.
Hi! I am so upset. I got a ticket today on my way to work. The Opp officer who pulled me over advised me that I was doing 137km on the 400hwy *100km/h. I told him that there was no way I was going that much over(i was doing 120kms – TOPS), and he said I was going to be charged the same amount regardless. He left with my license came back with the ticket and glimpsed and my insurance and that was it. Its a ticket for a $277 dollars. It’s outta this world! I need you help.
Hi Stefanie: It is extremely upsetting to be pulled over and accused of travelling faster than you actually were, especially
when you are travelling at the same speed as other driver’s on the highway.
You now have to sit back and figure out how to approach this.
1. Write down as much as you can about the incident (date, time, place, the condition of the road, where you were
when you first noticed the OPP cruiser, where you were pulled over on the highway, anything you can recall about the OPP
crusier, the officer who issued the speeding ticket, what the officer said to you and how you responded – exactly what he said
and what you said, what did you do next and what if anything, he said to you as he was handing you the ticket. It is important
you write everything down now, while the memory is still fresh and create contemporaneous notes.
2. You have fifteen (15) days to respond to this ticket. On the last day, submit the ticket and request a trial (the location
should be written on the back of your ticket). Before you present the actual speeding ticket to the clerk who will process
your paperwork, make sure you photocopy your speeding ticket (front/back).
3. After you file your ticket, requesting a trial, you will receive a “Notice of Trial” in the mail. Upon receiving your
Notice of Trial, you must then request “disclosure”. The disclosure in this case, represents the OPP officer’s notes about
the circumstances leading to the issuance of the ticket and any discussion, if any, that he had with you during this
stressful event. These notes will put you on notice as to what the prosecutor’s case is against you.
4. If you have any witnesses that were with you at the time that this ticket was issued, obtain a written statement from them
while the information is still fresh and reliable. Start preparing you case now, not later.
Information about the steps described above, can be found in the pages on this website, here are some of them:
Pages:
Book
Guide
Tickets
You’ve Received a Ticket
Options When You Receive a Ticket
Ontario Provincial Offences Courts (Ontario Court of Justice)
Requesting a Trial
Right to Trial in French
Notice of Trial
Application for Stay of Proceedings
Disclosure
Prior to the Trial
The Players
Plea Bargaining
The Trial
Reasons for Having My Ticket(s) Dismissed
Conviction Notice
Appealing a Conviction or Sentence
Non-Resident Fighting an Ontario Ticket
Set Fines and Victim Fine Surcharges
Insurance Rates
Remember to always http://fightyourtickets.ca
why should I wait until the last day to bring in my ticket?
Hi Stephanie: It is to your advantage to wait until the final day.
Remember to always http://fightyourtickets.ca
Excellent site you have here but I was wondering if you knew of any community forums that cover the same topics discussed in this article?
I rec’d a ticket – charged with the offence of using another persons accessible parking permit. We have a been given a court date within 8 weeks. Should i apply for ‘disclosure’? What am I looking at if I plead guilty?
Financial fine and or points?
Hi Scott:
This is a serious offence, with potentially serious consequences.
Here is what the Highway Traffic Act states:
Offence, accessible parking permit
27. (1) No person shall,
(a) have in his or her possession an accessible parking permit that is fictitious, altered or fraudulently obtained;
(b) display an accessible parking permit otherwise than in accordance with the regulations;
(c) fail or refuse to surrender an accessible parking permit in accordance with this Part or the regulations;
(d) use an accessible parking permit on land owned and occupied by the Crown otherwise than in accordance with the regulations;
(e) give, lend, sell or offer for sale an accessible parking permit or permit the use of it by another person otherwise than in accordance with the regulations; or
(f) make, permit the making of, give, lend, sell or offer for sale a fictitious or altered accessible parking permit. 2009, c. 33, Sched. 26, s. 3 (4).
Penalty
(2) A person who contravenes clause (1) (a), (b), (c), (d), (e) or (f) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $5,000. 2001, c. 32, s. 26 (2).
Inspection, accessible parking permit
28. (1) Every person having possession of an accessible parking permit shall, on the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking are being complied with. 2009, c. 33, Sched. 26, s. 3 (5).
If the permit number is not registered to the driver or a disabled passenger using the vehicle, the officer can charge the abuser with misuse and a justice of the peace can levy a fine of up to $5,000.
You must seek disclosure immediately and fight this ticket. No doubt, if you can establish that this is a first offence of its type,
the Prosecutor will seek a fine closer to the minimum of $300.00, than the maximum of $5000.00. The amount of set fine on your ticket
must state N.S.F – as this sanction is left up to the Justice of the Peace hearing your charge.
Remember to always http://fightyourtickets.ca
I have to start by saying thanks again for this book, guide and website. It’s helped me successfully fight one ticket, and now I’m trying to help my brother. He was charged mid October 2012. Yesterday, he got an adjournment because he was only given partial disclosure. Now his trial is set for mid June, but the JP promised no further adjournments. So that’s nine months from the date he was charged. I have two questions.
A. Is it too late to apply for a stay?
B. Would he even qualify for a stay with only nine months from the date he was charged to the date of trial?
Hi Adjourned:
A – It isn’t too late to make an application for a stay of proceedings pursuant to
sections 11(b) and 24(1) of the Charter.
B – Unfortunately, nine (9) months wouldn’t persuade a Justice of the Peace that
your brother’s Charter right to a speedy trial was violated. Better to focus
on the merits of the case and prepare for a trial. Hopefully the disclosure
request will ensure that your brother receives full disclosure before the
matter proceeds to trial, to allow your brother to assess the
Province’s case against him and to adequately prepare for matter in mid-June.
Remember to always http://fightyourtickets.ca
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