Step-by-Step Guide to Fight Your Ticket

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:

  1. You’ve received a speeding or parking ticket.
  2. 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

  3. The Notice of Trial
  4. 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

  5. The Trial
  6. 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.

  7. Appealing Your Conviction
  8. 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.

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  53. Hi George:
    In most cases, Park within 15 m of intersection is a $70 fine,
    with option “A” providing you an opportunity to pay the reduced
    fine of $50, if the early payment option is selected and you
    pay the fine within 15 days of the alleged parking infraction.

    If you go to court to contest the parking ticket and your
    convicted, then you’ll be on the hook for the $70 and in addition
    to this, you’ll have to pay the conviction charge (normally
    ranging a charge of $25) in addition to the $70 and the victim
    surcharge fee.
    On the other hand; if you fill out a Notice of Intention to Appear
    requesting a trial to fight your ticket, you will most likely
    find, on the day of the trial, that the prosecutor will reduce
    the fine in effort to deter a trial.
    You will have an explanation, but one which most likely fail when
    you describe the circumstances leading up to the issuance of the
    parking ticket. Some things to consider.
    Remember to always http://fightyourtickets.ca

  54. Hi, I received a parking ticket on an Ottawa street, after which I realised that I had indeed parked in a no parking zone. The problem is the following: there were two signs on the pole, located two parking spaces away from the intersection. Pointing toward the intersection the sign permitted one hour parking (for those two spaces). Pointing away from the intersection up the residential street the sign said no parking. This was so contrary to expectations – given that typically one MAY park on a residential street, but NOT too close to the intersection – that I interpreted the signs according to expectations rather than their actual indications. It still baffles me why on that particular street no parking is permitted at any time (except for card-holding residents) whereas every other residential street in the area with which I am familiar allows one hour parking on weekdays.

    Two questions: Given that I did actually violate the parking restriction indicated by the signs, do I have any hope of contesting this? The irony is that the two parking spaces near the intersection were empty and available, but I mistakenly thought that that was the no parking zone.

    Secondly, how much additional fines and costs must one pay if one contests and loses? Thank you.

  55. Hi, I received a parking ticket on Nov 1 stamped at 1:15pm. My car was parked on NR 1 Henry St. The infraction was “Park-Signed Highway-During Prohibited (Day/Time)”. What confuses me is that there is a parking notice sign indicated the parking time. I thought I was within the allowed hours, so I paid my parking for $4 and left. After 6 mins I left my car, tickets guy came…WTF!

    Another question is that if I fight for my ticket but I did not win the trial, does this mean that it will impact my insurance for next year? Thanks!

  56. If you plead guilty or automatically pay a traffic ticket or speeding ticket, you are admitting you are guilty of the offence. Any traffic ticket on your driving record may significantly affect your insurance rates and you may also be accumulating demerit points which will lead to a licence suspension.

  57. Thanks.
    Does that mean that I should go for the trial option and appear in court, or choose the first attendance option? Is there a big probability that the issuing officer will appear in court during the trial?

  58. I received a parking ticket on Nov. 1st stamped at 4:14pm. My car was parked in front of Chapters on Rathburn Rd. near Square One. The infraction was “parking vehicle on private property without owner’s consent”. What confuses me is how do I get the owner’s consent? I thought this was a public parking area as there were several stores around. Is there a maximum time to park in such an area? I don’t remember seeing a sign pertaining to that anywhere.

    I left my car beside scores of other cars from 11am to 6pm. I went to Toronto that day, taking the Go Transit bus that picks up passengers beside Chapters. When I returned, I even spent 20 minutes at Chapters but didn’t buy anything. I guess the Mississauga parking officer was vigilant in catching people who parked too long in the lot.

    The early payment fine is $25. Do you think it is worth fighting this ticket? Thanks

  59. Hi!I have got a speeding ticket. The court date is in Spetember,and there are less than 9 weeks for me to request the disclousure. I wonder what I should do. Please advice.
    Many thanks.
    Cen

  60. I have two tickets to fight. The first is my daughter’s, she was pulled over for speeding, and when she produced her licence it was discovered that her licence had expired 5 months earlier. She received her G2 in 2009 and her G in 2012. Apparently her G expired in March 2013. The officer charged her with driving with a suspended licence with a $300.00 fine. What is the best way to fight this? There are no points but it is considered a major infraction against her licence.
    Second, my son received a speeding ticket from an airplane. The cop on the ground that issued the ticket stated that they had him going 139 in a 100. Of course my son says he was not going that fast, but what is the best way to fight this ticket and is there any prior decisions that I should use in his favour
    I appreciate any help or advice that you may give me

  61. Hi Admin:
    I need your help…my son’s trial is on Wednesday for the charge of excessive noise and failing to produce his licence. We are hoping that the officer’s does not show up and both charges can be dismissed.
    We just realized that the trial will be a little more than 10 months after the date of the offence. Is it possible, if the officer shows up, to ask for the charge to be dismissed because the trial has taken too long? We requested and received disclosure, but we cannot read all of the officer’s handwritten words. Also, he used a lot of abbreviations which we can’t really figure. Can we insist on getting disclosure that is legible or typed and then apply to have the charge within as the new trial will probably be in more than 11 or 12 months… Thank you.

  62. hello Adimn:
    I hope you are keeping well.
    I need your help
    My son has received the disclosure relating to two tickets for
    1) Unecessary noise HTA 175(4) and ii) Driver Fail to surrender Licence
    We thought that the first ticket was for honking at a GO station parking when he met his friend
    who was driving another vehicle, but its seems to be for squealing tires.
    The disclosure notes are hardly legible, but this is what we can make out

    “N/S EGLINTON GO TRANS LOT HEAR TIRES SQUEALING CARS ACCELERATING LLOK S/B INTO OTH GO LOT ON S/S EGLIN OBS 2 ??S
    1 SIL CAR
    1 DARK CAR
    DOING DONUTS IN
    LOT DRIVE AT AN UNSAFE SPEED FOR LOT SIZE
    INU? BOTH VEHS AS THEY EXIT ONTO BELLAMY RD S TOWARDS ADANAC

    FURTHER TO PREVIOUS TICKET FAIL TO PRODUCE LICENCE.

    My son’s friend who was driving (the dark) car got a ticket for unecessary noise too. He paid the ticket.
    Please advise on how we should proceed. You advised earlier that the 2nd ticket for not showing his driver licence could be withdraw if he shows it to the prosecutor and explain that the licence was in his pack in the trunk of the car. We have both charges dismissed. How can we refuse if we they offer to drop the failing to produce licence charge if he plead gulity to the unecessary noise charge. Also, can he ask for the matter to be adjourned so can get the typed officer’s notes.. Thanks in advance for your help.

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  64. I should also point out I asked for the name and contact number for the other driver pulled over because he was a witness and I wanted to talk to him. The prosecutor refused. Am I not entitled to know the names of witnesses within the knowledge of the Police? I do not believe there is any privacy or confidential reasons why they would not give this to me. My trial is on June 26th so if I have to bring an Application I need to rock and roll I guess

  65. I am a little confused about Stays as it relates to lack of disclosure. I was caught speeding by an airplane near Cobourg. Two of us were stopped at the same time. I requested disclosure and specifically the name of the second officer and transcripts of the voice communications between the aircraft and the police officer who stopped me. The Crown did not provide it and I followed up with a second written request. He refused. When I went to trial I complained to the judge that I did not get sufficient disclosure and the Prosecutor advised the court that he advised me that he would not give it to me. So I asked the judge to stay the proceedings and he said no and was I ready for trial. I said no because my defence needed this disclosure. He said OK do you want an adjournment? I said OK because I was not ready. It was adjourned and so I wrote the prosecutor again asking to be allowed at least to listen to the tapes because I found a case from Cobourg, same prosecutor where the JP told him he should allow a defendant to at least have the opportunity to listen to the tapes. I have got no response. So do I have to bring an Application for Stay or do I just go and ask again. In between the prosecutor got an adjournment because the policeman was not available. I am right at 10 months. If I have to bring an Application I think I can serve the federal and Provincial AG’s in Toronto but how do I serve the court in Cobourg. Do I have to drive there or can I fax it? Thanks This site is the best!!!!

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  67. 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.

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  68. 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?

  69. 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

  70. 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?

  71. 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?

  72. 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

  73. 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.

  74. 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.

  75. 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

  76. 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.

  77. 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.

  78. 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.

  79. 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.

  80. 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.

  81. 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!

  82. 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

  83. 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.

  84. 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.

  85. 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

  86. 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

  87. 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

  88. 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

  89. 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

  90. 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?

  91. 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

  92. 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

  93. 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

  94. 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.

  95. 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

  96. 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.

  97. 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

  98. 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.

  99. 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

  100. 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

  101. 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

  102. Hi Admin
    Thank you very very much for your extremely detailed and prompt response. I really appreciate it. Just one quick clarification. The Officer marked “No Witness” on the Witness Section in my ticket. But, my sister was in the car, and hence a witness. Would this not be considered a mistake on the ticket and grounds for dropping the case? If yes, then what should I say to get the JP to dismiss the case. Thanks again.

  103. I just got a ticket for doing 138 in a 100 zone. The officer was parked on the highway and I presume he got me with a radar gun? I actually didn’t think I was going that fast (really) although I was definitely going well over the 100 limit. The set fine is for $200 and the ticket doesn’t mention any demerit points. I have a few minor speeding offences from the last 2 years, and my insurance premium is extremely high as a result.
    From this info, does it sound like it would be worth contesting this ticket? I want to avoid any further black marks on my licence, or further increases in insurance premiums if possible, but am concerned that if I fight and lose, I may receive a bigger fine / legal costs, and demerit points etc.
    Any advice would be greatly appreciated:)

  104. Hi Sydney:
    This offence carries with it, upon conviction, a hefty fine ($7 per kilometre over the speed limit =
    $7 X 35 = $245 this doesn’t include the Victim Fine Surcharge of $50 or the $5 Court Fee = $300.00)
    and an accumulation of four (4) demerit points on your driving record with the Ministry of Transportation.

    The demerit points will remain on your record for a period of two (2) years from the date of the
    alleged offence. Your insurance company however, will keep it on your records with them for
    a period of three (3) to six (6) years from the date of conviction (not the date of the offence).

    see: http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/

    It doesn’t matter that the officer did not indicate that there was a witness on your speeding ticket.

    You decide whether or not you have a witness, not the officer who issued you a speeding ticket.

    You can present anyone as a witness, as long as they actually witnessed the event in question.

    There is no requirement for you to make any disclosure to the prosecutor or crown, you are the
    defendant. The onus is on the prosecutor to establish that you were travelling 35 km/h over the
    posted speed limit – there is no onus on you to establish that you were not speeding.

    There are several steps that you must take before the trial:
    – You will have to go to the office that is indicated on the back of the ticket you received.

    – You must go and fill out a “Notice of Intention to Appear” requesting a trial, within 15 days of
    having received the ticket. see: http://fightyourtickets.ca/tickets/requesting-a-trial/

    – After you have a completed and handed in you request for a trial, you will have to wait to
    receive a “Notice of Trial” in the mail. see: http://fightyourtickets.ca/tickets/notice-of-trial/

    – When you receive the Notice of Trial, you must then make a request for complete
    disclosure from the prosecutor. This means that all of the notes or anything else that the
    prosecutor may rely upon (from the officer who issued you the ticket) must be provided to you
    prior to the trial date. see: http://fightyourtickets.ca/tickets/disclosure/

    – If the date of the trial exceeds timelines that section 11(b) of the Charter
    allows, then your rights under the Charter have been violated and the Justice of the
    Peace (the “JP”)must provide you with a Stay of Proceedings, as long as you have followed the
    correct procedure and have made application for this Stay.
    see the following link:http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/

    There are many circumstances that will allow you to win your ticket:
    If the officer who issued you the ticket does not show up, then the prosecutor will not be able
    to prove their case, and under these circumstances would most likely withdraw the charge.
    If the prosecutor refuses to withdraw the charge (they are not required to) then he/she would
    have to request, from the JP, another trial date. If this happens, then you should strongly
    object for the record, indicating that you have taken the time and used resources (and a perhaps
    a day off) and that you strongly object to having the matter, especially when you did not create
    the very ticket in dispute and are merely responding to the charge for the alleged offence.
    You should also ask for specifics as to why the officer is a “no show”, as the reasons for the
    absence are very important. If you didn’t show, the prosecutor would proceed with the trial in your
    absence and would not request an adjournment on your behalf. If the JP considers and approves
    this request, then the trial date for be moved into the future and this will improve your chances of a
    successful section 11 (b) argument later (see Application for Stay of Proceedings above).

    There are other strategies: see http://fightyourtickets.ca/tickets/reasons-for-dismissal/

    Remember, always http://fightyourtickets.ca

  105. Hi. Your website is very detailed. I got a speeding ticket for 135 kms. in a 100 speed zone. The Officer marked no witness on the ticket, even though my sister was in the car. Can this be treated as a mistake on the ticket? Can I present my sister as a witness in the trial? Do I have to advise the prosecutor or the court before time that I will be presenting a witness during the trial? Thanks in advance for your help.

  106. Hi Sash:
    Don’t attempt to settle this matter pre-trial, as it detrimental to you and only in the interest of the prosecutor. You have already indicated that you are not interested in settling this matter via “first attendance”.

    Before you’re in any position to access whether or not you have a defence to the charge, you must first apply for a court date (Notice of Intention to Appear).

    After you have done this and receive a Notice of Trial in the mail, you must then request disclosure respecting the speeding charge. You should remember: If you were allegedly travelling 40 km/h, in excess of the posted speed limit, the fixed fine amount of the speeding ticket is huge and upon conviction, you would receive four (4) demerit points.

    Accumulation of four (4) Demerit Points, upon conviction:

    Exceeding the Speed Limit by 30-49 Km’s over posted speed limit)- Section 128 (b) of the HTA = See Section 128 (14) (c) of the HTA which charges the driver speeding $ 7 per each kilometre driven over the posted speed limit; if the same offence is committed in a construction zone (see Section 128 (14.1) (c) of the HTA), the $ 7 fine doubles to $14 per each kilometre driven over the posted speed limit.

    Four demerit points is severe and the financial consequences may even be more dramatic, as they boost up your auto-insurance premiums for the next three to six years.

    You have to fight this – follow the guide on this site to proceed through the situation in your driving life.

    Take each step carefully and study your options. You can beat this.

    Remember to always http://fightyourtickets.ca

  107. Hi,

    If my intention is to go to trail for a speeding ticket… 4o km over the limit via highway. Would a first attendance be beneficiary? I am not interested in settling via first attendance. Thanks

  108. Hi Jacob:
    See a previous post “Speeding – Amending “Up” the Speed on the original ticket at Trial” at http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/. Unfortunately,
    if an officer pulls you over when you are travelling at 130 km/h in a 100 km/h and presents you with a speeding ticket for say, 115 km/h and you decide to contest the ticket, the prosecutor can ask the
    Justice of the Peace (the “JP”) to “amend-up the speeding ticket to the original speed that the officer claims that you were actually travelling. In most instances the prosecutor will state that the officer
    only reduced the speed on the ticket to discourage the motorist from contesting the ticket and to ensure that demerit points were not accumulated. Insurance companies will increase your insurance
    premiums for approximately six(6) years if you are convicted of two speeding offences, with or without the accumulation of demerit points.

    You can submit your Notice of Intention to Appear. The prosecutor will not attempt to pressure you or coerce you. If that was to ever happen however, you could simply say that you were not prepared
    to discuss any aspect of you case, until the trial date.

    You must state that you are going to challenge the evidence of the officer. This means that the prosecutor cannot prove his/her case against you without the presence and the evidence of the officer
    who issued you the ticket. It is not unusual for the officer’s who issue tickets to neglect to attend the court on the date of the trial, for a number of different reasons.

    Once you have completed a Notice of Intention to Appear, you will receive a Notice of Trial in the mail. Upon receipt of the Notice of Trial, you must request full disclosure, this will put you in a position
    where you will know, what the officer’s assertions are, and the standard you will have to meet in order to defend your case,

    Remember, always http://fightyourtickets.ca

  109. Hello,
    I’m currently debating setting a trial date for a speeding ticket. The ticket was already reduced to 20km/h over the posted limit. Though the officer suggested I select option 3, as it may result in a reduced fine. The officer did not provide me with an indication that she was going to attend the court date or not if i chose to file for one. My concern regards my insurance premium, which is tied to any convictions levied against me.

    The ticket was given on a provincial highway, so i am to attend the provincial court house to submit a Notice of Intention to Appear. I’m unsure if they will try to pressure me to meet with a prosecutor on the day that I show up to file the notice.

    In the event that I do meet with the prosecutor when I go to file the notice to appear, is it possible to wind up with an agreement where I pay the fine but avoid demerits/a conviction? My primary concern is my insurance being affected for next 3 years.

    Lastly, I’m wondering if I must check the box on the notice of intention to appear that says I intend to challenge the officer’s evidence. I don’t believe I would have much of a defense in court; the officer may have radar clocked me, I’m unsure.

    Any insight would be greatly appreciated! In any case, you website is wonderfully helpful.

  110. Hi Perry: Don’t show or give the prosecutor anything that you intend to use in your defence. You don’t give these to the prosecutor at anytime. If you are going to have witnesses testify, then they have to be present to provide testimony.

    You can’t introduce statements as part of your defence, you must have witnesses provide testimony at your trial. If your witnesses need to refresh their memories, you can introduce their statement at the trial, before your witness testifies.

    Remember to always http://fightyourtickets.ca

  111. HI Admin,

    I got a ticket for Careless Driving and am scheduled to meet the Prosecutor in a First Attendance meeting. Do I need Letter of Eyewitness Testimony, Letters of Character Reference for this meeting ? Also, when should these letters be given to the prosecutor: at First Attendance meeting, before the Trial, or during the Closing Argument at the Trial ?

    Many thanks. Your web site has been very helpful in preparing for my case.

  112. Hi Brian: Always check this box, as you do intend to challenge the officer’s evidence. The Prosecutor cannot make his/her case without the officer presenting themselves to give
    evidence. If the officer doesn’t show, the charges will normally be withdrawn by the Prosecutor. If you agree with the evidence of the officer who issued you the ticket(s), then
    it is unnecessary for the Prosecutor to present the officer and you lose.

    Remember to always http://fightyourtickets.ca

  113. Thanks admin,

    Last thing – do I check the box ” I intend to challenge the evidence of the Provincial Offenses Officer. I request that the officer attend the trial” ??

  114. Hi Brian:
    Insurance companies will nail driver’s on convictions, not demerit points accumulated as a result of a conviction.
    If you plead guilty and the offence includes the possibility of accumulating four (4) demerit points, then a guilty
    plea will result in a conviction and the accumulation of four (4) demerit points.

    If you show up and inform the prosecutor that you will be preceding to trial, it is not unusual for the prosecutor
    to arrange a plea bargin where they will plea you down and offer consequences that are much less severe then
    those consequences associated with a guilty plea. By showing up to the trial, the possibilities of the charge(s)
    going away raise dramatically.

    Remember to always http://fightyourtickets.ca

  115. Thanks Admin,

    Is it possible that I “plea not guilty” and I still end up getting the 4 demerit points? I’m not too concerned about the money owed, its the points that I want dropped. This option would be the best course of action with no prior history?

    Thanks,

    Brian

  116. Hi Brian: Go with the “Plea of Not Guilty”. You must make up your mind about one of the options, before the 15 day time limit and have it in the possession of the courts during
    this time. Ensure that you photocopy the ticket before you send it and make sure that they receive it as close as possible to the 15 day time limit.

    Remember to always http://fightyourtickets.ca

  117. Hi,

    I just got a parking ticket, going 134K in a 100K, 34 over. Ticket was for 4 demerit points. I have never gotten a ticket before so I am new to all of this. The cop said I had three options, 1) pay the ticket and get the points 2) Plea of guilty 2) plea of not guilty – the last two options I think I’d have to actually go to court. He explained to me that I should choose one of the last 2 options, but I cant remember which one. I think he said “you should plea guilty but for lesser chargers, and most likely with your history of no tickets, theyll drop the point” – is this the best course of action for me to take? Under option 3, it has a check box saying “I intent to appear in court to enter a plea of not guilty at the time and place set for trial” – this is the only reason why I think option 2 is what he was telling me to do, because I distinclty rememeber him saying to “plea guilty for lesser charges”

    ALSO,
    For the 15 days rule, do they have to RECEIVE it before 15 days, or do i have to SEND it before 15 days?

    I got the ticket on Feb 4th, and today is Feb 11th, 2012 – so it’s been 7 days – could you please advide ASAP so I know what to do.

    Thanks so much!!

  118. Hi,

    I just got a parking ticket, going 134K in a 100K, 34 over. Ticket was for 4 demerit points. I have never gotten a ticket before so I am new to all of this. The cop said I had three options, 1) pay the ticket and get the points 2) Plea of guilty 2) plea of not guilty – the last two options I think I’d have to actually go to court. He explained to me that I should choose one of the last 2 options, but I cant remember which one. I think he said “you should plea guilty but for lesser chargers, and most likely with your history of no tickets, theyll drop the point” – is this the best course of action for me to take? Under option 3, it has a check box saying “I intent to appear in court to enter a plea of not guilty at the time and place set for trial” – this is the only reason why I think option 2 is what he was telling me to do, because I distinclty rememeber him saying to “plea guilty for lesser charges”

    ALSO,
    For the 15 days rule, do they have to RECEIVE it before 15 days, or do i have to SEND it before 15 days?

    I got the ticket on Feb 4th, and today is Feb 11th, 2012 – so it’s been 7 days – could you please advide ASAP so I know what to do.

  119. I wrote to you quite some time ago, seeking direction and advice. The damn lawyer tried to rope me in by asking for $2000.00 for something he called a retainer. Lucky I listened to you and followed my intuition. Receiving the advice your website (you instructed me to read your website and to do my own research) gave me was instrumental in my win today. I was found not guilty on all 4 charges and the judge actually said sorry, which made me feel great. Getting advice from fightyourtickets is a no brainer and beats having to lay out a $2000 retainer. Glad I found this learn it yourself and win your case by yourself. I will never go to a lawyer again over traffic court. It is much easier if you understand it. Thanks eversomuch.

  120. Hi Christian: You must request disclosure now. After you do this, submit your application for stay of proceeding.
    You must read the different sections of the website that pertain to your specific situation. You have access to the
    different links that are situation specific.

    June isn’t far away and will be here before you know – proper preparation is half of the recipe to win your matter.

    Remember to always http://fightyourtickets.ca

    I was charged with two tickets on may 8th 2011: speeding (77 in a 50) and failure to surrender vehicle permit (I had a photocopy, but only had the front and didn’t have the back). I received my notice of trial and my trial is dated for june 6th 2012 (13 months later!!) for both tickets. what should I do?

  121. thanks so much! when would you advise on requesting full disclosure, and when should I send an application for stay of proceeding? it seems so early to send an application for stay of proceeding.

  122. Hi Christian: You should most certainly proceed to your trial. Prior to going however, you should ensure
    that you receive full disclosure – see: http://fightyourtickets.ca/tickets/notice-of-trial/ and http://fightyourtickets.ca/tickets/disclosure/

    If you show up the vehicle permit charge will be dropped on the production of a valid vehicle permit on the date of the trial. The fact that
    you had a valid one at the time versus a photocopy can be confirmed by the Ministry.

    You should also serve the Prosecutor, the Justice of the Peace, the Ministry of the Attorney General (Provincially and Federally) with
    an Application for Stay of Proceeding, given the inordinate amount of time to move to this charge to a trial – see:
    http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/

    Read these sections very carefully and follow the instructions provided.

    If the Justice of the Peace does not toss your charges based on a violation of section 11(b) of the Charter, then it will be
    the position of the Prosecutor to lower the speeding charge from 77 to 75 km/h in a 50 km/h zone (and there will be no
    demerit points accumulated).

    The other reason that it is important to go, is that the officer who issued you the ticket, over a year earlier, may not show-up
    which means the Prosecutor cannot establish his/her case against you and the charges are tossed. This is not out of the
    realm of possibility.

    Remember to always http://fightyourtickets.ca

  123. hi,

    I was charged with two tickets on may 8th 2011: speeding (77 in a 50) and failure to surrender vehicle permit (I had a photocopy, but only had the front and didn’t have the back). I received my notice of trial and my trial is dated for june 6th 2012 (13 months later!!) for both tickets. what should I do?

  124. Thanks for the response!

    That system is entirely unjust. I was home for the holidays and I gather from my conviction notice that my trial date was during the period I was home.

    Now I am in a different province and I am not flying back there only to ask for it to be re-opened. I mailed them a letter.

    They are at fault and cannot expect me to return home twice because of this ticket. Once to ask for a re-opening, and then again for the future trial date.

  125. Hi Spencer:
    You were convicted in absentia, due to the fact that you never received the Notice of Trial in the mail.

    Unfortunately, the experience that you have gone through is not uncommon; many motorists
    fine themselves convicted when they never received a Notice of Trial in the mail.

    It is interesting that the courts can always manage to send you a Notice of Conviction and information
    about the conviction and the outstanding fine, but they can’t manage to send you the Notice of Trial.

    You must now go in front of a Justice of the Peace (the “JP”) and ask for a re-opener. This means that you
    must go down to the same office you sent the notice to and fill out a request, in writing.

    The Justice of the Peace will swear you in and then record the proceedings when the Justice of the
    Peace asks you questions and you provide the answers. You’ll be requesting a new trial date, in order
    to challenge the ticket that you received.

    More information can be obtained from this link http://fightyourtickets.ca/tickets/conviction-notice/.

    Based on the information that you have provided, the JP will most certainly provide you with a new
    trial date.

    Let me know what happened and when the offence took place and when the new trial date is
    scheduled.

    Remember to always http://fightyourtickets.ca

  126. Hi,

    I got a ticket in September. I mailed in my choice to fight the ticket, and on the back indicated my return address.

    Just today I got a Notice of Conviction in the mail saying: You were convicted in your absence because a response to the Offence Notice was not received by the required date or you failed to appear for court when required.

    I definitely sent my response by the required date. I never received any letter from them before indicating when my court date would be.

    The letter I received today was also sent to the wrong address.
    I live on Dunlop St. and the letter was mailed to Sunbar St.
    Somehow this one arrived because the postal code and other information is correct.

    I assume they mailed me my court date but it didn’t arrive because of this incorrect address.
    What grounds do I have to fight it now?
    Ideally this mess up can get it completely thrown out, but if not I’d still like to be able to get a proper court date provided to me.

    Thank you!

  127. Hi Trish:
    If you have already done this, then it is done. When a car is ticketed and that ticket is disputed or contested, the Notice of Trial is sent to the registered owner of the vehicle.

    In this case, the registered owner of the vehicle that you were driving is your dad. When you submitted your “Notice of Intention to Appear” form (Form 7Provincial Offences Act – Regulation 950 – See section 17.1 of the Provincial Offences Act) you indicated that you were appearing as his agent.
    The Notice of Trial (also called a Form 8) is then sent to your dad, at his residential address, because that is the address connected to the vehicle that you were operating (that is registered with the Ministry of Transportation).

    If the Prosecutor raises the fact that it was your dad’s vehicle and objects to the Application of Stay of Proceeding filed in your name, then you may have to provide the court with an explanation as to why you filed it, rather than your dad. You indicated in the Form 7 (Notice of Intention to Appear) that you were the agent, only because the ticket was issued to your dad’s car, but you were the one operating it at the time, not your dad. You decided to take responsiblity for your own actions, something that the court has a high regard for.

    Keep in mind, this is only a parking ticket and the court (which is another way of saying the “Justice of the Peace presiding over the trial”) will acknowledge this.

    You’ve shown responsibility and courage in pursuing this ticket. Remember, always http://fightyourtickets.ca

  128. Sorry, I am still confused. If I was the one who was driving my dad’s car that day and got a parking ticket, I would assume I would be the one who is applying for the application of stay am I correct? When I went to hand in my intention to appeal I checked the box saying I will be representing my dad since it’s his car, but I was the one driving so he won’t even know what happened that day.

    But since parking tickets are based on car/license plate, the trial notice was sent under my dad’s name. Anyway I served the Application of stay under my name and sighed the sworn statement. Hopefully this will not screw up my chances if I’ve done it wrong.

    Sorry for the questions, I’ve never done this before.

    Thanks!

  129. Hi CanuckDuck:
    In order to avoid time limit issues, submit your application at least twenty (20) days prior to the scheduled trial.

    You must look to the Courts of Justice Act:
    Notice of constitutional question

    109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances:

    1. The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by-law made under such an Act or of a rule of common law is in question.

    2. A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario.

    Failure to give notice

    (2)If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be.

    Form of notice

    (2.1)The notice shall be in the form provided for by the rules of court or, in the case of a proceeding before a board or tribunal, in a substantially similar form.

    Time of notice

    (2.2)The notice shall be served as soon as the circumstances requiring it become known and, in any event, at least fifteen days before the day on which the question is to be argued, unless the court orders otherwise. 1994, c. 12, s. 42 (1).

    The main points to remember are to:1.Write your application for stay of proceeding and put it together as a document, which willserve as a motion for the constitutional question.Make six (6) copies and as you drop each one off (or have someone assist you in this regard)Ensure that you get all the applications stamped, and leave one with that person who stampedyour application. The example I will use is in Toronto. I have prepared and signed off oneapplication for stay of proceeding and I have made five (5) additional copies of it.2.Serve it at the very latest, 15 days prior to the day that your trial is scheduled, to the AttorneyGeneral of Canada, Attorney General of Ontario, the Prosecutor at the Provincial Court whereyour trial is scheduled and to the Justice of the Peace, at the office where you applied for acourt date to fight your ticket.

    Remember to always http://fightyourtickets.ca

  130. Hi Trish: If you already stated that you will be representing him in court, the statement and Application of Stay of Proceeding should be signed by your dad.

    It’s nice that you are representing his interests in court.

    Remember to always http://fightyourtickets.ca

  131. Hi,

    If the trial notice came in my dad’s name even though I stated that I will be representing him at court, would it still me me that signs the statement & application of stay?

    Just wanted to make sure before I hand it in.

    Many Thanks!

  132. Hi there,

    I received a ticket for 107 in a 60 on September 1, 2011. I just received my notice of trial for September 5, 2012. Is the one year period eligible for a Stay of Proceedings. I’m worried that if I apply for a stay now, they might bump up my trial in order to make this Stay application ineligible. When is the optimal time to apply for a stay?

    Thanks for your wonderfully informative site!

  133. Hi Trish:

    If you received the parking ticket, while in the possession of your dad’s vehicle, then you should sign the sworn statement and the application for stay of proceeding.

  134. Hi Admin,

    Your site is very informative and is great for people like me, who know nothing about fighting tickets.

    I’m fighting a parking ticket and is in the prcoess of compiling the Application of Stay. If the car is under my dad’s name but I will be fighting the ticket since I was the one driving it at the time, would the Applicant be me or my dad? Also who signs the Sworn Statement?

    Thanks for your help.

  135. Dear Administrator:
    I am a middle age women who does not know a great deal about cars or traffick tickets or how to defend myself in the courts.

    The officer said that my muffler was hanging down abit when he pulled me over and proceeded to give me a number of tickets. I think he had a slow day and a quota to meet.

    I heard from a friend about your blog and I went to it and made the decision to wait a full 15 days before I brought the tickets in and requested several trials. I carefully followed your instructions and to make a long story short, I was able to go to court (after receiving disclosure and submitting an application for stay of proceedings) and win these tickets outright.

    You have empowered me and I have helped others since I am more confident now and am familiar with the system. Your site is invaluable and helps prepare the most inexperienced layperson. This happened a year ago and have told my friends at work about this experience and referred them to fightyourtickets.ca and they said I should write and thank you. Thank-You

  136. Hi Bill:
    If you attend the first attendance meeting and find that what is offered is unsatisfactory, then you can reject the offer and proceed to the trial. It will be within your control to say yes or no to the offer provided.

    Often people capitulate based on fear or lack of understanding of the process. Remember, more often then not, the same offer or perhaps even better will be made to you by the prosecutor prior to your trial
    on the scheduled date.

    Remember to always http://fightyourtickets.ca

  137. Hi, could you please clarrify one point made in this article? It is about the request of a trial date and not a first attendance meeting –
    You had stated that attending a first attendance meeting for the purpose of plea-bargaining would allow the officer to not be obligated to attend trial ??? Does this mean that if I go to a first attendance meeting before trial, and regardless of whether a bargain is made or accepted, that I will lose the possibility of having my ticket dismissed (should it still go to trial) on the basis of the issueing officer not being present?
    Can I go to the first attendance meeting and try to bargain with the prosecutor then, if I don’t like what’s offered, attend the trial and hope that the officer is absent, and the ticket is dismissed? Or if I go to the first attendance, will that mean that there will be no option in the future to make a motion that the charges be dismissed as a result of an abscent officer? I thank you very much for this helpfull information!

  138. Hi Marc:
    It isn’t the setting of the trial in under six (6) months, this time limit deals with the charging of the offence within six (6) months and a day. If you are not charged within 6 months and a day,
    the prosecutor must drop the charge (s) as this is a mandatory time limit, not open to extension or expansion from the prosecutor’s office and the Justice of the Peace will support you
    in this endeavour. It is within the Justice of the Peace’s discretion to modify the information (in this case “in a posted 50 km/h zone” on the ticket. This can be and is often changed
    to cure the defect and the courts have no problem with it, as long as you are not misinformed or are mislead.

    Remember to always http://fightyourtickets.ca

  139. Hey Admin,
    Thanks for tip however they did set the 2nd trial date in under 6 months however we can hope they adjourn and then we could pursue your advice. Regarding the missing quote; “in a posted 50kph”, the speed on this street actually increases twice more and wondered is this would be a valid defence?

  140. Hi Anonymous:
    The prosecutor can do anything he/she wants, but that doesn’t mean they will get away with it or that the law cannot support their decision.
    You have to look at the mandatory time limits for laying a charge under the Ontario Highway Traffic Act which can be found
    in the Provincial Offences Act – see
    PART V
    GENERAL PROVISIONS

    Limitation

    76. (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.

    Extension

    (2) A limitation period may be extended by a justice with the consent of the defendant. R.S.O. 1990, c. P.33, s. 76.

    This means that you have to be charged within 6 months and a day, from the date that the State alleges that you
    committed an offence under the Highway Traffic Act.

    If you are charged after this date, you can raise this objection at your trial and the Justice of the Peace will have your
    charge(s) tossed.

    If the second charge took place within six (6) months, then this can turn into a section 11(b) issue, where the trial
    takes longer than fourteen (14) months from the date of the charge, in which case, you fill out and submit an application
    for stay of proceeding and receive a stay and have your charge (s) go away.

    Remember to always http://fightyourtickets.ca

  141. Hi Marc:
    The prosecutor can do anything he/she wants, but that doesn’t mean they will get away with it or that the law cannot support their decision.
    You have to look at the mandatory time limits for laying a charge under the Ontario Highway Traffic Act which can be found
    in the Provincial Offences Act – see
    PART V
    GENERAL PROVISIONS

    Limitation

    76. (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.

    Extension

    (2) A limitation period may be extended by a justice with the consent of the defendant. R.S.O. 1990, c. P.33, s. 76.

    This means that you have to be charged within 6 months and a day, from the date that the State alleges that you
    committed an offence under the Highway Traffic Act.

    If you are charged after this date, you can raise this objection at your trial and the Justice of the Peace will have your
    charge(s) tossed.

    If the second charge took place within six (6) months, then this can turn into a section 11(b) issue, where the trial
    takes longer than fourteen (14) months from the date of the charge, in which case, you fill out and submit an application
    for stay of proceeding and receive a stay and have your charge (s) go away.

    Remember to always http://fightyourtickets.ca

  142. Hi Admin,
    Went to court for a friend and the crown dismissed the tickets (closed negotiations, not in court) because the cop forgot to write “in a posted 50kph” (stunt and speeding). However they have since reissued and he has a new court date? I searched your book for this problem? can they do this?

  143. Hi Admin,
    Went to court with friend charged with stunt driving and speeding. The cop forgot to write on the ticket quote unquote; “in a posted 50kph” and the crown tossed both tickets out during negotiations (not in court). However the police brought it back and he recieved another trial date for the same offences? I have never heard of this or seen anything in your book in regard? Can they do this?

  144. Hi Admin,

    Just wanted to let you know that the Application for Stay of Proceedings was granted and my dad’s case was dropped.

    We really appreciate your guidance and all the helpful information on this site.

    Thank you x100!!

  145. Hi Mad:
    You can request a trial and will receive one. You have one thing going in your favour. Those who issued the parking tickets are probably the security guards
    hired by Bombardier DeHavilland. They have little or no experience in the courts with respect to providing evidence in this type of matter. Given this reality,
    you will have an easier time having your ticket thrown out – if the Prosecutor doesn’t practically give you the win before the trial begins.

    Remember to always http://fightyourtickets.ca

  146. Bombardier DeHavilland in Downsview has gotten their hands on a City of Toronto Ticket Book and now hands out $30 parking tickets for ‘company’ infractions such as not having your company parking permit displayed correctly.

    I got one of these last week and the ‘Contrary to By Law’ box simply said “Toronto”. That’s it.

    If I ask for a trial will I get one or will the city just forget about it?

  147. Hi Bryan:
    Depends. If you received your ticket in an area which stated on the back of your ticket that you could mail in your ticket to request a trial date and
    you have done that and can prove that you sent the ticket to the POA office (by sending the request for trial either by registered letter (which demands
    a signature of the receiver ) or by Xpresspost or Priority with or without a signature (you can track your letter to their office) then there is no need to
    follow-up on your request. If a question lingers later as to whether of not you followed instructions and sent your request in within 15 days, you can
    prove that you have done so (through Canada Post tracking) then the onus shifts to the POA office you sent it to, to do their job.

    If however, you sent this request for a trial into the office listed on the back of your ticket through regular mail and cannot prove that you sent it and it
    was received with Canada Post tracking (you did not use registered letter, Priority or Xpresspost that has tracking and signature options) then I would follow-up the sending of the
    trial request to the office at which you sent it with a phone call.

    You just want to make sure they received your request for trial in the mail and the rest of it is in their hands and they will have to process your request for a trial and send you
    the Notice of Trial in the mail later.

    If you can track it (your request for at trial through the mail to the office it was sent to) leave it. If you can’t track it and prove that you took steps to properly request a trial within the
    15 day timeframe, then call them and follow-up just to ensure they recieved it.

    Remember to always http://fightyourtickets.ca

  148. I mailed in my ticket over a month ago pleading not guilty and requesting a trial date.

    I have yet to hear back from them.
    Should I just continue to wait or should I call them and ask about it?

    It’s either lost in the mail, in which case I’d be at fault in their eyes, or they’ve received it and it takes an unusually long time for them to respond.

    What should my course of action be?

  149. Hi Tsa:
    That would be a good idea and would further help to establish that it was due to the Prosecutor’s actions
    that the matter was further delayed and that the delay could not be attributed to the defendant.

    Remember to always http://fightyourtickets.ca

  150. Hi Admin,

    How about the Notice of Application of Adjournment that was sent to us by the prosecutor, do I need to include that in my Application for Stay of Proceedings? I was thinking of placing it in the section where I place the Notice of Trial.

    Thanks!

  151. Hi Tsa:
    Yes you would have to replace this with area specific information. If it is in the Niagara region in a different court, that information would have to be reflected in the information in the Application for Stay of Proceedings.

    Remember to always http://fightyourtickets.ca

  152. Hi Admin,

    Quick question, I was just re-reading the Application for Stay of Proceedings and was wondering if I need to include a copy of the “Notice of Application for Adjourment” as well and put it in the tab with the Notice of Trial.

    Also at the beginning of the Notice of Application for Adjourment, in your copy you have down:

    ONTARIO COURT OF JUSTICE
    (PROVINCIAL DIVISION)
    (Toronto Region)

    ….

    TAKE NOTICE that an Application will be brought by counsel on behalf of the Applicant, (your name), before the presiding Justice of the Ontario Court of Justic (Provincial Division), Courtroom#H 60 QUEEN STREET WEST, TORONTO, ONTARIO, COURT HOUSE on (date of trial) at 1:30 p.m. or as soon thereafter …..

    Should I be replacing Toronto Region with Niagara Region and also the Courtroom # and address of the court to the courtroom and court address that we will be going to? I wasn’t sure whether those fields should be changed to reflect where our trial is going to be held.

    Many Thanks!

  153. Hi Admin,

    I just wanted to inform you that the Niagara Falls Provincial Offences Court is of no help whatsoever. I called to inquire whether I can fax in a copy of the Application for Stay of Proceedings and they said to me that “they are not to provide any leagal advice”. I wasn’t asking for advice, I was asking if they would accept a faxed copy or if I had to personally drop it off!

    Guess I’ll have to take a day off to hand deliver them a copy.

  154. I was visiting a friend in Milton last night and woke up this morning to find that I had received a $30.00 ticket for parking on the street for longer than three hours. I had no idea the town even had a by-law prohibiting parking for longer than three hours, there were no signs posted anywhere in the neighbourhood that indicate such a by-law is in effect, nor do I recall seeing any signage when I got off the 401 and entered the town. Do I have any hope of having this ticket waived if I choose to fight it?

  155. Hi Admin,

    I can’t tell you how much I appreciate your guidance and support! Thank you so much for all the helpful information. I will keep you posted on how things go.

    Tsa

  156. Hi Tsa:
    You have to file the Application for Stay of Proceedings with the:
    – Ministry of the Attorney General (Provincial)
    – Department of Justice (Ministry of the Attorney General – Federally)
    – The Justice of the Peace – in the area in which your trial is being conducted (Niagara Region)
    – The prosecutor of the court in which your trial is being conducted (Niagara Region)

    This is the address and phone numbers of the Niagara courts:

    Niagara Falls Provincial Offences Court

    (serves St. Catherines, Welland and Niagara Falls)

    4635 Queen Street,

    Niagara Falls, Ontario

    L2E 6V6

    Tel: 905-371-8988, Fax: 905-371-9855

    Toll Free Phone: 1-866-278-8303

    I would call the court and make inquiries as to how best to serve them – remember you only
    must serve everyone within about 20 days of the scheduled trial, to meet the strict deadlines
    outlined in the Courts of Justice Act, see:

    Notice of constitutional question

    109.(1)Notice of a constitutional question shall be served on the Attorney General of Canada and the
    Attorney General of Ontario in the following circumstances:

    1. The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature,
    of a regulation or by-law made under such an Act or of a rule of common law is in question.

    2. A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to
    an act or omission of the Government of Canada or the Government of Ontario.

    Failure to give notice

    (2)If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall
    not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be.

    Form of notice

    (2.1)The notice shall be in the form provided for by the rules of court or, in the case of a proceeding before a board or tribunal,
    in a substantially similar form.

    Time of notice

    (2.2)The notice shall be served as soon as the circumstances requiring it become known and, in any event,
    at least fifteen days before the day on which the question is to be argued, unless the court orders otherwise. 1994, c. 12, s. 42 (1).

    Notice of appeal

    (3)Where the Attorney General of Canada and the Attorney General of Ontario are entitled to notice under
    subsection (1), they are entitled to notice of any appeal in respect of the constitutional question.

    Right of Attorneys General to be heard

    (4)Where the Attorney General of Canada or the Attorney General of Ontario is entitled to notice under this section,
    he or she is entitled to adduce evidence and make submissions to the court in respect of the constitutional question.

    Right of Attorneys General to appeal

    (5)Where the Attorney General of Canada or the Attorney General of Ontario makes submissions under subsection (4),
    he or she shall be deemed to be a party to the proceeding for the purpose of any appeal in respect of the constitutional
    question. R.S.O. 1990, c. C.43, s. 109 (3-5).

    Boards and tribunals

    (6)This section applies to proceedings before boards and tribunals as well as to court proceedings. 1994, c. 12, s. 42 (2).

    You must also serve the Ministry of the Attorney General (Federally and Provincially ) first, before you serve the Justice of the Peace
    and the prosecutor at the Niagara Courts;

    The Ministry of the Attorney General Federally can be found at:

    Application for Stay of Proceedings con’t.
    – 6 –
    The main points to remember are to:

    1. Write your application for stay of proceeding and put it together as a document, which will
    serve as a motion for the constitutional question.
    Make six (6) copies and as you drop each one off (or have someone assist you in this regard)
    Ensure that you getall the applications stamped, and leave one with that person who stamped
    your application. The example I will use is in Toronto. I have prepared and signed off one
    application for stay of proceeding and I have made five (5) additional copies of it.

    2. Serve it at the very latest, 15 calender days prior to the day that your trial is scheduled, to the Attorney General of Canada,
    Attorney General of Ontario, the Prosecutor at the Provincial Court where your trial is scheduled and to the Justice of the Peace,
    at the office where you applied for a court date to fight your ticket.

    3. This is the method that you use while serving the application for stay document:

    Make six (6) copies
    In Toronto, as an example, you would bring all six (6) copies of the application to the following
    Places:

    1. Department of Justice (Canada) (Ontario Regional Office)
    To serve the Attorney General of Canada
    Exchange Tower – located on 130 King St (just east of York St-on north side of King)
    Suite 3400, P.O. Box 36, Toronto, Ontario M5X 1K6
    Go into elevator which travels to the 34th floor and get off with your six (6) copies and aks
    the receptionist to stamp all six (6) copies and leave him/her with one.The stamp will say
    “Service of a True Copy Admitted On – with the date” same as Ontario’s Attorney General.

    2. Now you have five (5) stamped copies and next you go to the Attorney General of Ontario
    They are located at 720 Bay Street (west side of Bay, north of Gerrard St.) in a building
    called the McMurtry-Scott building (named after two former Attorneys General of Ontario)
    The Attorney General is located on the 11th floor, but you will never get there, it is on
    constant “lock-down”. You have to go to the phone in the corner of the lobby and phone
    and ask for a clerk from the “Constitutional branch” to come down and stamp your
    “Constitutional challenge”. Wait someone will come down, have them stamp the other 5
    documents and provide the clerk with one. Now you have four.

    After your Application of Stay of Proceedings have been served to the Ministry of Attorney Generals above,
    then you would serve the Courts in Niagara, by serving the Justice of the Peace
    and the local prosecutor.

    Unfortunately the easiest way would be to hire a service company, who will serve it to the parties on
    your behalf. The other way, and the Niagara courts may accommodate this request, is to fax the Application
    for Stay of Proceedings, to the courts (which may have the effect of serving the Justice of the Peace and
    the prosecutor in the Niagara region) after it has been served and stamped by the Ministry of the Attorney
    Generals (Federally and Provincially). Make sure that you send a copy of the back copy of the Application
    of Stay of Proceeding (with the stamps of the both the Attorney Generals).

    There is no easier way – this process wasn’t designed by the government to be easy, because quite frankly,
    they would prefer you don’t do it in the first place.

    It is important that your dad has an interpreter to assist him at court; this is his right. If an interpreter does not
    show on the date of the trial, then on behalf of your dad, you should ask that the case be dismissed or withdrawn,
    given the number of months that would transpire, between the date of the trial and the adjournment to the next
    trial date. The Justice of the Peace would most likely agree to abandon the matter and dismiss the case, given
    that your dad has a right under section 14 of the Charter, this is what s.14 of the Charter says:

    Interpreter

    14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are
    conducted or who is deaf has the right to the assistance of an interpreter.

    I understand that when your with your dad and a situation calls for your interpretative skills, you will assist him.

    Do not attempt to interpret for you dad at the courts, you are not trained and are not familiar with the terms and phrases
    and the court appointed interpreter is, and is there for that very reason. Let the court appointed interpreter do the job
    that they are hired to perform.

    If the court appointed interpreter does not show up, it will most likely mean that the charges that were laid against your
    dad will be dropped and the matter will end.

    I am sure that your dad would appreciate it if you could accompany him to the court, as
    a show of support.

    Remember to always http://fightyourtickets.ca

  157. Hi Admin,

    My dad’s court date is coming up at the end of October and I am getting ready to put together the Application for Stay of Proceedings. My question to you is, we do not live in the Niagara Region, does this mean that we would have to travel there and find out where the offices is to get it stamped by each department? I have to work and may not be able to take more than a day’s time off work to do this, is there an easier way?

    Also, I noticed on your previous responses about interpreters. My dad has requested an interpreter since English is not he first language, but does that mean that we cannot use an interpreter if I decide to go to court with him on that day?

    As always, your guidance is much appreciated!

  158. Hi Bruce:
    You have to contact the prosecutor as soon as possible and him/her know that you cannot make it for the reason(s) that you cannot make it and that you are seeking an adjournment. You haven’t indicated what the charge(s) is; if it is important and could detrimentally affect you, than you should continue hiring a representative from the Province in which you were ticketted.

    You still have the right to disclosure and should continue to pursue that request, as it is very important to receive this in order to be able to make a full and complete defence to the charge(s).

    It is unlikely that the case will be withdrawn without attending the court, unless you have a representative show up on your behalf and making the appropriate representations. I think it is every motorist’s dream to simply sit back and to have the charges tossed.

    Remember to always fight your tickets http://fightyourtickets.ca

  159. I have a court date for out of province. I won’t be able to make it.

    I am seeking disclosure and attempting to get the court date moved back as well.

    How often or likely is it I can get the case thrown out without even having to go to the court date?

    http://fightyourtickets.ca

  160. I recently stayed my case due to lack of disclosure and referring to Section 11.a and 11.b Charter. This site has been very helpful in finding information on how to prepare this. Please keep it updated as I am challenging every ticket I have forward.

    Reason for writing: want to help on a particular aspect that may become a popular way of TP officer use: recently all Toronto police cruisers got equipped with on-board cameras (see here http://www.torontopolice.on.ca/incarcamera/). It happened to me that in 2010 when the police officer stopped, he claimed that he has the offense recorded. Therefore your asks for disclosure request to have it and if not received you may claim in court that might be evidence that supports you.

    The link before discusses details that but have in mind the following:
    “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”

  161. Hello Admin
    You mention to Wn you can represent a friend. Thanks to your book I have won my last 2 cases and I want to help a friend during his trial. What am I allowed to do? Example, can I cross exam the police officer? Call objections, etc.?

  162. Hi Jeff:
    You have to review: http://fightyourtickets.ca/law/reciprocal-agreements-between-the-province-of-ontario-and-other-provincesterritories-and-different-states/

    Remember this isn’t a simple parking ticket – given the rate of speed you were travelling, in excess of the posted speed limit, it becomes a serious matter. In Ontario, you would have immediately had your car towed and impounded and would have had your driver’s licence suspended for a week.

    Unfortunately, this constitutes a heavy speeding charge and if I were you I would be challenging it; a conviction of this charge could seriously affect your insurance premiums in B.C.

    This is considered a serious moving violation by insurance companies generally. If you simply pay the ticket, you have admitted to the act and the consequences that follow, will follow.

    If it isn’t too late in Alberta, then challenge the ticket.

    Remember to always http://fightyourtickets.ca

  163. In August I got a ticket in Alberta for going 55km/h over the speed limit. I was a 100 zone and I was going 155.
    The police officer wrote it as such on the ticket and fined me $350.

    I have a BC driver’s licence and normally I would never pay an out of province ticket. He told me that I better pay this one because if I don’t and a judge ends up seeing the ticket and that I was going 55km/h over the limit I could be fined more.

    Is this true? Thanks for the help.

  164. Hi 24 km/h over on the DVP:

    I’m glad that the book assisted you and that your ticket was dismissed; congratulations.

    It is the prosecutor’s responsibility to provide you with disclosure within a reasonable time before the trial date;
    to provide you an opportunity to make full answer and defence to your charges. It is the responsibility of the
    JP to ensure that your rights to full disclosure are respected and adhered to under the Charter.

    If the prosecutor provides you with the disclosure in an untimely or inappropriate manner (just before or during
    the trial proceeding) then you must request an adjournment, to provide yourself with a sufficient and adequate
    amount of time to properly prepare for your trial.

    The JP will, more likely than not, provide you with an adjournment and if not, and he/she instructs you to proceed,
    then this must be appealed. Legislation is clear on time limits and it is constructed in this fashion to provide an
    element of fairness in the justice procedure. To ambush a defendant on the very day of his/her trial is fundamentally unfair and in most cases, will not be tolerated by the courts.

    Remember to always http://fightyourtickets.ca

  165. I recently had my day in court. I had applied for disclosure 10 weeks before the trial, and called to follow up three weeks before the trial. I did not receive it, so I was in good shape. I had some additional luck, because the cop was not present – DISMISSED! Thank you http://fightyourtickets.ca it was the best $19.99 I’ve spent in a very long time, and well earned!

    I do have a question though, I’m pretty sure I saw the prosecutor handing out their disclosure before court. What are the chances of a JP accepting this, and if that’s the case what recourse is left?

  166. Hi Gerry:

    This is very serious, given the potential consequences that you may suffer (with respect to your auto insurance premiums) if you are convicted.

    If you have been issued a ticket in Alberta for travelling in excess of 50 kilometres per hour over the posted speed limit – you will be subjected to a mandatory court appearance and a fine of $351.00 and the accumulation of six (6) demerit points on your driving record.

    Demerit points are recorded against an driver’s licence.

    * When a total of eight or more but less than 15 points have accumulated, you are mailed a courtesy notice of point standing.
    * When an accumulation of 15 or more points occurs within a two-year period, your licence is automatically suspended for one month.
    * When the suspension is the second demerit suspension within one year, your licence is suspended for three months.
    * When the suspension is the third or more demerit suspension within two years, your licence is suspended for six months. In addition, you may be required to appear before the Alberta Transportation Safety Board.

    You should certainly retain legal representation over this matter – the consequences will be too severe if convicted. Better to pay for legal representation once rather than an increase in your insurance premiums again and again, year after year.

    Remember the Distracted Driving Law (Bill 16) comes into effect next Thursday, September 1, 2011 – see: http://www.transportation.alberta.ca/DistractedDriving.htm

    Remember to http://fightyourtickets.ca

  167. Hi,

    I received a ticket by hand just today from an officer. It is a multi nova ticket for fifty kilometers over the speed limit. It also stated that I have to appear in court. Do I need to hire a lawyer to defend this ticket and do you know what consequences I will be looking at? I have started looking over your website for information. This occoured in Alberta.

    Thank you.

  168. Hi Marc:
    If you are claiming that you never received this parking ticket, then you will have to go and make an appointment with a Justice of the Peace
    and explain the circumstances surrounding this event and the fact that you have received the conviction notice, but not the parking ticket.

    You should inform him/her that had you received a ticket, you would have disputed it, but have been denied that opportunity since you were
    convicted in absentia.

    In the meantime, if the parking ticket was issued by the Toronto Police Services Parking Enforcement, you should carefully review the
    City of Toronto’s Parking Ticket Cancellation Guidelines – see: http://fightyourtickets.ca/parking-ticket-cancellation-guidelines/

    The Justice of the Peace can assist you in scheduling a trial in the near future.

    Remember to http://fightyourtickets.ca

  169. I recieved a notice a conviction was entered against me for a parking ticket that I never recieved 3 months ago. Can I fight this?

  170. Hi jimothy:
    You should definitely fight this ticket. Request a trial and you will receive a Notice of Trial in the mail.

    Once you receive the Notice of Trial, request “disclosure” to see, what if anything, the officer (who wrote you the ticket) wrote in his notes about this incident that led to the issuance of the ticket.

    Then you can prepare for your upcoming trial.

    It should be noted that those who are driving with a “green licence plate” on a plug-in hybrid or battery electric vehicle can drive in the HOV (Ontario’s High-Occupancy Vehicle) lane with one person in the vehicle, until 2015.

    Who can drive in the HOV lanes?

    In the City of Toronto, Toronto By-Law is in place on numerous roads. It appears that the City keeps expanding the number of streets that this by-law is in place.

    All drivers will see from the signs displayed that between the hours shown, usually
    rush hours 7:00 a.m. to 10:00 a.m., and 3:00 p.m. to 7:00 p.m. The HOV lanes
    are reserved for buses, taxi’s, motorcycles, scooters and bicycles, taxis, and vehicles that have two or more persons.

    The only exceptions to these vehicles are those turning right onto the HOV street.

    In order to comply with the Highway Traffic Act, vehicles are allowed to turn right
    onto a HOV street, and remain in the HOV lane for 45 metres and then move to
    another lane.

    Likewise, and again to comply with the Highway Traffic Act, vehicles in preparation for an immediate right turn are allowed to enter the HOV lane for 45 metres prior to making the right turn.

    See http://fightyourtickets.ca/high-occupancy-vehicle-hov-lanes/

    See subsection 154.1(1) of the Highway Traffic Act.

    Fine for Improper use of High Occupany Vehicle lane:

    If you drive alone (and pet lovers should not take this the wrong way, but pets in your vehicle do not count as occupants) in an HOV lane and are observed by police doing so, you may be subjected to a fine of $110.00 and the accumulation of three (3) demerit points being added to your driving record with the Ministry of Transporation (which would be reflected on your driver’s abstract for two (2) years).

    The Ontario Court of Justice, Schedule 43, The Highway Traffic Act states:
    Item 460.2 – Improper Use of High Occupancy Vehicle Lane – Section 154 (1)= Set Fine of $85.00 + the accumulation of three (3) demerit points on your driving record.

    In order to calculate the Total Payable Fine (set fine + victim fine surcharge + court cost) you have to take into account both the Victim Fine Surcharge (VFS) and the Court Cost (CC).

    $85.00 + $20.00 (VFS) + $5.00 (CC) = Total Payable = $110.00

    The only part of this entire experience I might research and challenge, is the fact that you received this ticket on the 400 series of highways (which fall under the Highway Traffic Act and not necessarily under the City of Toronto By-law 132/93) and on a street or road within the boundaries of the City of Toronto.

    In the City of Toronto, the HOV lanes are authorized by Toronto By-law 132-93, Section 3(a). The HOV lanes on most of the Highways are governed by the Highway Traffic Act.

    I can’t state this with 100% certainty, so you will have to do your homework. If there has not been a By-law amendment to capture the Highway you travelling on, the By-law would not apply and only the Highway Traffic Act would apply. This being the case, the officer did not have the authority to issue you a ticket with under the By-law; the only ticket that would be valid would have to be issued under the Highway Traffic Act.

    You should start reviewing this by-law (since its’ inception) and all of the amendments over the years (and there have been numerous amendments) to see if the Highway you were travelling on when you received your ticket, was ever incorporated under this By-law, passed by the Toronto City Council. If this Highway was never included under this By-law, then the ticket is nullified.

    The HOV lanes in Toronto require a by-law to be designated and as such, the prosecutor would have to include this by-law in your disclosure package would require a certified copy of the by-law showing that they are transit/HOV lanes; if this information is not included in the disclosure, you could make a motion for a stay, based on improper disclosure. If the JP provides the prosecutor with an adjournment, then you may be in a position to file an application for stay of proceeding pursuant to sections 11(b) and 24(1) of the Charter.

    See: http://www.toronto.ca/legdocs/bylaws/2008/law0378.pdf and all the other related amendments to the by-law

    The City Prosecutor must produce this By-law at the trial, if not, the ticket should be dismissed.

    Regulations for high occupancy vehicle lanes

    154.1 (1) Where a part of the King’s Highway has been divided into clearly marked lanes for traffic, the Minister may by regulation designate any lane as a high occupancy vehicle lane for that part of the King’s Highway and may make regulations, – is this highway part of the “King’s Highway”? if so – does the City of Toronto have authority to include this section of the King’s Highway in their City By-law (By-law 132/93)?

    I will not do the work or the research for you – the purpose behind the site is to encourage people to learn the process and do the homework for themselves and learn to defend themselves in court.

    This reply is a reply to both of the separate questions you sent.

    Fight this one – remember always http://fightyourtickets.ca

  171. Just received a “Drive non-designated vehicle in a reserved lane during prohibited hours” ticket(i.e. 1 car 1 person in an HOV lane). This is part of the recent ticketing blitz you’ve noted on your site. The cop even told me it’s because of the blitz!

    Cop stated I drove in the lane greater than 50 meters. Tough to ascertain from my angle because it’s pretty close to what he says. Am I expected to track the 50 meters every time I enter into an HOV when my odometer turns at every kilometre? (seems distracting)

    Merged into the lane to simply exit for my morning cup of joe(I guess 50 meters away). Cop states they measured beforehand.

    I asked the cop “Should I have merged into the HOV, then the next lane, then merge back into the HOV then exit at the gas station and all within a 50 meter length of road?! He never answered the question and started showing his frustration by my questioning. So I left it.

    If you’re curious I merged into the HOV on Eglinton from the Walmart at Pharmacy & Eglinton and planned to exit into the Petro Canada at Pharmacy! I will be measuring the exact length of roadway to support my case and this will be my first attempt at fighting a ticket.

    Any tips?
    Should I be using Option 3 from the back of the ticket?

    thanking you in advance!

  172. Hi Z:
    If you are fluent in English you are not entitled to an interpreter. The courts are not providing interpretation services for your advisor
    or your Uncle, they are providing the defendant with an interpreter to ensure that they are not disadvantaged and that they can
    answer to the charges.

    You cannot request a trial in French if you are fluent in English.

    When you defending yourself against a charge from the State, you must exhibit good faith and cannot be seen as playing games
    with the courts.

    Remember to always http://fightyourtickets.ca

  173. Hi

    I am fluent in English (it is my first language), but I requested an interpreter for another language because I plan to bring my uncle who is not fluent in English along as an “advisor”. I have a feeling that this will get me in trouble, especially if my uncle does not show. What are the consequences and how do I cancel the interpreter?

    On a similar note, can I request a trial in French AND a French interpreter (I speak very little French)? My hope is that this added wrinkle will cause problems for the court and increase my chances of winning on a technicality.

    Thanks for the advice

  174. Hello Admin
    You mention to Wn you can represent a friend. Thanks to your book I have won my last 2 cases and I want to help a friend during his trial. What am I allowed to do? Example, can I cross exam the police officer? Call objections, etc?

  175. Hi Wn:
    If you are unavailable for the initial trial, have a family member, friend or co-worker show up on your behalf as your “agent” and have that individual request an adjournment and another court date in the future.

    The fine, victim fine surcharge and court fee and demerit points would be the same if you were convicted in person or in absentia (you don’t show up or request an adjournment). It is better to go to a Justice of the Peace a month before your trial date and request another date, if you are unavailable on the first scheduled trial date.

    Remember they didn’t ask you what the most convenient trial date was or even involve you in the initial process, you didn’t schedule the trial date, they did.

    Remember to always http://fightyourtickets.ca

  176. Hi Helen: You should most certainly fight these tickets. Two convictions of this offence will increase your insurance premiums. In more cases than not, if
    you request a court date and show up, the crown or prosecutor will offer you a plea bargain where you will end up facing a lesser charge.

    You already know the answer and therefore must challenge these tickets in court.

    Remember to always http://fightyourtickets.ca

  177. Hi MP:

    Immediately upon learning of your scheduled trial date you should file your disclosure request.

    You have to make an application for a Stay of Proceeding. You can file the application at the Ontario’s Attorney General office and the Department of Justice and the Justice of Peace’ copy and the copy for the City Prosecutor can be filed at the Ontario Court of Justice at the York Civic Centre on Eglinton Ave.

    Read http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ in its entirety for the argument and the form that you can simply fill out and serve the parties noted.

    There is no such thing as instant justice. You will have to make a motion for an application for stay of proceedings in your matter and then follow it up by arguing that your
    rights under section 11 (b) of the Charter have been breached.

    Remember to always http://fightyourtickets.ca

  178. I have got notices of trial (3 of them) in the mail for the parking tickets (fine $ 15 – $30 each) with the trial dates more than 14 months from the infraction dates. Should I file the request for disclosure and the application for the stay of proceedings? Are there changes to the application process – since the court location in my case is Ontario Court of Justice @ York Civic Centre? It is not clear to me, whether the stay of proceedings will be granted automatically (since the trial date is more than 14 months) of JP has a choice to grant or reject such a request? And what are my actions should be in the latter case? Thank you, MP

  179. Hello,

    I’d really appreciate your kind help.

    I’m in a very weird situation with photo radars – for speeding reasons. I’ve been living in Winnipeg for 1 year (in Edmonton before – NO traffic violations EVER) and out of the sudden I received 3 speeding tickets – all offences happening in a 2 week period. No changes in my driving profile, or in my life, all the same. Important to note that ALL 3 tickets were within 16 km over the speed limit, 2 in the exact same location. Because they arrived by mail almost the same day, I went crazy, went the provincial court location and since it was a radar I felt I couldn’t fight the ticket, so I pleaded guilty and they gave me a smaller charge. Now, today I got ANOTHER photo radar ticket (which happened one week after the previous ones), 22km over the limit, it happened at night, and I suspect (why the tickets don’t say where the offence occurred???) it was on a road where it changes from 80km, to 60km and then to 50 km. Do you think there is potential to fight this one? Should I go to court and plead not guilty?

    I thank you very much in advance.

  180. I better start at the beginning. I had several tickets and I went to a paralegal and he told me that he could
    give me a deal (1/2 price off) because I had several charges. His half price was over$ 1900 and I couldn’t afford his deal. He told me I could do it myself and I wasn’t aware of this, I thought you needed a lawyer or a paralegal. Ironically, he wrote down your internet address and told me it was the best one he had come across
    in years and that he even consulted it from time to time when he was unsure of a situation.

    I went to your website and found it to be difficult to follow at first. The more I read, the more I understood.

    I went to court today and was extremely happy with my results. The jp actually complimented me and said “for a layperson, you did a very good job”. I one the three charges and one of the charges were dropped to a lesser charge.

    Thank you for your helpful website, if your goal was to empower me, I can say that you have succeeded. Even the paralegals (the one I spoke to told me he had been doing the job for 12 years) use your website and I now understand why. You don’t charge for this public service and yet you saved me alot of money. Thanks again.

  181. If I cannot attend my scheduled court date, can my no show result in anything beyond having to pay my original fine and demerit points?

  182. If I am fluent in English and it is my second language. Should I request an interpreter in my native language in the hopes that maybe the case gets thrown out if they don’t have one present?
    If the interpreter isn’t there, will I be able to get the charge dismissed by speaking in English?
    If one is there, will it affect the chance of being offered a plea deal if the prosecutor learns I don’t really need one?

  183. So if I go to trial and am not offered a plea deal at all, I can just plead guilty to the charge on the ticket before the trial commences? If I was to do this, would they still be able to request it to be amended up? I don’t want to provide any opportunity in which I may be given the higher ticket as the stunt driving law would be applied and make the situation much worse.

  184. Hi KWTL:
    The “R” is written on your ticket by the officer involved, to let the prosecutor know that the original speed listed on the ticket, was reduced to 49 km/h over the posted speed limit.

    At the trial, the prosecutor will expect your guilty plea and if this plea is not provided by yourself, then he/she has the ability to put a motion before the Justice of the Peace, requesting that the original speed be placed on the ticket, as opposed to the reduced speed. Some call this “amending up” and it is allowed under section 34 of the Provincial Offences Act.

    See the following post at http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/.

    If the officer takes the stand and testifies that he/she pulled you over and your vehicle was travelling at 55 km/h over the posted speed limit and due to different circumstances decided to cut you some slack and reduce the speed on the speeding ticket to 49 over, versus 55 over, then the Justice of the Peace can order a trial with a new, more significant set of facts. If you are not represented by counsel, then the trial may be rescheduled to a later date, to give you an opportunity to seek and retain counsel to represent you in the more serious matter, which can involve serious fines, revocation of driver’s licence and jail time.

    Remember to always http://fightyourtickets.ca

  185. I’m in the exact same situation as S-Cube (without the boss with me and without the spotless record)
    I would be ok with going to trial and taking a plea for reduced KM’s and fewer points as my ticket was for 49 over. Anything that helps, however, as it was a reduced ticket, I’m wondering if I’m not offered a deal by the prosecutor, would it be possible to get convicted for the original offence (which I absolutely want to avoid due to the excessive penalties involved with a 50 over the limit charge). Is the code ‘R’ written on the ticket an indication of being a reduced charge and would the original speed be recorded in the officer’s records?

    Thanks for any help with the matter.

    PS. S-Cube, did you find someone to represent you and any follow-up to your situation would be appreciated.

  186. Thanks for the advice Admin – I feared as much. I will look into finding someone who can represent me in the area. If you happen to know of any particularly good representatives in the area and don’t mind sharing, do let me know.

  187. Hi S-Cube:
    The situation you describe is fairly serious and could result in four (4) demerit points, a hefty fine and an increase in your insurance premiums.

    Exceeding the speed limit by 30 to 49 km per hour – Section 128 (b) of the H.T.A.
    Section 128 (14)(c) states the following:
    (c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit;
    In addition to having to pay for each km travelled in excess of the speed limit, you will have to pay about 20% of the entire fine, on top of the fine, which is known as the victim fine surcharge.

    That is just the beginning. If convicted, your insurance company will most likely increase your insurance premiums for anywhere up to seven (7) years from the date of your conviction.

    Option 1 or 2 will not help you. If you choose option 2 (Plea guilty with an explanation) then this only means that you are found guilty and the JP may reduce your fine – the conviction for 40 over will stand on your driving record and the JP will not reduce the 40 km over to a lesser amount of km’s over the speed limit.

    The only way to have this reduced or eliminated is to fightyourticket, which means that you will have to request a trial in Grey County. Grey County is a very conservative court (see: http://www.newcanada.ca/ )and they don’t look kindly on Torontonians flying through their county in their automobiles – see: http://en.wikipedia.org/wiki/Simcoe%E2%80%94Grey

    When your trial finally arrives (and it won’t take long, a couple of months) the Prosecutor may well ask you if you want to enter into a deal (a plea bargain) where he/she will reduce the number of km’s on the ticket, for a guilty plea. Normally, under the circumstances that you face (40 km’s over) the Prosecutor will not reduce it sustantially (to 15 over to make it a no demerit point conviction) but only slightly.

    Under the circumstances, given the potential consequences you may face as a result of a conviction, I would secure representation (preferably in the Grey County area to reduce transportation costs) in hopes of having a successful trial and having the entire matter thrown out.

    Some people sacrifice far too much to make the boss happy.

    Remember to always http://fightyourtickets.ca

  188. Hi Admin,

    Thanks for putting together this great source of information. I had a perfectly clean driving record up until yesterday, when for the first time in 14 years I got pulled over for speeding. Apparently the speed limit on this particular highway was 80 km/h. Being from Toronto, I’m used to driving at 100 – 120 km/h. I was also driving a newer car (rental), which made it a little more difficult to ‘sense’ the speed I was going at, and it was a wide open road with barely any cars in site. Lastly, my boss was with me and he had to get to the Airport (2.5 hours away at this point) for a flight back to the U.S. Amusingly enough, the Police officer told me that had I been going 20 – 25 km/h over, he wouldn’t have pulled me over, but since I was going 40 km/h over, he could not let it go.

    I understand that these are all basically excuses that will never hold up in front of the JP, and the bottom line is that I should have kept the speed within a more reaosnable range, and I will certainly make sure I do so in that particular jurisdiction. I was hpoing that you could perhaps advise whether I should still go ahead and challenge this ticket in court, or if I should got for Option 2 and agree to pay the fine but request that I not be given any demerit points in light of my clean driving record (as this is what I am most concerned about). The jurisdiction in which the ticket was issued falls under Grey County and I live in Toronto (approx. 3 hours away).

    Thanks in advance!

  189. Diminished Value/Accelerated Depreciation to Motor Vehicles Post Accident

    What can we do about this? This makes me as mad as hell especially when they have raised my
    insurance rates on my truck. Your information has taken me out of blissful ignorance and I now
    know that if the accident is not my fault and my insurance company repairs my vehicle, I will lose
    as my truck will never be worth the same, for its re-sale value on the market.

    Someone should start an online petition to petition all auto insurance companies in Canada to
    begin compensating consumers for the loss on their auto’s.

    You have started a great thing fightyourtickets! Thank you for all of those without a voice or website.

  190. Hi Tsa:
    It was important that you challenged this adjournment application as it is now on the record. You should also note this in your Application for Stay of Proceedings.

    You can simply state (in your SWORN STATEMENT) that the Prosecutor from the St. Catherines court requested an adjournment and that you showed up to court #, on Jan. ?/11 at ?? time and that you opposed the Application for Adjournment and that the Justice of the Peace presiding, provided the adjournment. You should also add the paper (the Application of Adjourment hearing notification from the St. Catherines Prosecutor’s office, which provided you notice of the hearing that you attended) as an extra Tab in your Application for Stay of Proceedings).

    You are now scheduled to a trial date which is seventeen (17) months and a half months (May 16/10 to October 31/11(Halloween) is 17 months and 15 days) following the alleged speeding charge of May 16, 2010.

    You should submit the Applications for Stay of Proceeding about 30 days in advance of the October 31, 2011 hearing, in case you run into any difficulties. If you wait until the last minute to submit your applications you may miss the mandatory deadlines, and if this happens then you will be barred from arguing that the rights set out under section 11(b) of the Charter have been breached.

    The sooner you submit it, the better.

    Remember to always http://fightyourtickets.ca

  191. Hi Admin,

    Just got back from St. Catherines for the Application of Adjourment hearing. Not sure if you call it a success or not but we did not get a chance to question the Prosecutor about anything. The JP only asked if we agreed with the adjourment (which we said we did not agree to and would like to keep the date) and that was all that we could say. The JP approved the adjournment becaues the Prosecutor said because of the speed, it needs to be adjourned so now the new trial date is Oct 31, 2011 which means it is 17months after the date my dad received his ticket (May 16, 2010).

    So I assume that my next steps is to compile the Application for Stay of Proceedings and drop off these copies to the approriate people 15 day before the trial date. Is there anything else I need to do or anything I have missed?

    Thanks again!

  192. Hi Sotirios:
    In order to understand this issue better, you must refer to the Provincial Offences Act: see section 34 (1) at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s1 and 34 (2) at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s2 and 34 (4) at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s4 and 36 (1) at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s36s1 and 36 (2) at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s36s2 .

    The Provincial Offences Act provides the Justice of the Peace (the “JP” which will be hearing your charge) broad curative powers, under sections 33 to 36 and 90 (1) & (2): see http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s90s1 to change or amend or cure the information laid out on your ticket.

    As long as you know what you are charged with (in this case the officer specifically spelled out “fail to drive in a marked lane” – the fact that he did not put in the actual section of the Highway Traffic Act (should probably be section 154 (1) (a) see: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#s154s1 – with a fine of $85.00 + the Victim Fine Surcharge of $20 + $5 Court Fee = $110.00 Total Payable) can be corrected at the trial by the JP, who has the power to amend the face of the certificate of offence (aka – “the ticket”).

    A conviction of this offence would mean that you would have to pay the total payable fine of $110.00 (Fine+vfs+court fee) and your driver record with the Ministry of Transportation would receive 3 demerit points, which would remain on your driving record for two (2) years from the date that the ticket was originally written.

    The Courts just want to know that you have not been misled and therefore rendered incapable of mounting a defence to the charge. You know what the charge is and therefore can properly defend yourself. This wouldn’t constitute grounds for having the ticket dismissed or overturned.

    Remember to always http://fightyourtickets.ca

  193. Hello, I was issued a ticket for “fail to drive in marked lane” but it only says HTA in space below where the relevant HTA section/paragraph is supposed to be. Is the absence of the specific HTA section grounds for dismissal? How is the defendant supposed to know what section of the act he/she has violated???
    Thank you
    Sotirios

  194. Hi Admin,

    Thanks again for your valuable advise and insights. I will keep you posted on how we do at the Adjournment Application meeting.

  195. Hi Tsa: It’s good that you declined the Prosecutor’s Request for an adjournment, based on the fact that the Officer who issued you a ticket is on annual leave (vacation) for the date of the Trial.

    It’s important to keep in mind that the Prosecutor’s Office shedules trial dates in conjunction with the Officer’s (the one who issued the ticket(s)) personal schedule and that when your trial was scheduled it was most likely done after reviewing the officer’s work schedule.

    You said that the Notice of Application for Adjournment from the Prosecutor, states the following reason : The officer is not available for the trail date as he will be on annual leave outside of the Niagara Region

    What does this mean? Out of Niagara Region – where, in “Toronto” – you live in Toronto, so why can’t he be there if he is in “Toronto” on March 21, 2011? If you have to travel to St. Catherines from Toronto, why can’t he?

    When was the Prosecutor’s office made aware that he would be on annual leave or vacation on March 21, 2011?

    If the Prosecutor’s Office is requesting an “adjournment” based on their own administrative oversight, then your rights cannot be comprimised or your trial further delayed as a result of their mistake(s).

    How often does the Prosecutor make these types of requests? Why are these requests made at all, given that trial dates are scheduled with the officer’s work and vacation schedule in mind?

    The reason that you are being invited to a court date to discuss this, is that you refused to accommodate the Prosecutor’s request and now the Prosecutor must go before a Justice of the Peace (a “JP”) and make arguments as to why your dad’s case should be adjourned. The Court wants you present to provide you with the opportunity to argue against the Prosecutor’s motion and to inform the Court as to why this case should proceed on the initial Date of Trial issued.

    You should go and inform the Court that the Prosecutor is delaying the case and that your dad’s case should not be delayed because the officer who issued you the ticket is on vacation and that the only reason that the Prosecutor is seeking the adjournment is because their office did not co-ordinate the Court’s available dates for trial with the officer’s work schedule. The Prosecutor should have the officer’s work schedule, when you initially made the request for trial and they scheduled it.

    The question is, did the officer book his annual leave (schedule his vacation time) before or after your request for trial was submitted? If the officer suddenly decided to go on vacation after your request for
    trial was submitted and processed, then the adjournment should not be provided, given the fact that it is detrimental to your dad’s interests.

    If the Prosecutor’s office felt it was important to proceed with your dad’s charges, then they should have done a much better job in scheduling the trial, keeping in mind when the officer proceeded on annual leave.

    Without the officer present, the Prosecutor cannot prove their case and therefore the charge(s) would have to be abandoned or withdrawn.

    You should go to the Court and ask when the Officer scheduled his Annual Leave and ask if the Prosecutor has the officer’s work schedule, including time off, and when this information came into the possession of the Prosecutor’s Office. If the Annual Leave (or Vacation time) was scheduled after you had a date for trial, then the Prosecutor’s request should be denied.

    Why can’t the officer show up for trial during his vacation? If he is out of the country, then he wouldn’t be able to attend, but if he isn’t – why can’t he attend? More often than not, officers who issue tickets, show up to court when they are not scheduled to work and are paid “overtime” rates to attend the court as a witness in the matter in which they wrote the tickets. If they can show up to court during a day and time they are not scheduled into work, why can’t that be the case, in this matter?

    Too often does the Prosecutor make these types of requests (when the officer chooses not to show up when they are on annual leave (vacation) or on “training” etc., etc.) and far too often, these requests are not
    challenged by the defendant. They should be, as more often then not, the “excuse” that the Prosecutor makes is not legitimate or significant enough to support the real need for an “adjournment”. Remember, it is the defendant who is taking time off of work, travelling to and from the court room (sometimes the travel requires significant time and kilometres to get to the Court) and is ultimately suffering prejudice, due to the fact that time continues to elapse.

    You should go and challenge the Prosecutor’s request, given that it is the Prosecutor’s oversight and actions that led to the alleged “need” for the adjournment. Remind the Court that this charge, a “speeding” charge, in the scheme of things, is an everyday garden variety Highway Traffic Act offence, and not serious criminal charges. The public would not cry “foul” if the Prosecutor chose to withdraw the charges, due to the absence of the Officer. The Public may cry foul however, when it is brought to light that this is a systemic problem in the St. Catherine’s Court and that matters have constantly been delayed, over numerous years, because the Courts cannot co-ordinate the scheduling of trial dates with the calender of the Court and the work/vacation schedule of the Officer who issued the very tickets proceeding to a trial date. Why does this continue to happen and what proactive steps has the Prosecutor’s Office taken to ensure that this will rarely, if ever, happen?

    Have the Courts taken any steps to ensure that these unnecessary delays are prevented? Perhaps this convenient arrangement between the Prosecutor and the Police should be reviewed and investigated?

    The Police, have an employer (police services board), that demands that their employees (the police) select their annual leave (vacation time) in advance of the year in which it is being taken. The reason that this must happen, is for certain staffing requirements of the police force and too minimize the use of overtime and unnecessary expenditures and costly resources.

    The JP may find that the reasons for the adjournment request by the Prosecutor are frivilous and not required to begin with (if the Prosecutor simply did their job properly).

    You may be able to argue that for the sake of deterrance, the adjournment request should be denied. You could add that the only way that the Prosecutor and Police will begin to respect the time/resources of the defendant and to change the ongoing practice that necessitates this type of request, again and again and again, is for the JP to deny the request as a deterrant and to instruct those responsible for the scheduling of these matters to have meaningful consultation with the Police to prevent these types of issues from resurfacing.

    The JP can urge the parties, in the interests of Justice, to implement a new scheduling process to try to minimize the detrimental effects of an adjournment on a defendant, especially one from “out of town”; especially when it’s as easy as the Court having the work/vacation schedule of all officers who issue tickets, which inevitably lead to future trials and to schedule trials with the officer’s predetermined work/vacation schedule in hand.

    Time and time again, the JP agrees with the Prosecutor. The Prosecutor already knows this and will therefore show up unprepared and unable to answer most of the questions that you put to him, through your argument to the JP.

    Make your arguments, but make sure that you end by saying:
    “If the Court agrees with the request of the Prosecutor to put this matter over, again, for the record I just want to state that I do not agree and that trial should be held as soon as possible, to prevent any further delays by the Prosecutor in this matter”. This way, it is on record that you resisted the delay and that you sought to ensure that your dad’s rightspursuant to section 11 (b) weren’t further offended.

    If you don’t show up, it gives the Prosecutor a future argument when you present your Application for Stay of Proceeding where the Prosecutor can say that when he/she asked for an adjournment, you refused to show up to argue against it, therefore, that further delay (the added time between the original scheduled trial date and the second trial date given in response to the Prosecutor’s request for an adjournment) should not weigh into the overall calculation of time referred to in your Application for Stay of Proceeding.

    If the JP grants the adjournment, then any additional time (after the original scheduled trial date to the next scheduled trial date) will be added to and give further strength to your section 11 (b) argument in your Application for Stay of Proceeding.

    You do not have to fill out a new Application for Stay of Proceeding – you can simply inform the Court, at the subsequent trial date (if the Court agrees with the Prosecutor’s request and grants a further date) that there has been an additional delay, caused by the Prosecutor and that that additional time must now be added to the original time cited in the
    Application for Stay of Proceeding. The additional time is a further infringement on your dad’s rights pursuant to section 11 (b) of the Charter.

    Don’t be afraid. Make sure that you have the questions and arguments already prepared in writing, so that you can read it from your notes (similar to using a “cue card” in a speech) and not be distracted. It may be that the JP is sick and tired of hearing these requests for adjournments and lame excuses and delay tactics from the Prosecutor’s Office and may deny the request for adjournment. Good Luck!

    Remember to always http://fightyourtickets.ca

  196. Hi Admin,

    Back in August I inquired info for my dad regarding his speeding ticket (117KMH in 80KMH zone – construction zone (in St. Catherines)). The trail date was set for March 21, 2011. I have already filed for disclosure and declined their plea. Now we’ve received a Notice of Application for Adjournment – reason : The officer is not available for the trail date as he will be on annual leave outside of the Niagara Region.

    The application is to be heard on January 19th at 9AM and it states that our attendance is required. Do we have to go? Is it to our advantage to go? We live in Toronto and it is out of our way to go there since we’ll have to take time off work and travel there. If its not necessary and they will notify us of the new trail date, then maybe we should just not attend.

    Also, if adjournment is approved and the trail date is pushed to a further date, does the 10 month time frame still apply to submit and Application for Stay?

    Your help is always appreciated.

  197. Hi Heather: That’s ok. If you received your Notice of Trial that close to the scheduled trial date, then follow through with your request for disclosure.

    If the disclosure is not available for you prior to the trial date and you show up for the trial, then you have grounds for adjourning the trial date until you have had an opportunity to review the disclosure provided.

    If the Prosecutor waits too long to provide you with the disclosure sought, then you may have grounds under section 11(b) of the Charter to make an Application for Stay of Proceedings, if it has taken that long. see: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ .

    Remember to always http://fightyourtickets.ca

  198. I read on here that we are supposed to file for disclosure 9 weeks prior to the trial date. But the notice of trial was sent to me on Nov 24 and my trial date is Jan 7, which is only 6 weeks in between?

  199. Hi Bobby:
    You inform the Prosecutor that you will proceed and if the Prosecutor disagrees with this action, than you will have to convince the Justice of the Peace that to do otherwise (ie-adjourn for a second time) that you will suffer ongoing prejudice and that you have respected the Court by showing up for the first and second hearing and that the Officer is showing disrespect, bordering on contempt by refusing to show up for a matter in which he/she made the accusation/allegation.

    Remind the Court that you have already shown up for the first scheduled appearance and remind the Court that you have taken the time and have dedicated resources, time and money by showing up and that again you have shown up and the Prosecutor is in no position to proceed. Ask the Justice of the Peace to read into the record why the Officer was absent on the first and second occasion, given the fact that it is their job (part of their job description) to show up to back up their allegation by providing the Court with “viva voce” evidence.

    Why should you have to prepare for the trial, take time off of work, pay for parking, show up to the courtroom, if the Officer who made the allegation, was not present to provide their evidence of the charge(s)?

    If you get to the pleading portion of the trial (and I doubt you will, given the absence of the accuser) then you would plead “not guilty”.

    Without the Officer, the Prosecutor is in no position to proceed, given that he/she cannot prove their case against you. As an act of professionalism, the Prosecutor must ensure that the courtroom runs efficiently and with some integrity and cannot continue to seek adjournments when their witnesses are not present to testify. In the scheme of things, the charges that you are dealing with are not that serious and what kind of prejudice would the Prosecutor suffer if the matter was withdrawn?

    You can ask the Justice of the Peace to proceed “exparte” with the matters at hand, rather than submitting to the delay tactics and unprofessionalism of the Prosecutor.
    The onus is not on you to prove that you are innocent, in fact, that onus is on the Prosecutor to establish that you committed the alleged offence. To continually put matters over is an abuse of the legal system.

    If you didn’t show up and could not provide a reasonable excuse for your absence, then the Justice of the Peace would most likely proceed in your absence and convict you of the allegations. Why is the Officer who charged you being treated any differently?

    Remember to http://fightyourtickets.ca

  200. Hmmm … ok … but what do I say if on the day the officer does not show up? i.e. what should I plead? Thank you for your help.

  201. Hi Bobby:
    In order to run a courtroom efficently, due to the high volume of charges on the docket, the Prosecutor will normally withdraw matters where the officer does not present himself/herself for the trial. After all, the only witness that the State has in these matters, are normally the officer who issues the ticket(s) and without the officer to provide evidence, the charges cannot be proved and will inevitably “go away”.

    If after receiving your Notice of Trial, you notice that the scheduled trial date to hear your charge(s) conflicts with a date where you are doing something else (ie- out of the country on a previously scheduled vacation) you are entitled to schedule a date in front of a JP (as long as you do it in a timely manner, prior to the trial) and make the request to put the matter over to a later date. Normally, these requests are granted.

    If you are sick the day of the trial or cannot show up because you are incapacitated, then you can send someone on your behalf to request an adjournment. Normally, on the first trial date, this request is granted by the presiding Justice of the Peace.

    The Prrosecutor can also request an adjournment and in some cases they do and normally they will receive the adjournment. One thing that must be stressed however, is that the “reason” for the adjournment request must be reasonable and there should be a reason provided, versus a request for adjournment without any justification or rationale.

    If you request an adjournment, the courts want to know “why” you require an adjournment and the reasons are normally read into the record of the proceeding. In the way, if a Prosecutor simply makes a request for an adjournment because the officer didn’t show, you should demand, for the “record” why the officer isn’t present. If the Prosecutor cannot offer a reason, other than “he/she isn’t here” then you should convince the Justice of the Peace that this matter was scheduled months before, everyone was notified and if the officer couldn’t make it for “whatever reason” then they had an obligation to contact the Prosecutor’s Office and to provide them with some notice as to the reason they could not make it. This works both ways, if you have to provide the reasons to the court as to the reason(s) you are requesting an adjournment, then the Prosecutor also has a similar obligation and in fact, he/she should have a “higher obligation” given that that is the role of the Prosecutor and that they are considered officers of the court.

    Justices of the Peace want to know the “why” of an adjournment request and you should demand it. If you had to take time out of your busy schedule to make an effort to show up to the court, so does the officer who initiated the charge. You should always demand to know “why” the officer is not there and if the Prosecutor doesn’t know or refuses to disclose this information, then the Justice of the Peace does not have to provide the adjournment request of the Prosecutor.

    The good news that comes out of this for you, is the question of time. If the matter takes 12 months from the date of the charge, up to and including the date of the scheduled trial and the Prosecutor requests an adjournment which is granted by the Justice of the Peace, then any of this additional time, is counted against the Prosecutor and not yourself (with respect to a calculation under section 11(b) of the Charter and within the Application for Stay of Proceedings).

    If you showed up for the trial and the Prosecutor through his/her adjournment request, further delayed the case by 4 months (then based on the example used above, with respect to the 12 month period) then the passage of time adds up to sixteen (16) months, after the charges were laid.

    If you have already submitted your Application for Stay, then the time is just added on to your original application, if not, then it can now be added on and you can prepare and submit your application for stay of proceeding.

    If the officer does not show up for the second time (and this is what normally happens if they have not showed up for the first scheduled trial) and the Prosecutor makes a second request for adjournment, then you have to stand up and contest the request. You have to remind the court when the charge(s) originally took place, the date of the first scheduled trial and the fact that you have had to invest a lot of time and resources and have had to absent yourself from your employment to challenge this/these ticket(s) and refuse to come again.

    Normally if you put up enough of a stink, the Justice of the Peace (in order to look fair and equitable) will state for the record that if the officer does not show on the next date, the matter will be dismissed.

    Remember to http://fightyourtickets.ca

  202. Hmmmm … ok so I went to court today, the parking officer was not there … however, my case was not automatically dropped … they asked for a plea (guilty, not guilty, adjourn to another day). I opted to adjourn to future, what am I supposed to say if the officer is not there to have the charges dropped?

  203. Hi Bobby: If you can’t find the certificate of offence for each charge, you can contact the location where
    you filed the Notice of Intention to Appear and ask them to provide it (refer to the Notice of Trial
    for the relevant information). If there is not enough time to wait for them to provide it – then
    file the Application for Stay of Proceedings without it.

    Remember to always http://fightyourtickets.ca

  204. OK one more question please (sorry), what if she can’t remember where she filed her tickets? What should I put there? How can she not remember? I know … my question is how can she get 1 ticket every month haha.

  205. Hi Bobby: what I am referring to is the cardboard placed on the last page of the book of documents (or the “backing” of the book of documents). This is where the physical stamps are placed on the back of the Application of Stay of Proceedings. This cardboard can be found at any staples or kinko’s – tell them that you want this on the very last page on your book of documents and they will understand what you mean.

    Remember to always http://fightyourtickets.ca

  206. Thanks for the information. Though I’m not quite understanding the “blue card board” bit in your guide?? Where do I get this “blue card board”? Thanks.

  207. Hi Bobby:
    You should definitely submit an Application for Stay of Proceedings for each of the matters you have described. Keep in mind there are strict time limits for the submission of an Application for Stay of Proceeding and you must submit each Application in a timely manner. It is normally about 20 calender days before each scheduled trial – you have no time to waste, submit them now.

    Remember to always http://fightyourtickets.ca

  208. Wow … what a great site and wealth of information you provide. Perhaps you can help me out here. I was given 5 tickets from my sister to take care of this past Monday (November 15, 2010). The trial dates are December 2, 14, 15, 16, 23.

    I plan to just attend the December 2nd one and see if they’ll just reduce the fine. Would you advise I make an Application for Stay of Proceedings for the rest? They are all parking tickets with the following fines: 40, 30, 60, 105, 30, respectively.

    The infraction dates are as follows: July 11, 2009, May 27, 2009, September 9, 2009, August 16, 2009, June 15, 2009, respectively. Thanks!

  209. Hi Frank: This is an interesting one. It sounds like the officer initially screwed up by not filing the original charge
    and rather than lose it on that point, he personally served you with the ticket on the second occasion.
    If he didn’t personally serve you, time limits would have run out and you would have been in the
    clear. But he served you and you accepted the ticket (within the time limits) and therefore he was
    able to cure the original defect by re-serving you with the certificate of offence for the same incident.
    Go to court and fight it though, he may not even bother showing up.

    Remember to always http://fightyourtickets.ca

  210. i received a certificate of offence on Feb 17 2009. for fail to sstop at school bus -meeting. I went to abtain a court date within the fifteen days and was give papers The officer did not file this certificate of offence with the courts. On march 9 2009 I was served with a new offence certificate by the same officer for the same offence. When I went sownn to set a date the court was not sure what I should do but I lined up again to set a court date. Is the officer allowed to serve me woith a new certificate of offence because he failed to file the first certificate of offence with the same charges on both. my trial date for the secoond certifictae is on Nov. 8 2010. thanks

  211. Dear fightyourtickets.ca:

    It is important for me to acknowledge that you did a
    fantastic job on your book – I bought it, I read it and
    I went to court and my tickets were dismissed.

    I can truly say it was a good investment, please keep
    writing and improving your website and books.

    thanx

  212. I think it is worth mentioning that out of all the websites I have used for research and legal pointers in the last 14 months, yours is by far the best.

    I was intrigued by the advertisements of your book “Fight Your Tickets: A Comprehensive Guide to Traffic Tickets” and I went to the World’s Biggest Bookstore and bought it the day before my trials at the Old City Hall on Queen Street.

    I used one of the tricks in your book (by carefully following your instructions) and although the Prosecutor tried to discourage me from presenting my tickets in trial (by delaying it, 3 times) my perserverance paid off. The JP threw out all 4 tickets and told everyone in the courtroom that I was well prepared and obviously did my homework. I had worried about this ticket since a conviction would have meant I lost my insurance and my job.

    I couldn’t afford what the paralegal wanted to charge me (he said he would give me the discount rate at $2400, not the normal rate of $3200) and I won’t even mention what a second rate lawyer wanted as his retainer.

    Thanks to Erick Jeffery and Max Smith – without you guys working for us, I’d be out a job. Thanks sooooo much, I feel smarter and more able than ever before.

  213. Hi Rueben:
    If you are convicted, you are convicted and not the vehicle that you were travelling in. Only your insurance record would be affected and not the registered owner of the vehicle and/or his/her insurance policy.

    Remember to http://fightyourtickets.ca

  214. Another question that came to mind if I am convicted. Since I am not the policy holder of the insurance on the vehicle, would the policy holder see an increase on her insurance or would the increase only apply to me the driver upon renewal of my insurance?

  215. Hello once again,

    So I followed your advice and did another single day 1000+km roundtrip to Napanee and back to serve the court my intention for a trial. Upon serving the ticket which the officer had given me, the clerk at the front counter, trying hard to seem sincere, informed me that I had not 15 but 44 days from the date of issuance to submit my intent for a trial and that I didn’t need to spend over $100 in gas to submit a piece of paper which I could have mailed to the court via registered mail. Needless to say I was not happy, but kept my cool, smiled at her and calmly strolled out of the court after she informed me that I would recieve my trial date in the mail.

    I came home two days ago and saw a letter from the county of Lennox and Addinton serving me a notice of trial set for January 2011. While I am bummed slightly that I have to go to trial this quickly, the information I have gathered from other sites have made me more uneasy about my chances of winning my case. Many posters on other forums who have appeared in the Napanee courtrooms caution that because of the small size of the town, many of the JPs, prosecutors, and OPP officers are quite cozy with one another and traffic tickets are the “bread and butter” of many police officers in that juridiction. While I am heartened by the wealth of knowledge and encouragement you offer us laypersons on your site to fight our tickets, the prospects of having a three-way tag team put me through the ringer is quite disconcerting.

    A background of my alleged offence stems from driving for ours on the 401 which I’m sure you’re familiar can become a zoo if certain drivers decide to turn public roads into their own Need for Speed playground. While driving on that fateful night I was witness to motorists weaving through multiple lanes at speed, switching lanes without indicating, racing, and truck drivers refusing to move to the right lane even though the lane was empty. So after witnessing all sorts of fun driving styles I drove on through Napanee where the combination of turns in the highway and rock sidings can limit or slightly alter your view of traffic ahead, especially in pitch black night.

    I was rounding a particular turn in the road at about 115-120km/h when, from my view while making the turn, I noticed a truck, parked on the shoulder, with it’s left signal lights on indicating that it is about to enter the highway from the shoulder. Common courtesy would be for me to leave the right lane which I was travelling in and move to the left (passing) lane and allow the truck to merge with traffic safely. Now upon completing the turn and coming onto a straight in the road, I noticed the truck on the right shoulder had its hazards on and was not moving to merge with traffic (I naturally assumed the driver was taking a respite), at the same time I noticed another truck that had come out of the turn which I just completed ahead of me indicating to return back to the left lane. This lead me to conclude that the driver ahead had also seen the left indicating lights from the parked truck and made the same conclusion and entered the left lane. Then upon finishing the turn noticed the parked truck wasn’t moving and returned back to the right lane.

    Keep in mind also that I just noticed a set of headlights coming closer to my vehicle which indicated to me that at my current speed, the vehicle behind me must be doing anywhere between 10-20km/hr faster than my vehicle was moving.

    As I was passing the parked truck and noticing that the truck ahead of me was switching to the right lane, I realized that I had one of three options (1) return back to the right lane, safely slow down/ brake and not hit the tail of the truck ahead of me; (2) continue in the left lane at my current speed of 1115-120km/hr and hope the speedster behind would slow; or (3) accelerate quickly, pass the truck, then return back to the right lane and leave the left lane for speedster behind me.

    Well I chose option three and believe I pressed on the gas pedal harder than I intended to, and as I was passing the truck noticed the police cruiser parked on the left. I completed my pass and immediately returned to the left lane only to look back in my rearview and notice flashing lights on my tail. So I pulled over and waited for the officer to come to my vehicle. The truck which I had just passed bumbled its way by and no less than 15 seconds later I saw a BMW and what looked like a Saturn zoom by without the officer thinking twice about going after two vehicles that were obviously racing.

    Now that I have a trial date I’m hoping:
    1) The officer doesn’t show up
    2) The prosecution accepts my offer to change my charge from a moving offence to a non-moving offence, fine me an amount equal to or less than my present fine and charge me demerit points equal to or less than the four which I’m facing if convicted.
    3) Judge or JP would be understanding of the circumstance that lead me to accelerate and dismiss the case (quite a long shot but one can hope).

    Once again thanks for all that you do to empower us non-legal persons with your knowledge.

  216. Thanks Admin, as always.

    About the handheld devices…have you ran into those types of tickets though? I know the law is still relatively new…but any advice if it goes to trial?

    I have sent for disclosure notes of course. And I imagine since it is 7 months after the ticket, I may have a case for stay? (may be pushing my luck)

    Thanks.

  217. Hi Simon:
    You can always submit an Application for Stay of Proceedings. Keep in mind that any delay attributed to the
    defendant will not form part of the calculation for the Stay; only delays attributed to the courts (usually
    the Prosecutor or the Crown) will be accepted.
    Remember to always http://fightyourtickets.ca

  218. Admin,

    I haven’t messaged in a bit. I had a paralegal adjourn for me till November 25th. Now that may coincide with a religious holiday…not sure if talking to the prosecuter about that will help…

    On another note…have you ran into any tickets about handheld devices? I got one around the same time period (back in June in London) and court isn’t until January. Application for stay is worth the try?

    And on the same note, would an application for stay be applicable if it was the defendant who had asked for an adjournment in the first place? Just a general question.

    Thanks as usual.

  219. Once again, thanks. I’m almost finished the Stay documents, and I will then go do the “stations of the cross” at 2700 Eglinton W.

    To try to make my case about being stopped for loading, in your experience should it be sufficient to demonstrate that that the officer didn’t to anything or enough to first determine whether the car was stopped for loading ,by drawing out his lack of recall of the specifics (timing, car occupied or not, 4ways or not, engine running or not, etc), or would I have to be prepared to testify, thus opening myself up for cross-examination. We do have a receipt for the pants that my wife was picking up that day.

    Same as you, I’m hoping that the Stay will not make any of this necessary.

  220. Hi Ken:
    File the Constitutional motion and prepare for the merits of the case.
    If the officer convinces the JP that you were parked, then it is likely a conviction will be registered in your case.
    It is your job, if the Application for Stay of Proceeding is unsuccessful and that is unlikely, to inject doubt into the equation.
    Under Ontario’s Highway Traffic Act, here is the definition of parking,standing & stopping: See section 1: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK0
    Interpretation, general:
    “park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; (“stationnement”)
    “stand” or “standing”, when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; (“immobilisation”)
    “stop” or “stopping”, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal; (“arrêt”)
    Remember to alway http://fightyourtickets.ca

  221. Thanks for your advice and encouragement.

    And yes I’m going to do the silly marathon of affidavit & Application for Stay, either tomorrow or Monday.

    Regarding the minimal disclosure I got, and whether or not the officer will remember me, my paranoid side thinks that he might be more likely to remember me because I questioned him about the ticket. I wasn’t confrontational or abusive, but of course I felt we had been unreasonably ticketed and said so. I also wonder whether an officer would keep an ‘unofficial’ journal with notes whenever a driver argues with a ticket, and is therefore more likely to take it to court?

    Correct me if I’m wrong, but if the trial goes ahead, all the officer has to do is to convince the JP that the car was there (however briefly, occupied, keys in ignition, 4-ways on, etc), and the parking violation is proven, yes? Or can I win by raising doubt about whether the car was parked or just “stopped” briefly, and the officer did not use good judgement?

    Cheers,

  222. Hi Ken:
    Although the officer who issued you the ticket jotted down some notes
    (in his own language), it appears that he will have little or nothing to draw
    upon to refresh his memory with respect to the events that arose and the
    circumstances under which he made the decision to issue you a ticket.

    This is good. I have seen this before and the officer will have little or no
    ability to remember the events on the day in question; especially given the
    amount of time that has transpired since he wrote this ticket. The fact that he
    stated that the ticket was affixed to the vehicle, reveals that he just ticks this
    off as a matter of routine and doesn’t put a great deal of thought or effort
    into accurately depicting events at the time – meaning he will be at a loss later
    to specifically recall what actually happened. This works in your favour and to
    your advantage.

    The question you have to ask yourself is how many tickets this officer has issued
    since June 2009? And after determining this figure, why would your case stick out
    in his mind – what would make the circumstances surrounding your ticket significant
    enough for this officer to remember your ticket – out of all the others that he has
    generated over the last eighteen (18) months? Your ticket would not stand out and
    he will have a terrible time even recalling the events which arose on the day in question.

    I wouldn’t bother making an issue about the disclosure that he has provided – as long
    as you’re concerned that is all he has and all that the Prosecutor has supplied you with.
    This actually works in your favour. Remember the Prosecutor is also stuck with that
    which the officer offers in the way of disclosure.

    Make an application for a Stay of Proceeding as soon as possible. You will win it.
    Eighteen (18) months is about four (4) months too long in Toronto. Submit is as soon
    as possible.

    This case is a winner. Remember to always http://fightyourtickets.ca

  223. So… Hi again!

    We got a $250 ticket (parking in a fire route) when our car was stopped in front of a west-end shopping mall, in June of 2009.

    The actual particulars – wife driving, we had stopped the car, I stayed with the car, keys in, 4-ways going, while my wife nipped in to pick up a pair of pants from the dry-cleaners. About a minute after stopping, a white car pulls up behind us, and toots horn briefly, and only once. From my b\position in the passenger seat, I could only use the side mirror, and it looked like a white N. American car, nothing unusual, and it was someone picking someone up. So I didn’t react. When my wife returned to the car, pants in hand, the guy handed my wife the ticket. I immediately went back to the officer and questioned this. His reply was “well I honked…” and that I would have to take it to court.

    Based on your good advice, I requested a trial, and the trial date notice came in Sept 2010 for a December 2010 trial. I immediately put in my request for disclosure, and picked it up today (oct 13).

    All they gave me in the “disclosure” was two pages – a cover letter from Toronto Police Services with a contact name, and a computer-generated page that contains very little more than the info on the ticket itself. There’s also a doodle on the back, which is nearly inscrutable, but I think is meant to indicate what direction the car was facing, approximate position of No Parking sign, this note “S/S” and a “7” (or it’s an arrow pointing to the upper right. There is also a factual error on this document – for service method, it says it was affixed to vehicle, which wasn’t the case.

    OK… the questions:
    – is this complete disclosure? I suppose it is sufficient to prove where the car was and when, but has no other info of the situation. Should I complain, and what more disclosure should I expect?
    – should I just put in the charter challenge for unreasonable delay? The trial being over 18 months after the alleged infraction, is it a slam-dunk, or am I likely to be denied?
    – assuming that I can’t stay proceedings by bellyaching about the delay or the lousy disclosure, would the facts of our situation (just stopped, person in car, vs parked) be likely to win the case, or should I just try to cut a plea bargain with the prosecutor on the day of the trial?

    Thanks for any suggestion, and for providing such helpful information.

  224. Hi Simon:
    If you can’t dress formally, then don’t draw attention to yourself by making a comment that may invite the scrutiny of the JP. Under the circumstances, the court may underestimate you and give you greater latitude to in the presentation of your case. Good Luck.

    Remember to http://fightyourtickets.ca

  225. Wow…as I arrive at the hotel I realize I forgot my suit back home…so will be walking in there with jeans and a regular button up shirt…already I feel at a disadvantage…would it make a difference if I appologize to the JP as they call my name for my dresscode and quickly in one sentence explain what happened?..

  226. Hi Reuben: You have to file in the City that you received the ticket in, if you are seeking a trial. After you have filed your Notice of Intention to Appear, then you would have to wait for your Notice of Trial. Follow the pages on the website and you should be able to familiarize yourself with the process.

    Remember to always http://fightyourtickets.ca

  227. Hi Admin,

    Just came back from an overnight trip to Ottawa, and got me a ticket for 143km/hr in a posted 100 km/hr zone. This is my first ticket ever. I’m normally not a speedster, regularly drive at the limit or at most 10 more than the limit. The ticket was issued to me in Napanee and I reside in Windsor, if I choose to contest the ticket would I have to submit my Notice of Intention to Appear in Napanee as it’s stated on the back of the ticket, or can I submit the notice right here in my city. I don’t want to spend an additional 8hrs on the road just to submit a piece of paper even if I feel there’s a good chance for me to either get the fine reduced or stayed. Great website you have and thanks for any and all your assistance in advance.

  228. Hi Fred: I don’t think that the age of your agent (who is seeking an adjournment for your case, while your out of the country) will be an issue. The person who is advocating on your behalf is simply making representations on your behalf that you are not in the country and as a result, you require an adjournment of the matter. This is quite common.

    Remember to always http://fightyourtickets.ca

  229. Hello Admin,

    I am outta the country and going to send in a colleague/friend w/ a letter of consent by me to request an adjournment. I have just encountered a potential dilemma — is there a certain age that my representative attending my trial must be?! Couldn’t find anything on it on the ontario courts site or google

    Thanks in advanced!

  230. Well Admin,

    thank you for all your help. I guess here is my strategy. Please advise…

    After reading your book and doing much research I will try this…

    1. I will go early and try to find the officer and talk to him to explain my situation (driving record not good, etc… show him insurance papers…it really is bad enough to show). If he still decides that he wants no reduction for me…

    Simon – do not talk to the officer prior to the hearing – this will not help
    and in fact may hurt your case. Remember the officer is there to provide evidence to ensure that you are convicted. It is important to look for the officer, as he/she may not even appear, in which case, the Prosecutor will not be able to establish his/her case. If the officer doesn’t show, wait for your name to be called on the docket and go to the front and ask that the charges be dismissed as you have taken time to show up and the officer has not.
    If you see the officer that issued you your speeding ticket, then you should approach the Prosecutor and attempt to plea bargain, if you are not in a position to argue the merits of your case. The Prosecutor can drop the speed in the speeding ticket and may even be prepared to accept a plea of guilty of 115 in a 100 km/h zone.

    2. Not sure what I would settle for honestly…131 in 100 will get me in an interview room for a second time (not good), in any fact any speeding ticket will leave me in high risk mode…so is it worth it to fight the ticket and go all or nothing? who knows…

    It is always worth fighting, especially if you consider the alternatives and the consequences flowing from them.

    3. Disclosure was not fulfilled FULLY. I only got officer’s notes, which include that he did the test before (not after) he gave me the ticket. It does have the serial number of the device. Manual, he only sent 3 or 3 pages of it. No training record, no history of repair of the device. Can I use this to get an adjournment and hope for a stay of proceedings under 11b because of the delay?

    You can try and convince the Justice of the Peace that you will need these particulars in order to properly defend yourself. If an adjournment is provided, you can use that time in your section 11(b) Application of Stay of Proceedings.

    4. If both the first two don’t work…I’m wondering if it would be in my best interest to talk to the prosecutor about the missing disclosure as a good gesture before standing in court and being asked what do I plead.

    Definitely speak to the Prosecutor about this issue, as it will be the Prosecutor making the argument that it is unnecessary for your defence to have these particulars. If you can convince the Prosecutor that you requested this information and did not receive it (it is the duty and obligation of the Prosecutor to provide you with disclosure on behalf of the courts) then the Prosecutor may agree to adjourn the matter and provide you with this material prior to the next scheduled trial.

    5.After reading your whole book, you have mentioned that certain things can be brought up to try and dismiss the charges, one of them is lack of mention that officer was trained to use the device. I believe from my understanding this is brought to light at the end? After the prosecutor has conducted the chief examination. If I mention it in my closing argument though, won’t the J.P. ask me why I didn’t mention it before by asking the officer if he was trained? And would it be good enough if the officer actually claimed he was trained (without seeing training records).

    If in chief examination the Prosecutor asks the officer about his/her training then your opportunity comes next, when you’re entitled to ask the same officer questions about his training (or lack thereof) in cross-examination. The Justice of the Peace will determine whether of not it is necessary to have the officer’s training records into evidence or not.

    6. I will bring case law, namely Regina v. Hawkins, which supports the case of proper training and following manufacturer instructions of the device. Which I believe may not have been followed to the T. As a rule of thumb, is caselaw brought up at the end in closing? Because I have a feeling the prosecutor might be armed with his own, and when would he bring up his if I do bring mine to light?

    You would introduce this strategy beginning with your cross examination of the officer who testifies that he/she is competent to use the speed measuring device used to issue you a ticket for speeding. If the officer claims they are properly trained and competent – then you have every right to challenge them on that evidence. If you are going to use caselaw, then ask questions that are in line with those decisions and that those decisions examine. It is in your closing argument that you would introduce your jurisprudence. Don’t worry about what the Prosecutor may or may not have up his/her sleeve; if you present a good argument, then you have presented a good argument and nothing that the Prosecutor may say or do will change that. It is the Justice of the Peace that makes the final decision, not the Prosecutor.

    That’s what I’m looking for during my trial. Again thanks for all your help. I thought I caught something wrong on the face of the ticket but do you know if between time the book was written and time of the ticket if anything has changed in the HTA for 131 in a 100? I just want to make sure, if that is definitely a mistake by the officer then that’s all I need to have the JP quash the ticket. Officer has it listed as 131 in aa 100, $186 for a total of $226 including fines

    Nothing has changed.
    The JP can only quash the ticket, if he or she is dealing with it on their own and not in a trial setting. In a trial setting, the information can be amended and will be.

    Once again, this is likely my final correspondence, and just need that last extra boost because I’ve seen on many sites and forums, officers discourage the laymen like us from fighting tickets due to the fact that the prosecutor and officer go through this regularly and we’re not experienced to fight them so our chances of winning are slim apparently…

    The fact that you’re contesting this ticket and going to the lengths that you are, shows a great deal of courage and determination. I think that you’re doing a great job and will learn an awful lot throughout this entire process which can be utilized later on, if not for yourself, for others.

    Remember to always http://fightyourtickets.ca

    Thanks again for everything regardless of what I will do…

    Sincerely,

    Simon

  231. Hi Trevor: these are the stories I was referring to (see the Story in the Toronto Star, as well as the Compensation for Victims of Crime Act @ http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c24_e.htm ) at this address on your new phone – http://www.thestar.com/news/investigations/article/702444 . The Federal Government has set up an office for a Federal Ombudsman for Victims of Crime @ http://www.victimsfirst.gc.ca/abt-apd/qas-faq.html#q16 . R (get going to RyHy)

  232. Hi Simon: You can rely upon the caselaw at your trial – but have at least three copies on hand (one for yourself, one for the Justice of the Peace and one for the Prosecutor).

    Good luck at your hearing. Remember to always http://fightyourtickets.ca

  233. Finally, I’m looking at some case law…I did not provide this in my disclosure to the prosecutor. Is this still ok to use in court next week (In fact it is this coming Tuesday…so am extremely nervous to say the least)….

  234. Hi Tsa:
    You should certainly fight it, as it did not happen. If the notes are difficult to decipher because the officer who wrote them cannot write (and this applies to people in every profession, you should see my doctor’s writing) then you can request that they are typed so that you can actually read them and make sense of the case against you. Contact the same office that you contacted originally to request disclosure and ask that the “handwritten notes” be “typewritten as you cannot understand them and cannot accurately decipher the handwritten notes”.

    Don’t accept the plea. If you actually do all of your homework before you show-up for the scheduled trial, you will be surprised at the results. The Prosecutor will be much more reasonable at the trial. If the officer doesn’t show up for the hearing, then the courts will not be able to
    convict your dad and the charges will be dropped.

    If it is a plea bargain that you are thinking about entering into with the Prosecutor in an effort to lower the number of kilometres travelled in excess of the posted 80 km/h in a construction zone and if you want the total fine payable to be lowered, the best way to ensure success with regard to this objective, is to show up on the date of the trial and speak to the Prosecutor. I hope that your dad requested an interpreter if he needs one at the trial.

    Remember to always http://fightyourtickets.ca

  235. Hi Admin,

    I posted a comment awhile back on August 11th inquiring info for my dad. I’ll just recap what the ticket was for:

    117KMH in 80KMH zone – construction zone (in St. Catherines)

    The Disclosure has arrived attached with a Change Screening Form which indicates a plea of 109/80KM/H. I’m not sure if we should accept this or just decline and wait to go to trail to bargin a lesser charge.

    The Disclosure documents included are only the officer’s notes where a majority of things are blocked off. There’s only about 20 lines that are visable but the handwritting is hard to read. Can you adivse what I should be looking for in the notes? And whether or not we should accept the plea? The offer expres on Feb 21, 2011, a month before the court date.

    They also included a Driver Record which clearly indicates that my dad has a pretty clean record, the last time he ever had a ticket was in 1981 for not coming to a full stop at a stop sign. Would this help his case as well?

    Many thanks for you help again!

  236. Hi Jeremy:
    You are doing a great job and placing the Prosecutor in a position that no Prosecutor wants to find themselves in.

    With respect to the Application for Stay of Proceeding, it is always a good idea to have the front and back of the application sandwiched by blue cardboard. In this way, when you are serving the Application of Stay of Proceeding, the clerk needs only to stamp the back of the Application, which serves as your proof that you served the necessary parties.

    You are a layperson and not a paralegal or a lawyer and therefore the Courts will provide you with a lot of leeway and give you plenty space to make mistakes.

    I’m impressed with the amount of experience that you already have under your belt with respect to this matter. After every mistake or oversight, you will learn for the next time and will be able to help your family, loved ones and friends in the future.

    Keep up the great work and keep me updated with regard to your struggle.

    Remember to always http://fightyourtickets.ca

  237. Hi Simon:
    Don’t be worried, you’re only attempting to secure that information which you feel is relevant in this matter. It is always best to ask for as much disclosure as is available.

    If the officer has not indicated in his notes as to when he tested the
    speed measuring device for its accuracy (calibration records) then he will testify to those efforts when he takes the stand in your case. Even though he has not indicated in his notes as to the steps he took to ensure that the speed measuring device was in good working condition and took accurate measurements of the speed of motor vehicles that he tracked, he will state this on the stand without the use of his notes to refresh his memory or to assistance him in the recollection of the events on the day in question.

    You should prepare some notes (some questions) in anticipation of the officer taking the stand and testifying to these facts. Remember there are four (4) parts to a trial-
    1. The Prosecutor calls his witness(es) and conducts an examination-in-chief, where he asks the witness questions regarding the charge that you are facing. The Prosecutor cannot ask “leading” questions.
    2. After the Prosecutor asks questions (and sometimes the JP will ask their own questions) and finishes the questions, it is now your turn to ask questions. This is called “cross-examination” and you are allowed to ask questions that are relevant to your case. You are allowed to lead witnesses during this stage of the proceeding.
    3. After you have finished with your questions, the cross-examination stage is finished. If you have asked a question that the Prosecutor did not and the Prosecutor thinks that the officer’s answer may have been detrimental to his case, he can ask the same officer questions and this stage of the proceeding is called “re-examination”. The Prosecutor cannot ask “leading” questions.
    4. When examination-in-chief, cross-examination and re-examination is complete, then it is time to gather all the facts, the arguments and the testimony and make your final argument in front of the JP.

    The Prosecutor always goes first with his witness(es). If there is only one witness, then the steps 1-3 above will take place. At that point the Prosecutor should say that that is his evidence in the matter. Now the ball is in your court. If you have a witness, then you would place that witness on the stand and steps 1-3 would take place, in which you would be the one conducting examination-in-chief and if necessary, re-examination. The Prosecutor would only conduct cross-examination.

    Remember that it is not your case to disprove, in fact it is the Prosecutor’s case to prove, beyond a reasonable doubt. If you establish enough doubt, then in most cases the Court will provide you with the benefit of the doubt and will dismiss your charge.

    If the Prosecutor believes that you have been provided with adequate disclosure, he may not provide you with anything further, nor advise you that this is the position that he will assume at your trial. This is done to knock you off balance, so that you aren’t prepared for his objections prior to the scheduled trial date.

    Remember there is no firm set policy as to what you are allowed and not allowed to receive in your disclosure request. The only reason there is an informal check-list of of items established now, is due to the fact that defendants and their counsel have argued for the need of these items and the Courts have ruled on these issues. You would have to do
    some research on CanLii and other reference tools to ascertain how the courts have ruled and what it says about section 7 of the Charter.

    If the Prosecutor has failed to provide proper disclosure and this has the effect of delaying your trial, then the Prosecutor has not met his obligation to ensure your right to a fair trial and a proper defence. It is important to know that the Justice of the Peace has a duty and an obligation to protect and safeguard your rights under section 7 of
    the Charter. The ultimate remedy in a case where your rights under section 7 (right to full disclosure) have been breached is a “Stay of Proceedings”. You should never suffer prejudice as a result of a Prosecutor who has been neglectful in his/her duties.

    The Prosecutor will not offer this to you or even suggest it to the Court (the JP) as it would be considered an admission that he did not do his job properly and that he screwed-up.

    If you have issues with the lack of disclosure and the JP agrees with your position in the matter, then it will be up to the JP to say “yes” of “no” to a Stay. You would have to request this, after the JP dealt with and made a decision with regard to your objections and inability to continue with the case, as you are not able to make a full answer and defence to the charge(s) you are facing. This is what the decision
    Stinchcombe speaks to.

    I covered the pre-plea submissions in the previous email.

    Your doing well, keep up the good work. Remember to always http://fightyourtickets.ca

  238. Thanks Admin. Once again very helpful. I had sent another message almost a week ago. I’m not sure if it glitched and didn’t make it through so I will copy and paste it into this field just in case. I appreciate your help again. Here is the previous message I entered.

    Hi Admin,

    So I followed your advice. I sent the prosecuter a letter mentioning that he only sent me the officer’s notes and that the balance of the items requested were not sent, which were the following:

    – Make, model, and serial number of the radar unit and its owner’s manual (I realized you said the owner’s manual is a stretch, but I needed the other stuff)
    – The officer’s training record specific to the said radar unit
    – the calibration record and repair history of the said radar unit
    – the records of any calibration equipment such as tuning forks
    – the officers log on the alleged offence day including all tickets he/she had written.

    Remember this is the second letter, sent on Aug.25, my first letter was dated and sent on June 25th, and I had called to ask about the outstanding stuff on August 12 where I got a message he had been away on vacation for 4 weeks. August 23 called again and left message. (all this is documented). Both letters sent registered mail.

    Aug.31 he left me a voicemail saying the items I requested were sent and I should receive them within 4 to 5 days. I received a package on Wednesday Sept.8th. It included:

    – Officer’s ticket, notes only of THAT incident, and a section from the owner’s manual about HOW to SELF-calibrate and do a self check, and what the machine should show on the LCD etc…

    I still don’t have his training record on the device, the calibration history of the device…and I actually want to know if this device (like every device I know of, has to be sent in to a lab or the manufacturer for calibration and what was ued to calibrate it and how often. Do I actually need to spell this out for him after two letters of requesting it? And here I am with exactly a month away from my court date? Do you believe I’ve done my part after 3 phone calls and 2 registered mail letters?

    I’m really worried come court day they will say I requested all this information that I’m not obligated to have and that only what they sent me is what I’m allowed..

    Also, my second question is if I do ask for a stay of proceedings based on not getting all the requested info, when should I mention all this? In the process, I have to first plead not guilty right? Is it before or after the prosecuter begins the case and says their part. Should I tell the court about not having all my stuff right at the beginning?

    Thanks again,

    Worried Simon

  239. Hi Simon:
    If you have not received full disclosure by the time the trial is scheduled, then you would have to raise this issue at the beginning of your matter, before you enter a plea. This would be referred to as a pre-plea motion.

    There is no need to talk to the Prosecutor about this prior to your case being called. Once your case is called, you would stand and go to the front.
    You’ll be asked if you are who you are and you reveal that you are the person who was called.

    The Court Clerk will stand and read out your charges and ask you if you are going to plead guilty or not guilty to the charge(s).

    You would say “Your worship before I enter a plea in this matter I must alert the court to the fact that I have requested full disclosure and have yet to receive it from the Prosecutor. Rather than putting this matter over again and stretching this matter out, I move that you grant a stay of proceedings, given the fact that I am in no position to proceed with this matter until I am in a position to make a full answer and defence to the charges, which I cannot do until I have received full disclosure and to date, the Prosecutor has not provided me with this disclosure.

    If it is a Stay of Proceedings related to time limits under section 11(b) again, you would have to ask the court to deal with the preliminary matter (your Application for a Stay of Proceeding) prior to submitting your plea. In this case, you would have already provided the Justice of the Peace and the Prosecutor with a copy of the Application weeks before the actual date of the trial.

    Remember to always http://fightyourtickets.ca

  240. Also, when would I present my case to ask for stay of proceedings? Would that be at the beginning of the court?

    And if I still don’t have the documents, would you recommend that I talk to the prosecutor beforehand about the documents? or would that be detrimental to me in my case once it starts?

    Thanks again,

    Simon

    P.S. Already a quarter of the way through the book and got some good ideas thus far even. Thanks for the insight and the book is helping.

  241. Hi Hussein: Alot of traffic tickets issued in the State of Texas are classified as criminal offences (class C misdeanors) and carry heavy fines (up to $500.00) including costs. So your right, when driving in Texas, follow all the State rules and drive on the major highways. There is a reason why there are 9.5 lawyers per 10,000 residents concentrated in Texas (making it 17th on the list – see: http://www.averyindex.com/lawyers_per_capita.php )
    Remember to always http://fightyourtickets.ca

  242. Hi Simon: When the issue of disclosure presents itself as a central issue in a trial, the Prosecutor will argue that any defendant seeking disclosure must be diligent in that effort and that the defendant must do more than simply make one (1) request, especially when part of that request was granted (you have received partial disclosure). You have a right to seek “full disclosure” and for the courts to provide anything less, could have a detrimental effect on your ability to provide a full answer and defense to the charge which is scheduled for trial.

    The Justice of the Peace has an obligation to ensure that your rights under section 7 of the Charter are protected and are not breached, due to the irresponsible or negligent behaviour of a prosecutor.
    Write a letter to the prosecutor’s office and send it via registered mail. In your letter outline your efforts to seek disclosure to date and inform the prosecutor’s office what has been provided and what hasn’t been provided and what you are still requiring (to prepare for your case and have the opportunity to make a full answer and defense at the trial) for your upcoming trial. This will be your second request.

    It is important to keep in mind that the ultimate remedy to a lack of disclosure, is for the courts to provide the defendant with a “Stay of Proceeding” (due to a section 7 Charter breach).
    If by the trial date, disclosure has still not been received, then the matter will have to be put over (an adjournment). If too much time ends up elapsing, then you will have a section 7/11(b) breach (and the courts will only have themselves to blame, given that you have been proactive and diligent and they have delayed the matter through their inability to furnish you with the particulars that you requested, in accordance with section 7 of the Charter. The ultimate remedy for a section 7 violation is a “Stay of Proceeding”.

    Remember to always http://fightyourtickets.ca

  243. Thanks Admin.

    I do know he used a radar gun, because get this…when I asked him to see it, he told me for safety reasons he doesn’t normally on the highway but he let me walk over to the passenger side of his car and see the radar reading.

    Now the letter that I sent explicitly said that I need all the above information (from my previous post). And I called and left the gentleman the message that I did not receive all the information required.

    So my understanding is I should follow up with a second letter and send it the same way (by registered mail)? And is there a time limit where it is too late when it gets close to the trial date? My trial date is coming up on October 12th.

    Thanks again. Your advice is very valuable.

  244. Hi Simon: You can request them and are entitled to them.
    The reason that the courts would insist that you be provided with them is due to the fact that you need to know so that you are not surprised at the trial and to ensure that there is an equal playing field in the court when you are having your trial. Normally the prosecutor’s office has this information filed away in the event of a disclosure request, such as yours.
    Remember to always http://fightyourtickets.ca

  245. Hi Simon: If the officer used radar or lidar then you are entitled to the information which you have requested. The prosecutor’s office should provide the officer’s notes and the manufacturer’s information regarding the speed measuring device that was used by the officer. The officer’s notes should contain a calibration of the speed measuring unit before he/she used it and after he/she used it (just to confirm that the speed measuring device was in proper operational condition and was accurate). The prosecutor must reveal to you what speed measuring device was utilized by the officer and many of the prosecutor’s offices have photocopies of the manufacturer’s recommendations with regard to the device and how to use it (with details containing calibration exercises, and what to do and not to do with the device, etc). See http://fightyourtickets.ca/tickets/disclosure/

    You are entitled to this disclosure before the trial, this is your right under the Charter. If your Charter rights have not been respected before the trial commences (you have not received “full disclosure”) then you are entitled to adjourn the trial to a future date, while the prosecutor furnishes you with all the particulars that they will rely upon (in an effort to establish their case against you) in the trial.

    Perhaps the officer didn’t use a speed measuring device, but instead used their speedometer. This is harder for the officer to prove in court.

    I would write to the prosecutor’s office, detailing all the particulars that you are requesting in your disclosure. Make sure that you send it registered mail (this way you have a tracking number and they have to sign for it at their end and the courts and legislation recognizes “registered mail” as a legitimate means to provide service). See http://fightyourtickets.ca/three-3-trials-for-the-same-speeding-ticket-2/

    Remember to http”//fightyourtickets.ca

  246. Can I request documents regarding a radar gun as part of disclosure? And are they obligated to provide it?

    Thanks!

  247. My friend is going to Texas and I told him they treat traffic issues seriously, could you confirm it?

  248. Hello Administrator:
    You helped out a friend of mine recently and he was estatic about the results he had at his court trial. You should be thanked for all of the help that you have given to people, just like my friend. He had no chance of winning before he found your indepth website (which I suggested). I don’t drive and would never need your assistance. But I am on a chat line that voted your website to be the Best in North America and you won hands-down.
    When I saw that, I had to tell my buddy who could not afford the paralegal that tried to convince him that he could do the job for only $729.00 and hst would be added on the top. Keep updating your website, it truly is the most inspirational website of its kind. With admiration, Johan.

  249. Dear Admin,

    I have noticed you have some very fruitful and useful advice. I intend on stopping by Chapter’s and purchasing your book.

    I have a couple of cases coming up.

    The main one that concerns me is regarding a speeding ticket up near Brockville (and will be done in Brockville courthouse) speeding (131 in a 100 km/h on the 401). The officer was in the right line and I was approaching in the passing lane and slowed down by the time I got beside him but realized he can tag me while he is driving at a constant speed from way up. HE wouldn’t negotiate at the roadside but said if I make the drive up to talk to him he would reduce it to maybe 120 in a 100.

    So far, I have requested disclosure with a generic letter I got online, but I did request a few more things than just his notes; namely, calibration records about the device and the tickets the officer has issued through the day and hi training on the device.

    My questions are as follows:

    1. I only received the officer’s notes in the mail. Nothing else. Are they obligated to send me the rest of that information? I did call the gentleman at the courthouse and asked him to call me back. He hasn’t yet. He said in his voicemail he is available on Mondays only and rest of the days in court (leads me to think he is the actual prosecutor but who knows). The reason I am asking this is that I know as an engineer that these devices if not calibrated timely may have a variance in accuracy of up to 10%.

    2. I am already considered a high risk driver so any more tickets really would hurt. Would it help to talk to the officer before the court begins? (I’m assuming same day, I live in the GTA so a drive up there on any other day than courtdate is unlikely)

    3. My argument may well be that I was moving with traffic and the cars behind me were going same speed in the passing lane, the right line was full, and I infact slowed down at a safe distance as I was approaching the car in front of me…so did everything to be safe and avoid an accident. Do you feel that would suffice as an argument in court?

    4. And finally, for my other ticket in London, this was one where the officer claims I was texting (new handheld device law), I got the ticket in mid June and now still wait5ing for notice of trial after a requested a trial date in a timely manner. I called the office around beginning of August (I just read in your notes here that I shouldn’t have to call them), and they told me to call them in three weeks again if Istill haven’t received anything. How do you feel about this? (I’ve heard they aren’t too strict on those yet and a lot of these cases are dropped due to lack of evidence…not sure if that is true)

    Thanks kindly in advance for your help.

  250. Hi Nick: I’m so glad that you took the necessary steps to fight this ticket. You never would have won without taking the initiative. Way to go. You’ll find that this experience will make it so much easier to take on the next battle and to help friends and loved ones in the interim. Remember to always http://fightyourtickets.ca

  251. Hello admin,
    I had my ticket dismissed! Thank you for this great website. I only read it yesterday before my trial actually came, so I missed out on getting my disclosure and following the other recommended steps. I had never been to court before so I felt much more comfortable having read through your site and saw how the procedures work.
    I showed up to contest a 10km over ticket which had already been reduced by the issuing officer from 21km over. The reason I chose to fight it was because I am a commercial driver and any infractions on my drivers license can destroy my chances for employment. When I spoke to the prosecutor about my case he said that as my ticket had already been reduced, was for 0 points and the fine was low ($40) he did not offer a plea-bargain. He did however state that by going to trial they would seek to charge me for the original offense of 21km over. I couldn’t find this information (whether they could reverse the reduction) on your site, so I was a bit surprised but assumed it was within their rights to do so.
    I stated my name to the court and as the charge was being read out by the court attendant she stopped, conferred with her coworker and indicated to the judge that the section of the Highway Traffic Act I had violated was not indicated on the ticket – charges dismissed!
    If you can afford to go to court (fortunately I had the day off) remember to always fight your tickets!

  252. Hi Jeremy:
    It sounds like the Justice of the Peace granted the Prosecutor’s request for an adjournment based on the lack of availability of the police officer (who charged you and who is the Prosecutor’s only witness who could give evidence on your charge). This “delay” rests solely on the shoulders of the Prosecutor and can be directly attributed to the actions (in this case, a request to put the matter over) of the Prosecutor. These periods of time count against the Prosecutor in any motion under section 11(b) of the Charter and rests in your favour.
    Put in the Application for Stay of Proceeding and include the entire Askov/Morin decisions (I have never seen an Stay of Proceeding appropriate reader’s digest version of either of these Supreme Court decisions).
    It is also important to seek full disclosure and receive it and review it, before your matter is heard before courts.
    Remember to always http://fightyourtickets.ca

  253. In my case, the prosecutor has delayed the case because the police officer was involved with a criminal case for the originally scheduled date. I would like to open a constitutional challenge, but I am unsure of what needs to be submitted. When the guide suggests to include “the MORIN decision”, am I to understand that the entire 51 pages of the decision need to be included in the submission? Likewise for all 65 pages of the ASKOV decision?

    Thanks for the help

  254. Hi Emay: In response to your questions:
    1. Both tickets exceeding fourteen (14) months, should have an Application for Stay of Proceeding filed. In Toronto the Prosecutor normally agrees to have tickets that have exceeded 14 months dismissed if an Application For Stay of Proceeding motion has been filed in advance of a ticket (file the Application at least 21 days in advance of the scheduled trial – see http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ ).
    2. I’m not aware that this actually takes place in Toronto, yet. Apparently it does happen in Vancouver, B.C. however. Since the summer of 2009 the City of Vancouver has begun sending a court liaison officer to court with a printout of each offender’s history, so they can ask the JJP for higher fines for those with a history of parking illegally.See the story in the Vancouver Sun at http://www.vancouversun.com/news/features/Park+your+excuses+door+days+getting+break+traffic+court+over/1340088/story.html#ixzz0wvU1oQCw . I suspect that the only time someone’s track record can be introduced into the Court is if the individual is convicted of the charge and not beforehand.
    But remember, every ticket is different, containing a different set of facts or circumstances. At the end of the day, every matter must be looked at on its own individual merits.
    3. You would have to establish that the Justice of the Peace is biased or that he/she lacked impartiality and that the records that are maintained in the database, and subsequently relied upon by the Prosecutor and the Justice of the Peace somehow put you at a disadvantage and that you suffered prejudice as a result.
    Remember to always ask for disclosure, which must be produced prior to the trial date. See http://fightyourtickets.ca/tickets/disclosure/ .
    Always http://fightyourtickets.ca

  255. Hi Admin,

    GREAT discussion blog! Thanks so much for this information… you’re doing the public a great service by informing us of our rights!

    I’ve read through everything and have taken all the tips you’ve given to other visitors and will apply them.

    I have 3 questions that I don’t see mentioned here;

    (first some background)
    I have submitted a number of tickets to fight the charges, in some cases because I believe that the ticketing officer was being unreasonable, such as ticketing me while I’m at the meter buying another ticket… and others I’ve fought simply because of the ill will earned by that sort of behaviour by the Toronto parking Gestapo. I don’t press my luck by intentionally NOT paying.

    Two of the first tickets that I have ever fought (out of about perhaps 10 or 11 in total) have now been issued a trial date, and I got the letters today. (I honestly wasn’t expecting these to arrive!)

    My 1st question is this:

    The date of the first alleged offense was 17th of June, 2009. I just received the notice today, 16th of August 2009. The date is for 22nd of November, 2010. This is 17 months, 5 days from the date of the alleged offense.

    Is 17 months likely to be deemed “unreasonably long” in terms of Toronto dates? (I will, of course, go through the Application for Disclosure, and see what that produces, but how strong is a .)

    The other notice is from an alleged offense on the 3rd of September… the notified trial date is 25 November, so 14 months 3 weeks, and 1 day. Is this likely to be far enough outside of the “14 month in Toronto” guidelines to be thrown out, provided there are no additional delays? Again, I’ll still submit the application for disclosure to attempt to gain further advantage.

    My 2nd question is this:

    Is a person likely to be “flagged” as someone to get court dates issued if they fight more tickets than average?

    Is there any evidence or knowledge of a computer system or staff role assigned to watch for people who challenge a lot of tickets… or… is it a law of averages with a lottery-type approach — that the more tickets you fight, the more likely it is that *some* will go to trial, but no individual ticket is any more or less likely to be granted a trial.

    The fact that I got two court dates issued to me on exactly the same date (letter was dated 11th of August) suggests that this may be the case, although they are NOT two sequentially-issued tickets. (There was another one, where I allegedly parked in front of a fire hydrant (which I have photos to fight the ticket with) which occurred between these two tickets that have been issued court dates.)

    Some people have reported to the media filing 20-30 parking tickets at a time, but I haven’t heard anything in the media from them about this. (typically professionals, like courier drivers)

    My 3rd question is this:

    If there is such a system or practice and it can be proven to exist — could this be considered a form of prejudice or discrimination? (ie: the Court saying “where there’s more smoke, there’s likely to be more fire.”)

    It would seem unreasonable to form a prejudice against someone simply based on the number of alleged offenses against them, as this would open the door for any authority / enforcement bureau to create so many alleged charges against a Defendant that they will spend so much of their time defending themselves that it will effectively paralyze their life… which would be abusive.

  256. Hi RH: Unfortunately a ticket in Oshawa would have to be fought in Oshawa. Cities or Municipalities won’t allow you to go to another jurisdiction to fight a parking ticket issued in their city or municipality – this would mean that they would lose control of the decision making (ie-the prosecutor decides to drop the parking charge) and it would mean that they would face an administrative nightmare (if there was a conviction – how would the other city or municipality collect the monies that were collected and who and how should the other court and the other prosecutor and court clerks be paid, etc.).
    You will have to fight it in Oshawa, but should learn alittle bit more about the by-laws that allowed for the ticketing in the first place, see: http://www.oshawa.ca/documents/GENERAL.pdf
    See Schedule 11, No Parking on the streets of Oshawa, see: http://www.oshawa.ca/documents/Schedule02NoParking.pdf
    See: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-949/latest/rro-1990-reg-949.html (Provincial Offences Act Loi sur les infractions provinciales R.R.O. 1990, REGULATION 949 PARKING INFRACTIONS) see the TABLE under Schedule 13(2) – which lists Oshawa) Regulation 949 (Provincial Offences Act), Parking Infractions (s.16)
    For Traffic Tickets (as opposed to parking tickets):
    See: http://www.canlii.org/en/on/laws/regu/rro-1990-reg-950/82792/rro-1990-reg-950.html#history (Proceedings Commenced by Certificate of Offence, R.R.O. 1990, Reg. 950) Regulation 950 (Provincial Offences Act), Proceedings Commenced by Certificate of Offence (s.4.5)

    Oshawa, like many other cities, make it very easy to pay for your parking ticket fine online (by providing the parking infraction number and your licence plate or vehicle VIN number, along with method of online payment), see: http://www.oshawa.ca/tags.asp , but aren’t as helpful when it comes to providing you with advice as to the best way of challenging your ticket in the courts.

    This is what the City of Oshawa advertises online:

    Parking and Vehicle Enforcement
    Parking Enforcement Officers enforce all parking regulations and can issue parking infraction notices or parking tickets. Failure to obey City by-laws can result in fines and the tagging and/or towing of vehicles. To view the Traffic By-law, visit http://www.oshawa.ca/bylaws.
    Investigations regarding parking and vehicle complaints normally occur on the same business day. Depending upon the circumstances, vehicle tires may be marked for follow-up action or a ticket may be issued immediately.
    Some examples of when parking is prohibited:
     For more than three hours at one time, unless otherwise posted
     On streets between 3 a.m. and 6 a.m. from December 1 to April 1
     Within three metres of a fire hydrant
     Within nine metres of an intersection
     By a commercial or heavy vehicle on any residential street
     If it obstructs traffic in any way
     Facing the wrong direction
     In an accessible parking space without a valid permit
     In a fire route
    Some examples of when stopping is prohibited:
     On or overhanging any sidewalk
     Within a school bus loading zone
     In a school zone
     In an accessible parking space without a valid permit
     When it interferes with snow clearing or traffic
    Vehicle Control Idling By-law
    Help improve air quality and use energy more wisely by turning off your engine when your vehicle is parked. The City’s Vehicle Control Idling By-law prohibits idling for more than three consecutive minutes in a 60-minute period.
    Fines of $150 may be imposed for violations. Several exemptions apply, including: in circumstances where necessary for the vehicles’ maintenance or repair; for all service police, fire, emergency and municipal vehicles; and vehicles that are motionless due to traffic conditions. For a complete list of exemptions and to review the by-law visit http://www.oshawa.ca/bylaws.
    Downtown Parking
    On-street parking in downtown Oshawa is intended for short-term parking and requires a fee from Monday to Friday from 8 a.m. to 6 p.m.
    Short- and longer-term parking is available in municipal lots and parking garages. Tokens can be purchased at a discounted rate and can be used at all parking locations. Credit cards can be used in all Pay & Display machines. Evenings and weekends are free in the downtown at
    all meters and City-owned lots and garages; however, a maximum time limit of three hours applies at meters.
    Parking – Enforcement . . . . . . . . . . . . . . . 905-436-3852
    Speed Limits
    The speed limit in the City of Oshawa is 50 km/h, unless otherwise posted. Adjacent to schools and parks, the speed limit is reduced to 40 km/h. The City of Oshawa sets the speed limit based on the design of the road and/or physical characteristics of the surrounding area.
    Remember to always http://fightyourtickets.ca

  257. Hi Dawn:
    Typically, in Toronto, An Application for a Stay of Proceeding is not accepted by the Courts unless fourteen (14) months have elasped between the date of the charge and the date of the trial. The passage of time that takes place between the date of your speeding ticket and the date of the scheduled trial is only about 11 months (Jan.12 – Dec. 9/10).
    You have taken the first step (by making an application for a trial). The next step you should take is to request disclosure (see: http://fightyourtickets.ca/tickets/disclosure/ ).
    Once you are in receipt of the officer’s notes (which is what you will receive once disclosure has been provided to you) about the alleged infraction, you will be in a much better position to challenge your ticket.
    Remember to always http://fightyourtickets.ca
    I got a speeding ticket in Toronto in January 12, 2010. The Trail is appointed 09 of December i.e. in more than 10 months. Is there any sence to file an Appication for Stay of Proceeding? I’m confused by a so called Askov decision. Thank you!

  258. I got a speeding ticket in Toronto in January 12, 2010. The Trail is appointed 09 of December i.e. in more than 10 months. Is there any sence to file an Appication for Stay of Proceeding? I’m confused by a so called Askov decision. Thank you!

  259. Hi Admin,

    Thanks for your prompt response, I just faxed in the Disclosure request and we did request for a translator. I guess we’ll just wait for the disclosure to come in the mail and go from there.

    Have you ever dealt with the Niagara Region POA? Every time I call to ask questions, I am pleasently surprised at how nice and helpful they are over the phone. I can’t say the same for the City of Toronto.

    Thanks again and I’m sure I’ll have other questions for you closer to the trial date.

    And I will definetly remember to always http:fightyourtickets.ca

  260. Hi Tsa: I think you’re being a good son for wanting to help your Dad. Now that your Dad has received a Notice of Trial, indicating the date of the upcoming trial, he must next request and receive full disclosure from the Officer, outlining the Officer’s version of events leading up to the charge – see http://fightyourtickets.ca/tickets/disclosure/.
    I hope that he has requested an interpreter for his trial (given that it is his right pursuant to section 14 of the Charter, given the seriousness of the charge (speeding in/around a construction zone). He is entitled to an interpreter and the the trial cannot proceed unless the Court has ensured that one is present for your Dad (see http://fightyourtickets.ca/law/court-appointed-interpreters/ ). The Courts treat construction zones and safety zones very seriously and this is the reason why the related fines are doubled in these areas.
    You may not be able to file an Application for Stay of Proceeding now, but if an interpreter is not provided and a subsequent trial date is scheduled months after the first one was suppose to proceed, you should most certainly file an Application for Stay of Proceeding.
    I wouldn’t bother with the settlement offer, given that your Dad’s prospects will improve on the actual trial date (as they do for anyone that may potentially take the time of the court and force a trial; which eats into the limited time of the court) and the Prosecutor will offer much more at that time, than during an earlier encounter. The Officer may not show up, the Justice of the Peace may not show up; disclosure may not have been provided by this date (meaning that the trial will have to be put over or adjourned to a later date).
    With respect to the question of whether or not an Officer is required to show the motorist being charged with speeding, a copy of the readout or the speed reflected on the speed measuring device – the Courts have ruled there is no such obligation. I would ask, but it doesn’t sound like your Dad even made enquiries with regard to this subject matter, when he was pulled over.
    I hope that this helps. Remember to always http:fightyourtickets.ca

  261. Hi Admin,

    Great site and thanks for all the helpful information! I’m asking these questions on behalf of my dad who doesn’t speak English well. He recieved a speeding ticket in St. Catherines on May 15, 2010 and just received his notice of trail for a trial date of March 21, 2011. This makes it 10 months plus 4 days since the day he got his ticket, I’m going to assume that he shouldn’t file an Application to Stay correct? With the Notice of Trial there was a Resolution Request, should we complete it or just wait to go to trail?

    Here’s the detail of the speeding ticket:
    117KMH in 80KMH zone – construction zone

    My dad said it was impossible for him to be speeding when all other cars were slowing down due to construction and driving with the traffic speed, he also said that the Police Officer did not show him the meter reading. Is it true that the Officers are require to show you the speed meter reading?

    Thanks for your help!

  262. Hi lightspeed 7: It’s good to hear from you again. In relation to your question, the answer is “Yes”, as you put it “side radar” is possible. More often than not however, motorists are caught on lidar, long before they see the vehicle or the officer who is operating the lidar unit. The other scenerio that is very possible is that this officer who issued you the ticket, was working with another officer further down the road on radar watch. Often an experienced radar technician who actually records the speed of vehicles, will radio another officer ahead and inform the officer who pulls you over, that you were speeding and at what speed you were allegedly travelling at.
    In this instance, where there are at least two participants involved in the radar operation, both must appear at court to provide evidence (the actual officer who recorded your vehicle at speeds in excess of the posted speed limit and the officer who wrote the speeding citation, based entirely on the word of the other officer).
    These kind of cases can be a nightmare for the prosecutor because both officers (who may or may not have the same working hours, holidays, etc., etc) must show up and both provide evidence with respect to the speeding ticket issued. If the one that wrote the ticket is not joined by the one who claims to have caught your vehicle speeding by using some speed measuring device; then the evidence provided by the one who issued the ticket would be considered heresay and would be thrown out.
    Remember to always http://fightyourtickets.ca

  263. Hello again admin,
    Lightspeed7 here again.

    still planning on buying the book and can finally spare some cash, as I understand it is ~40$ direct, or~20$ through third party , or ~$25 paperback? I do not want to go to trialpay.

    Now a question of SPEEDING :( ….is side radar possible (vehicle was a new Dodge charger), or would this have been a handheld gun?

    Scenario:

    Driving down a road in a 50km/h zone, cruiser stopped at stop sign to the right. Note that the intersections do not cross at 90 degrees, but there is about a 10-15 degree bias of the intersecting road “with” my direction of travel.

    before crossing the cruiser’s path I braked and made sure I was travelling at a proper speed. The officer pointed then lights, I did not see a radar gun. I did not ask to see the radar for fear it would only make him check his notes twice.

    I was told I was doing 82lm/h in a 50, which was written in as 70, with no code in the box. Also, because it is not my vehicle i didn’t have the current insurance (though I know the policy is good) which he did not write me up for.

  264. Hi ML:
    If you are a day or two over, normally the court services office will allow you to file a Notice of Intention to Appear – even though your over the 15 days.
    If the officer was mistaken about the posted speed limit on the stretch of road you were travelling and indeed it is 80 km/h, as opposed to 60 km/h, then if you were travelling at 96 km/h in an 80 km/h – in fact, you were only speeding 16 kilometres over the posted speed limit.
    If you can establish that with the prosecutor prior to the trial, the prosecutor would, no doubt, offer to reduce the speeding ticket to 15 km/h over the posted limit (ie-95 km/h in an 80 km/h posted speed limit) in a plea bargain agreement.
    Remember to always http://fightyourtickets.ca

  265. what if I’m pass the 15 days (about 1-2 days over). I’m planning to go too court. It ends up the road I was travelling was not a 60 km zone as the officer had said. After I received the ticket, I went back and noticed it was a 80 km road. I was going 96 km. I want to plead my case in court by recording the road I was stopped at including the speed limit. Hopefully that will help. Any thoughts?

  266. Hi YJ: From the date of the ticket being issued to the scheduled date of the trial, it is over 14 months. You should certainly submit an Application for Stay of Proceeding in this case and submit it quickly. This is a very serious charge and could have a devastating effect on your insurance payments, which may increase so much that you will no longer be able to drive.
    Remember to always http://fightyourtickets.ca.

  267. Hello Admin, and thanks for a great site!
    I have a question about the right to a speedy trial and and Application to Stay, as my case seems to be borderline:
    – Careless Driving ticket issued in Toronto Aug 24/09 (for a rear-end accident)
    – Filed Notice of Intention to Appear on approximately Sep 8 or 10/09
    – Trial Scheduled for Oct 27/10; the Notice of Trial is dated Jan 19/10
    – Mailed request for disclosure on Jun 16/10
    – Received disclosure early in mid-July 2010

    So, the trial date is 14 months + 3 days after the ticket date, and 9 months + 8 days from the date when they issued the Notice of Trial, but less than 14 months from the date when I filed the Notice of Intention to Appear. Is it worth filing an Application to Stay in these circumstances? What are my chances of success?

    Thanks in advance,

    YJ

  268. Hi Guys: I want to thank you for all of your advice and assistance. My boyfriend asked you for advice and you helped him tremendously. I bought your book and gave it to him as a birthday gift. After his trial he told me that he could not have won his tickets, without your book and that it was the most thoughtful gift anyone had ever given to him. I wish the best of luck to you guys. There is no other website that even resembles yours and it is almost like a free public service website. The book that I bought is the only one like it in Canada. Please keep up the good work and I hope you guys make a million dollars in the process, because I honestly feel that you both deserve it. Way to go.

  269. Hi AJ: Half the battle is being prepared and feeling a certain comfort level in the courts and you managed both. You did what you felt comfortable doing and you should be proud of yourself. You can walk away from this experience feeling satisfied with your knowledge and the courage you found to embark upon this journey; which may prove to be a dress rehearsal for a future event.

    Remember to always http://fightyourtickets.ca

  270. Hi Admin,
    It’s AJ, just came back from the court (07/23/2009 offence date and 07/29/2010 court date). I plead guilty for 75 over 60 as per plea bargaining proposed by the prosecutor. Here was what happened in the court room, I want to share this experience with you and other readers of yours:
    1. I arrived the court around 1PM, and saw my name listed in the docket bullet. There are about total 20 cases, I noticed that the officer who issued my ticket has at least 8~10 associated to him, so my gut feeling told me the officer must be present. I also noticed that all the cases have offense dates around July 2009, some of them even earlier, so my confidence level to win my motion of stay lowered quite a bit, and I told myself I would take the bargain if prosecutor offers me one;
    2. At 1:30, all defendants were asked to enter the court room;
    2. All defendants approached the prosecutor one by one; I saw the police officer who issued me ticket standing beside the prosecutor and taking notes;
    3. At my turn, I saw the prosecutor had a copy of my Application for Stay of Proceedings on her desk. She asked me whether it was prepared by me and whether it was the first time. I said yes to both questions. (I guess she was quite amazed by the quality of my paper work as I followed your instructions :-)) Then The prosecutor asked me how I wanted to proceed with my motion for stay. I said I wanted to hear how she will offer me the plea bargain. The prosecutor said my offense would be reduced from 86 over 60 to 75 over 60 and lesser fine accordingly. I said ok. Then she made some notes on her file and asked me to return to my seat.
    4. Then after the prosecutor interviewed all the defendants, JP arrived;
    5. The prosecutor started to call us one by one. Basically all of us accepted the plea bargain with a few exceptions;
    6. At my turn, I announced my name, and plead guilty on 75/60 offense. JP announced the fine will be $45 and asked me when I would like to pay the fine. I requested for 30 days and my request was granted. Then, JP asked me how I wanted to proceed with my motion for stay (without me to reminder her), I said to abandon. JP accepted and gave me permission to leave.

    It was totally new experience to me, and I want to thank you very much for putting so much detailed information on your website, actually I was not that nervous at all as I understood the procedure by learning from your website. I hope I made right judgment call :-)

    Thanks again!

    Yours sincerely,
    AJ

  271. Hi Fred: In order to put your matter (your trial to contest your ticket) over and request an adjournment, either yourself or an agent (friend/relative/co-worker, etc.) will have to go to the court office at which you initially filed your Notice of Intention to Appear (your request for trial). Bring your Notice of Trial with you and ask a clerk present to provide you with the paperwork that you will need to fill out to request a subsequent trial date. You will need to prepare and file a motion requesting a new subsequent trial date. This motion will be presented to a Justice of the Peace, who upon reviewing the motion, will determine whether or not a future trial date will be granted. This must be done at least ten (10) days in advance of your scheduled trial date.

    The hardcopy version of my book can be purchased at the following locations federal publications: http://www.fedpubs.com/subject/personal/fight_tickets.htm or from the World’s Biggest Bookstore or the Chapters across from Sherway Gardens.

    Remember to always http://fightyourtickets.ca

  272. Hello Admin,

    Sorry for the lengthly delay in getting back to you, was away up north for a little while (mining business and shaninigans).

    I’ve already filed for disclosure yesterday and am starting to look into proceeding with this Application for Stay of Proceedings. However, I have an issue that has just arisen. Apparently, I will be required to head to Asia in September for a few months due to a family circumstance and am unsure exactly when I will return. My case is scheduled to be heard on October 13th, 2010. What would I do in this situation?! Would my absence jeopardize my application for stay of proceedings? Couldn’t find anything pertaining to it on this website.

    ps I’m not a fan of ebooks but am keen on purchasing a published version of your book. does the world’s biggest bookstore still have copies?!

    thanks in advanced

  273. Hi AJ: This means that all of the preliminary technical objections are swept to the side and the case will proceed (all the circumstances surrounding the charge and leading up to the ticket) and only deal with the charge that was laid and all of the allegations and facts that flow from that. The State will present its evidence (by the Prosecutor through the officer’s allegations and evidence) and you will be given your opportunity to present your defence to the charge in question. Enough said.

  274. It’s AJ. Thanks very much for your quick response and your great patience with me. I hope I am not getting you too annoyed by asking you too many questions.

    Considering myself as a lay person, would you please elaborate on “If you are unsuccessful with your Charter challenge, then the case will proceed on the merits.”? I asked 2 of my friends about the meaning of “the case will proceed on the merits.”, they gave me very different interpretations. It will be great if you can explain to me step-by-step :-)

    Thanks very much!

  275. Hi Admin,
    It’s AJ. Thanks very much for your prompt response.
    So before I plead to my case, I will say “before I enter a plea your worship, I am asking that this court deal with my Application for Stay of Proceeding first.” It will be ideal if Justice of Peace provides a “Stay” of Proceedings, I guess my case will be dismissed. But what if the Justice of Peace doesn’t provide a “Stay” of proceedings? What will happen then and how shall I react?
    Thanks very much!!!

    Yours sincerely,
    AJ

  276. Hi AJ: When you get to your trial, you’ll find that the Justice of the Peace is the only one that has the authority to deal with your application of Stay of Proceeding.

    Make sure that you have the court (meaning the Justice of the Peace) hear your Constitutional Motion (or Application of Stay of Proceeding) before you plead to your case. This is a pre-plea motion, but you must stand up when the court clerk asks you what your plea to the charge is and say “before I enter a plea your worship, I am asking that this court deal with my Application for Stay of Proceeding first.

    The Court must deal with your Motion or Application for Stay of Proceeding, before you make your plead (“guilty” or “not guilty”). Procedurally, this makes perfect sense, given that if the Justice of the Peace agrees that your rights under section 11(b) of the Charter have been breached, then he/she will provide a “Stay” of Proceedings as a remedy under section 24 of the Charter.

  277. Hi Admin,
    It’s AJ. Thanks very much for your detailed interpretation of police notes.
    Now, I think it’s time to get my mind ready for the court date (07/29/2010). Have some questions for you:
    1. Regarding my Application for Stay of Proceedings, which level of the jurisdictions has the authority to approve or reject my request?
    – Attorney General of Canada
    – Attorney General of Ontario
    – Ontario Court of Justice office (Justice of Peace)
    – Prosecutor

    2. Can I find out the status of my Application for Stay of Proceedings before the court date (07/29/2010). as I may better to prepare for plea bargaining if my application gets rejected. For example, can I check with the office of Attorney General of Canada? Assuming it’s the Attorney General of Canada who has the authority to approve or reject my request.

    3. If the only time when I can find out the status of my Application for Stay of Proceedings is at the court, and if the Justice of Peace tells me my application has been rejected, before I plead guilty or not guilty, will there be a window for plea bargaining?

    Thanks very much!!!

    Yours truly,
    AJ

  278. Hi AJ:

    – STND FINCH/LISZT Gt means Finch Ave E & Liszt Gate – which can be found at Google Maps (street view)
    – ENF
    – 2020 ULTRA#9124 this is the lidar(radar) unit that he is using
    – TEST 1702@40m = tested the unit at 3:02 pm at 40 metres
    – AIO=unit was successfully tested (a ok!)
    – SAW GRN TOYT M/V W/B P/L(2) APP SPEED AS PULL AWAY PACK
    =this suggests that a green toyota sped up and pulled away from a group of other motor vehicles. The officer will suggest that it was car that pulled away (yours) that his lidar (radar) unit measured the speed of, given that you car was in front of all of the others.
    – Set (* or might be Act) LSR = the lidar (radar) measuring unit was set.
    – 86/60/247= represents the speed 24 hours a day, 7 days a week
    – STOP M/V=your motor vehicle was stopped
    – DIDONT D/L (* or might be D/C) AS – you presented your Ontario Driver’s Licence
    “ARE YOU GOING TO GIVE ME MAXIMUM POINTS?” (* Also I don’t recall this is what I said, I recall what I said is “Am I going to get any points?”)= this is the officer’s version of the conversation he had with you (and what you allegedly said) after you were pulled over for speeding – notice that this is all that is written down – and it is detrimental to you – what the officer won’t be able to do credibly is expand upon this conversation – given that is is not written down.
    * TEST LSR @ 2241=the lidar(radar) unit was tested at 10:41 pm, most likely at the end of the officer’s shift (especially if he commenced his shift at approximately 3:02 p.m.)
    – AIO = the lidar (radar) speed measuring unit was successfully tested (A OK)

  279. Hi Admin,
    It’s AJ again. (My speeding ticket date was 07/23/2009, and my court date is 07/29/2010).
    I just picked up the package from Prosecutor’s office as per my Disclosure request, but the content was not as detailed as I would have expected. The package contains on copy of the ticket, one copy of the police notes and one copy of the laser gun manual.
    The police notes is very short and full of acronyms. hand-written by the cop who issued the ticket. The following is what I managed to interpret from the notes, please advise whether there is anything that I should read into. Thanks very much!

    – STND FINCH/LISZT Gt
    – ENF
    – 2020 ULTRA#9124
    – TEST 1702@40m
    – AIO
    – SAW GRN TOYT M/V W/B P/L(2) APP SPEED AS PULL AWAY PACK
    – Set (* or might be Act) LSR
    – 86/60/247
    – STOP M/V
    – DIDONT D/L (* or might be D/C) AS —
    “ARE YOU GOING TO GIVE ME MAXIMUM POINTS?” (* Also I don’t recall this is what I said, I recall what I said is “Am I going to get any points?”)
    * TEST LSR @ 2241
    – AIO

  280. Hi Mike: If you received the Notice of Motion on June 23, 2010 and your trial is in August, then submit your request for disclosure now. If the Prosecutor cannot provide you with the disclosure before the trial date, then you can request that the matter be put over (adjourned) until you have had an adequate and sufficient amount of time to review the disclosure before the matter is heard in the future. If the Court has not provided itself enough time between the Notice of Trial and the Trial itself, then that mismanagement falls squarely on the shoulders of the Prosecutor and cannot be attributed to yourself, given that this is beyond your control. If you explain that you just received the Notice of Trial and then submitted the Request for Disclosure, this will not be held against you. This is your right pursuant to section 7 of the Charter. See the Page on disclosure (see:http://fightyourtickets.ca/tickets/disclosure/ )

    Remember to http://fightyourtickets.ca

  281. Hi Admin,

    Thanks a lot of this informative and helpful website. I have a question in regards to the Disclosure request: The Toronto’s court mailed a trial date to me on June 23th (based on Canada Post’s stamp on the envelop, and it came to my mail box several days after that date) though in the letter’s it is indicated that it had been issued on June 15th. My trial is on August 25th. As there is a maximum wait for 9 weeks for Disclosure request, how would I submit a request if not enough time is provided from the letter of trial’s date to the actual trial?

    Thanks for your help!
    Mike

  282. Hi DT:
    You have to look to the Charter, specifically Section 11. Any person charged with an offence has the right (b) to be tried within a reasonable time (see: http://www.canlii.org/en/ca/charter_digest/s-11-b.html )The Supreme Court has ruled that the guideline for a trial “within a reasonable time” means 8-10 months.

    The time limits under the Charter is triggered and begins when you receive your ticket. Some prosecutors have been successful in arguing that it isn’t the time that you receive the ticket when the clock begins ticking, but when you approach the Court and fill out a Notice of Intention to Appear (within 15 days of having received the ticket). I would argue that the clock started ticking on May 8, 2009.

    If your trial is scheduled for August 17, 2010 then the amount of time that has transpired between the date that you received your certificate of offence and the trial date is 15 months and a one week. In addition to constructing an Application for Stay of Proceeding (see:http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ ) you should be requesting disclosure (see: http://fightyourtickets.ca/tickets/disclosure/ ).

    But all of this will involve travel and resources and given that both your spouse and yourself are unemployed, it probably isn’t the most practical course of action.

    Under the circumstances that you’re facing, it would probably make the most sense to send a friend, family member or co-worker to represent you. The prosecutor will no doubt offer to lower the fine down to $5. Given that there are no points or ramifications to your insurance premiums this is a safe option to exercise.

    I hope that things improve for both your spouse and yourself. Remember to always http://fightyourtickets.ca

  283. Dear Admin,

    Thanks for your informative and welcoming site. You provide absolutely priceless information!

    I have 2 qustions to you. My firsdt question is about timing from offence to trial. Does it counts from offence to notice of trial or to actual trial date? In my case parking ticket was received on 8 May 2009, notice of trial was issued on 14 June 2010 (13-th month) and trial date is booked on 17 August 2010 (16-th month).
    What should I consider filing my case?

    This is parking ticket in Toronto, 241 Richmoind St W, infront of CTV. It states: “fail to deposit fee in machine…” and it is $30.00 fine.

    I have requested trial in hope it won’t arrive, but it did make it surprisely. I realize that the cost to build the case is way higher than my fine (considering that I live in Barrie, plus parking permits in downtown are expensive), but honestly I will pay 30 bucks as any other donation towards city of Toronto but hey it shouldn’t be the ticket way. I was late 7 min to renew my permit and I did renew permit (25 cents) just to justify my further actions…

    One year passed since. I am unemployed, my wife is unemployed, my car is out of insurace to save a buck and I still need to go to court at 1530 Markham Rd. Is there any cheaper way to stop that considering that there is ticket cancellation issue appear in June – this is my second question.

    Thank you for your attention,

    DT

  284. Hi Admin,

    There are numerous references regarding court costs payable upon conviction in court for disputing a parking ticket. However, there is no information on specific costs or ranges. There is only information on victim fine surcharges. Could you provide court cost information?

    Thanks.

  285. Hi Fred: First I would be submitting a “disclosure request” at http://fightyourtickets.ca/tickets/disclosure/ . After I submitted this request, I would prepare an Application for Stay of Proceedings. If by the time of your trial date you have not received full disclosure from the Prosecutor, you would have to have the matter adjourned again, because you would be deprived of the opportunity to have full answer and defence to your charges (your right under section 7 of the Charter see: http://fightyourtickets.ca/tickets/disclosure/. Remember to always http://fightyourtickets.ca

  286. Hello Admin,

    Thanks for the thorough and prompt reply, very informative! My apologies for not including the particulars earlier. The offence (disobey stop sign & failure to surrender license) date was 09/08/09. the notice of trial was issued at Scarborough (Toronto East) on 4/6/10. The trial date is on 10/13/10. This took place in the city of Toronto. Judging by this information, hypothetically speaking, would you suggest submitting an application for stay of proceedings or would it be more wise if my efforts were directed at preparing a defence of my case.

    Thanks in advanced!

  287. Hi AJ: If you serve your Application for Stay of Proceeding motion and by the time of your trial you have not received disclosure then you can request an adjournment in an effort to receive your disclosure, which is your right pursuant to section 7 of the Charter.

    At this point you would have already submitted your Application for Stay of Proceeding and any additional time it takes for the Prosecutor to provide you with disclosure and a trial date, will be automatically added onto the delay time set out in your Application for Stay of Proceeding motion – although you would have to ensure that it is acknowledged in the courts. You could simply say “Your worship, when I originally filed this Application for Stay of Proceeding the delay was a year and a week – now due to actions of the Prosecutor and the lack of disclosure in this matter – the delay has grown to fourteen (14) months – through no fault of my own”.

  288. Hi Fred:
    I’m glad that the site is of assistance. The reason that the guideline states 11-14 months is due to the fact that depending on what jurisdiction you receive your ticket(s) in Canada, the courts will apply a different standard depending on the number of tickets processed within that specific jurisdiction. If you receive your ticket in Toronto (which has a huge caseload to administer) then the lead time or the administrative time to process tickets is a couple of months and suddenly anything 14 months or over is unacceptable. Remember the Prosecutor has the ability to argue that due to the special conditions and problems of different regions in the province, that different intake times should apply to that specific area and the court may buy that argument and provide more time, then the guideline of 8-10 months. The “guideline” of 8-10 months will not be administered mechanically – each case and region is different and will be accessed accordingly. In an area that receives a very little number of traffic tickets, the time that it is challenged and then receives a court date should be a significantly shorter period (ie-11 months) then a larger urban centre dealing with millions of tickets every year. The time between the date that you file your ticket with an Intention to Appear form and the date that your request is processed is generally referred to as the “intake period” and is considered time neutral (and the courts will not include it in the calculation of time with regard to an Application for Stay of Proceeding. Delays attributed to the Prosecutor or Crown, always weigh in favour of the accused. It is always the job of the accused to persuade the court that the delay prejudices the ability of the accused to make full answer and defence to the charge and that there chances of a fair trial has been impaired. If you have to wait a year for a trial for a simple speeding ticket, it is possible that you can’t remember what transpired or that a witness that was travelling with you is no longer available to testify on your behalf and in your defence. Remember to always http://fightyourtickets.ca

  289. hello admin,

    thank you so much for all your work on your website, i’ve learned so much and it has greatly assisted me when i was confused after receiving my first ticket. i’ve followed the instructions for requesting a trial and am in the process of requesting disclosure. on September 8th, 2009, i was issued a ticket and after a few months i finally received the notice of trial which states that the trial will take place on October 13th, 2010. alas, this means the trial is taking place 13 months after i received the ticket. on your site, it states that “If your trial is scheduled 11 to 14 months, after you received your ticket, your charges should be stayed, meaning that the matter goes away, along with your ticket (s).”

    however, i’ve also read somewhere on the PDF file on the app. for stay on proceedings, regarding how only trials set 14 months after the ticket issue date are qualified. thus, i’m wondering if i’m truly eligible or not. any clarification would be greatly appreciated!

    thanks in advanced,

    Fred Thompson

  290. Hi there!
    It’s AJ again. I have some follow up questions:
    1) Regarding the Application for Stay of Proceeding, what’s the chance for a 12 months delay to get approved (in Scarborough) My offence was July 23, 2009 and my trial date is July 29, 2010.

    2) I’ve submitted my disclosure request, in the event that I don’t receive the disclosure by the trial date, I will request an adjournment as per your instruction. Let’s say I do receive an adjournment for September 29, 2010, that means it would be 14 months since the date of my offence and the date of the trial ( after adjournment). If my first submittion of Application for Stay of Proceeding doesn’t get approved (as described in question #1), can I submit again for a better chance to win the approval because the delay is 14 months?

    Thanks very much!

    One of your many really really appreciated readers
    AJ

  291. Hi,

    I got a fine ticket of $110 for using of blus plate cover, what should I do?

    Thanks,

    JL

  292. Hi Aron:
    I think you play it “smart” and prepare and submit your Application for Stay of Proceeding – in your particular case, it has taken the Prosecutor over 15 months to bring your matter forward. In Toronto, most applications that are made, in which the case has taken 14 months or greater, are successful.

    If you don’t have the energy or confidence to submit the application (which is a lot less expensive than the fine associated with the defence) than you can speak to the Prosecutor before the court proceedings begin and begin to plea bargain.

    The explanation you have provided is pretty compelling and you may be able to garner some sympathy from the Prosecutor or the Justice of the Peace. The reason that you did what you did can be reasonably explained and it surrounds the health and safety of your spouse and your baby.

    The new guidelines which were published on June 8, 2010 by the City of Toronto contain a section related to your predicament. When you were ticketed and went to contest your ticket, the Parking Ticket Cancellation Guide had not been released into the public domain, for public consumption.

    Go to this website address: http://www.toronto.ca/pay-toronto-tickets/pdf/cancellation_guidelines.pdf and look at this section of the Guidelines (on page 13 – Section 6:

    6.0 Extenuating Circumstances
    Parking tickets may be cancelled in extenuating circumstances including:
     Medical emergency (e.g. a situation where a person required immediate hospitalization
    and the vehicle could not be moved to a legal parking area.)
     Vehicle breakdown;
     Other circumstances not identified in these guidelines where parking legally was not
    possible.
    Evidence must be provided to establish that the criteria for cancellation have been met, including:
    1. For medical emergencies, a copy of the hospital report, record of admission, and/or an
    ambulance report.
    2. For vehicle breakdown, a copy of the tow receipt and/or the repair bill(s).
    3. For other circumstances, evidence such as documents, permissions, photos, etc. must be
    provided to support the cancellation.

    If you had known about this section of the Cancellation Guidelines – you may have been able to produce a letter from your spouse’s doctor (with regard her state of health at that time and her state of pregnancy) when you presented your ticket and filled out your notice of intention to appear and the clerk may have exercised his or her discretion and had the ticket forgiven.

    You may still be able to produce a medical certificate from your spouse’s doctor explaining your spouse’s state of health and the fact that she was pregnant and that you took the necessary action for medical reason’s to care for your spouse and child. This may go a long way into convincing the Prosecutor that you should be given a break.

    Remember to always http://fightyourtickets.ca

  293. Hi there! I am most appreciative of the wealth of FREE information contained on this site and would like to first extend my thanks.

    I received a $250 parked in a fire route ticket at a mall on March 17th, 2009. I received the trial notice a month ago set for July 8th 2010. I am aware that an application for a stay of proceedings is in order here, and I have only til next Thursday (June 24th) to file it. But I wonder, will the cost of preparing the documents, paying for parking and losing half a day from work in addition to all the energy put into this process exceed the cost of perhaps changing my plea to guilty w/ an explanation and perhaps concocting a reasonable excuse for having parked in the fire route.

    Which moreover, I was parked out side of a Quiznos and had escorted my 4month pregnant wife to the restroom because she had nausea and stomach pains.

    Perhaps it would take less time, energy and resources to play dumb and change my plea at the stand (after seeing if the officer is present or not) and claim guilty w/ and explanation, in the hopes that I will get a reduced fine?

    What are your thoughts?

  294. Hi AJ:
    It is customary to produce the entire Supreme Courts decision with your Application of Stay of Proceedings.

    If you make your disclosure request and you don’t have it by the trial date, then request an adjournment and you will receive it. The Charter provides you with a right to make full answer and defence to the charge and without disclosure, you are deprived of this opportunity.

    If you want to enter into a plea bargain agreement with the Prosecutor to ensure that you don’t accumulate any demerit points on your driver’s licence record with the Ministry of Transportation and you were allegedly travelling 86 km/h in a 60 km/h – you would have to plea to a speeding charge of travelling 75 km/h in a 60 km/h or 15 kilometres over the posted speed limit.

    Remember to always http://fightyourtickets.ca

  295. Hi, first of all allow me to join many of others to thank you very much for your great website. As a lay person, I’ve learned a lot. You have a very very good heart!

    Questions:
    1) I got a speeding ticket (86 KM over 60 zone) on July 26, 2009, and the court date has been set to 07/29/2010. Since it’s over 12 months, I am preparing the Application for a Stay of Proceedings. According to your instructions, I need to attach the decisions for both Askov and Morin, but these documents are huge (65 pages nd 50 pages). Do I need to attach the entire documents?

    2) I am also planning to submit disclosure request this week by Friday 06/18/2010, which will be less than the recommended minimum 9 weeks as per your instructions. Will that be a problem?

    3) If I have to plea bargain, what speed should I accept so that I don’t get my point deducted?

    Thanks a lot!

    AJ

  296. Hi DW:
    If you go to this site: http://www.icbc.com/driver-licensing/tickets/paying-disputing/disputing-ticket it gives you clear instructions as to how to fight your ticket and the timing (ie-you have 30 days to challenge your ticket by mail). You will know much more upon receiving disclosure from the officer who issued you the ticket and the circumstances under which he/she felt it was necessary to generate a ticket.

    Here is some of the information related to this charge (tacken from the B.C. regulations):

    Glazing and mirrors

    29 The windshield and windows of a vehicle shall comply with the requirements of section 7.05 of the regulations.

    The windshield or windows of a vehicle shall not be cracked, broken, clouded or otherwise damaged or defective so as to impair the vision of the driver.

    Without restricting the generality of the foregoing, the following glass defects shall be considered as causing vision impairment:

    (a) a defect in the area extending from the left side of the driver’s side 500 mm toward the centre and extending over 75 mm down from the top or over 75 mm up from the bottom, excepting small stone injuries of 6 mm or less;

    (b) a crack over 300 mm long in any part;

    (c) more than 2 cracks over 150 mm long in any one piece of glass;

    (d) stone or shot injuries more than 40 mm in diameter;

    (e) two or more stone or shot injuries over 20 mm in diameter in any one piece of glass;

    (f) more than 75 mm clouding around the edge;

    (g) any clouding on the driver’s side;

    (h) broken glass showing sharp edge;

    (i) cracked, broken or clouded forward of a line parallel with the driver’s shoulder;

    (j) broken or clouded to such an extent that the driver is unable to see clearly 60 m to the rear.

    Material which reduces the light transmitted by a window or windshield shall not be placed on a windshield more than 75 mm below the top or on a window other than a side window to the rear of the driver.

    A motor vehicle shall be equipped with mirrors as required by section 7.04 of the regulations.

    A mirror shall be securely mounted and shall not offer unsafe interference with the driver’s vision.

    I have also written a post on this subject matter, see: http://fightyourtickets.ca/tinting-motor-vehicle-windows/

    This charge is not unconstitutional, but it can be successfully challenged in the courts.

    Remember to always http://fightyourtickets.ca

  297. Hi Eddy: The failure to send you the Notice of Trial in the mail to alert you to the date, time and place of your scheduled trial, falls squarely on the shoulders of the Prosecutor and any delay in this matter, will be attributed to the Prosecutor and not yourself as the defendant. This delay (in this case it is now 14 months later), which has deprived both yourself and your memory the right to a trial within a reasonable time, has infringed upon your rights, pursuant to section 11(b) of the Charter.(see: http://laws.justice.gc.ca/eng/charter/1.html#codese:11).
    The Prosecutor tried to dissuade you from putting forward a motion under the Charter, because it is easier to convict a defendant who is ignorant of their rights under the Charter. Yes indeed you have a motion under the Charter and should quickly submit an Application for Stay pursuant to sections 11 and 24 of the Charter – see: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ . In addition to preparing this application, you should request disclosure; another right granted to you under the Charter (see section 7: http://laws.justice.gc.ca/en/charter/1.html#anchorbo-ga:l_I-gb:s_7 ) and the page on the site dealing with the subject of disclosure: http://fightyourtickets.ca/tickets/disclosure/.

    It is important that you request full disclosure, to know what the case is against you, prior to the next scheduled trial.

    Remember to http://fightyourtickets.ca

  298. I got a speeding ticket last year in April for driving 61kmph in a 40 zone in Toronto. The fine was $78. I followed the instruction requested a trial. I didn’t get a trial date when I requested and then I hadn’t heard anything for over a year. During the time, I moved and changed the address timely. I also saw it in the newspaper saying that a lot of parking tickets with small fine amounts ‘vanished’ because the court was too busy for small tickets. I thought I was lucky my ticket was forgotten.

    About a week ago, I received a suspension letter saying that my driver’s license had been suspended because I didn’t pay the fine. I was so surprised because I’d never received a court notice for the trial! I checked on Friday and was told that my trial was held in last month and the notice of trial was sent to my previous address.

    Today I succeeded in requesting a reopening of my case. Since my ticket was issues on April 10 of 2009 and hadn’t been given a court trial until April 8th of 2010 (the one missed, almost 12 months). It’s clearly over the 8-10 months reasonable time limit set in the Morin case. I am thinking to file an Application for Stay of Proceeding. However, when I discussed with the prosecutor trying to convince her to drop the charge, she said because I requested to reopen the case, the 8-10 month reasonable time limit would not apply anymore. Is what she said true? And here is my question: Can I still file an Application for Stay of Proceeding to win the case when I request the reopening?

  299. Hi Lisa: Any plea bargain offers are considered off the record and will not prejudice your case. The Prosecutor generally makes these offers to ensure that the court runs smoothly and is not backlogged with trials. If you agree to a plea bargain, you are saving the court time. If the number of kilometres per hour is dropped, it makes sense that the fine decreases as well. You’re doing a great job. Remember to always http://fightyourtickets.ca

  300. Hi Lisa: To establish the City limits, it is best to contact the City and ask them where the City limits start and end. This may or may not be important, given the fact that the police officer may claim he saw you .3 km when he observed you breaching the Highway Traffic Act.

  301. One other question, is it going to look unfavorably upon me that the prosecutor noted that I refused their offer of 70km in a 50 zone. (I don’t want to appear to be wasting the courts time). Also the prosecutor told me the fine would be $115 which is less than $7/km. Does this make sense?

  302. “You should try your best to establish where you were located when you were observed speeding, as it may be on the side of the City Limits which has a higher posted speed than 50 km/h.”

    Thank you for your information, you brought up a point which I was wondering about but don’t know how to find out. I was about .1 to .2 km from the sign when he said he saw me. They just built a new shoppers drug mart in a field going out of town and I thought perhaps because of the entrance to this plaza they moved the 50km/h sign further out of town just past the entrance, but I don’t know how to find this out.

  303. Hi Saba: Unfortunately,this issue was decided about 14 years ago by the Courts and it won’t assist you (wrong description of the vehicle you were operating). The Courts found that as long as the ticket included the licence plate number and the date of the expiry (on the plate sticker), that the information on the parking tag was regular and complete on its face. Don’t walk into this with a fabricated story – be up front and argue it with integrity.

    Remember always http://fightyourtickets.ca

  304. Hi!
    I have received a parking ticket but it has the wrong make listen on the ticket, they got the license plate right (my idea is to wait to receive a letter in the mail, then tell them I never got a ticket on my car, making it seem as if they made a mistake on the license!) What can I do here?

  305. Hi Lisa: It sounds like you have followed all the right steps up to now. In the disclosure the officer only recorded the bare essentials, but they are recorded.
    He must check the lidar before and after it has been used to clock a vehicle, especially if a ticket was generated as a result. He also commented that he “visually” saw you speeding and believe it or not, the courts accept this testimony. In your case however, it is just a visual observation recorded to support the speeding ticket later given to you. As far as the date is concerned – it would have been placed at the top of the page (since these note books always record events in a chronological order). If he wrote in “Speeding 80 kms’s per hour in a 50 km posted zone” or something to that effect, the fact that he didn’t record the actual part of the Act won’t persuade a Justice of the Peace to throw it out – the main question that must be asked and answered is ‘was the defendant misled about the charge – so that he/she may be prejudiced by not knowing and not having the ability to provide an adequate defence to the charge.

    Justices of the Peace have broad curative powers in sections 33, 34, 35, 36 & 90 (2) of the Highway Traffic Act to amend the information on the ticket or to simply adjourn the matter to a later date. The certificate of offence (the ticket) cannot, based on any irregularity, defect or variance, that could mislead a defendant. See: http://fightyourtickets.ca/tickets/reasons-for-dismissal/

    You should try yourbest to establish where you were located when you were observed speeding, as it may be on the side of the City Limits which has a higher posted speed than 50 km/h.

    I don’t think you made a mistake of pulling over, as this is the law when emergency vehicles have their lights flashing or sirens on or in your case, when they are quickly approaching you from behind.

    The conviction of this offence would result in the accumulation of four (4) demerit points and normally would mean $7 a kilometre over the limit (in this case 30) unless it was in safety zone (which doubles $7 to $14 a kilometre), which doesn’t include the $50 victim fine surcharge and the $5 court fee (see: http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/ )

    Appear at the trial and see what your options are. If you did nothing you would be convicted in absentia and would accumulate 4 points and would be fined.

    There are many possibilities that may unfold when you present yourself to the court. If the officer does not show, then the matter should be dropped by the Prosecutor. If the worst case scenerio presents itself, then try to have your charged reduced to travelling 65 km/h in a 50 km/h zone.

    Remember to always http://fightyourtickets.ca

  306. I received a speeding ticket in my town for going 80 in a 50. The police disclosure states it was at city limits and after visually noticing the speeding he clocked at 76,78,80. I saw him do a u turn in my rear view mirror and was approaching a large curve so I pulled over not knowing whether he was speeding out to the highway or going to pull someone over. He pulled in behind me. Couple of things. 1st on examining ticket I noticed he did not put the section on (128). This was added after in the disclosure. Also I wanted to dispute the radar gun and noticed on the back of the ticket (disclosure) he put moving radar Genesis# ser # but no numbers. Also test times 06:26,08:24 hrs but no dates and note “All tests passed”
    I called prosecutors office and all they were willing to do was drop to 70 in a 50 and 3 points and I hesitated so she said she was writing declined and if I wanted to reconsider to call back before trial date.
    I am not sure whether I can do better at trial or should accept their offer. I think I made the mistake of pulling over and the police decided I was a sure guilty verdict.

  307. Hi Raj:
    Go to the following page: http://fightyourtickets.ca/tickets/appealing-a-conviction-or-sentence/

    What is an Appeal?

    Appeals are a “review” of your trial. As a result, you may have to purchase a transcript of your trial (you will be required to order three (3) copies – One for the Provincial Judge who will hear your appeal, one for the Prosecutor who will resist your appeal and one for yourself). The Appeal Judge will review the evidence submitted at your trial and the decision of the Justice of the Peace who presided over your trial.

    What are the “grounds” for an Appeal?

    * you are found “guilty”, but the Justice of the Peace provided an insufficient rationale (he/she didn’t bother to connect all the dots or the evidence with the law) for your conviction.
    * The Justice of the Peace dismissed a proper defence that was raised by yourself or your counsel (your lawyer or your paralegal).
    * Your lawyer or paralegal screwed up and neglected to provide adequate or sufficient representation in the matter.

    Section 135 (2) – Application for Appeal – A notice of appeal shall be in the prescribed form and shall state the reasons why the appeal is taken and shall be filed with the clerk of the court within fifteen (15) days after the making of the decision appealed from, in accordance with the rules of court.

    You have waited too long, if it is now your intention to appeal the December 2009 decision. You only had 15 days to file the appeal and now it is 5 months later.

    You did try to fight it, which you should be congratulated on.

    Remember to always http://fightyourtickets.ca

  308. hi

    i got a red light tkt at credit valley & erin mills rd and got a trial in dec 09. i was the only case that day that requested a trial. so the prosecutor scheduled me last and after everyone had gone at the very end at 4.45 called me to the stand and the JP wanted to wrap it up quickly & go.

    i presented a defence of Necessity argument as a tanker truck behind me had stopped where my car would have been had i stopped at the intersection. But the JP just brushed it aside and didnt buy it and set the fine at full amt of $180. i have till this mth end to pay it.

    my question is can I file an appeal for the conviction & fine?

    thanks.

  309. Hi James: thank you for you kind comments. We spend alot of time, energy and resources on the website to ensure that it is relevant, current and up to date. Anyone can represent themselves, often all they need are the knowledge and the tools. Yes the book is available in the iPad (Apple) Apps. store. Remember to always http://fightyourtickets.ca

  310. To Erick and Max: Your site is the very best on the internet. It is the only not-for-profit and we will help you (even by giving advice (I know it’s not legal) to tricky questions) for free website in Canada. Every other site provides dribs and drabs of information and to go beyond that, you have to hire someone and spends tons of money – I know, I have been sucked in once already and I will never trust those other sites again. I trust your site, as you have provided more than enough ammo to walk into the court and challenge traffic tickets and win or negotiate a much lesser penalty and fine. I could not have done it without your guys. I bought your book and refer to it on a weekly basis. I need to know if I will be able to load it on my iPad when I get one? It is a great read, but I would like to tell my friends (who are going with me to buy thier own iPads) that your book can be bought from Apple and downloaded onto our iPads? Please let me know.

  311. Hi Dave:
    If you can build-up enough discrepancies, this can lead to reasonable doubt by the Justice of the Peace and the charge may be dismissed. You will be in a much better position to assess the strengths and weaknesses of your defence to the charge. The ticket cannot and will not be cancelled because the gender was incorrecty written on the ticket. Writing in the incorrect gender is not considered a “fatal flaw”. If it was considered a fatal
    flaw, you would have to make a pre-plea motion to quash the ticket (before you stand and say “guilty” or “not guilty”, once the charge(s) are read out during the arraignment).

    Remember to always http://fightyourtickets.ca

  312. I have a ticket for speeding, and have requested the disclosure,
    details , the location of the officer / offense took place is incorrect/does not match to the ticket,

    and on the ticket, gender is written wrong, would this ticket be cancelled?

  313. Hi Yen:
    It sounds as though you have been following all of the right steps to date. You have been diligent in your efforts to secure an early trial and to receive disclosure that is legible and understandable. You may think that the Prosecutor can decipher the officer’s notes, but you would be surprised. Some people want to speak and write in code. Unfortunately, others that need to understand the communications of these individuals aren’t always in possession of a decoder ring and find it difficult; if not impossible, to understand what the message is that these individuals are attempting to convey. Remember that most Prosecutor’s follow an unwritten script and the only reason that a Prosecutor can understand what the officer did or didn’t do with respect to a particular charge is that prior to the trial, the Prosecutor asks the officer what happened and the officer provides his or her description of the events leading to the charge and the Prosecutor makes notes on that particular file (connected to that specific charge). It may prove very helpful to you if you reviewed the page on this website titled “Disclosure” see: http://fightyourtickets.ca/tickets/disclosure/

    The important aspect about disclosure, is that there are no surprises. Upon receiving disclosure (which is your right under section 7 of the Charter) you should be able to review it and know the entire case against you and then be in a position to make a full and complete defence against the allegations
    (in this case the “charge”). If you are unable to do this, then it can easily be argued that your rights under section 7 of the Charter have been comprimised and that the duty of the Prosecutor, to provide you with “full disclosure”, has not met. If the officer’s notes are illegible, then you have a right to request further clarification and if this necessitates that the officer type out, what he could not legibly write in his/her handwritten notes, then you must make this follow up request. If you have not received these typewritten notes from the officer by your next scheduled trial date (in which the fault lies squarely on the shoulder’s of the Prosecutor, not yourself) then you will not be in a position to proceed with your trial, given that you will not be in a position to make a full complete defence.

    You have a right to make full answer and defence and although section 7 of the Charter guarantees this, section 46 (2) of the Provincial Offences Act contains the RIGHT TO DEFEND and reads “The defendant is entitled to make full answer and defence”. You have to remember, if you cannot interpret or decipher the officer’s notes in this matter, how can you possibly make full answer and defence
    to the allegations (the charge(s) )? Remember, you have no control here. You are not in the driver’s seat , in fact it is the Prosecutor that bears the responsibility and onus, to provide you with the disclosure you are entitled to as the defendant, to ensure that you are in an appropriate position to defend yourself. The process is one, in which you make requests and then wait for a response; hopefully the response is adequate and you receive the entire case against you (and are able to read and comprehend the disclosure (in this case, the officer’s notes), so that you are in a position where you can see, in advance, what is coming and can properly prepare your defence to the charge.

    If the disclosure, that you seek in relation to your charge, is not forthcoming, by the trial date, the Justice of the Peace will be confronted with two (2) choices:

    1. Adjourn the matter to another date, or;
    2. Provide you with a Stay of Proceedings, which is the ultimate remedy for failure to provide
    disclosure in a timely manner.

    Most Prosecutor’s will request and receive an adjournment. This is their chance to provide you with disclosure, prior to the next scheduled date.

    The only time that a JP will grant a Stay, is if a considerable period of time has already elapsed and if it appears that an adjournment will place the trial date too far in advance, which will ultimately infringe upon your section 11(b) rights under the Charter. In order to seek the remedy of a Stay under section 7 (due to lack of disclosure in a timely fashion), you would have to request it.

    Remember, any time that elapses here (between the date of the charge and the trial date where the matter is eventually heard) falls squarely on the shoulders of the Prosecutor, not you. It is the Prosecutor’s responsibility to provide you with timely disclosure. As long as you have made the request for disclosure, the duty then shifts to the Prosecutor to provide it to you, within an appropriate timeframe and material that you are able to read and readily understand.

    If your trial is delayed, because the Prosecutor is unable to furnish you with disclosure, then this passage of time becomes an issue, pursuant to section 11(b) of the Charter and counts against the Court, not against you. This can then be incorporated into your Application for Stay of Proceeding and within your Sworn Statement.

    You can request an early trial, but the Courts determine your trial date, not you. The schedule is laid out in advance and the Courts are generally inflexible when it comes to early trial dates. You can include your effort to achieve an earlier trial date, although in the end it won’t make alot of difference, given that the Court will just look at the amount of time, which includes the neutral intake period.

    Your doing well, keep up the good work. The best way to learn about the system is to experience it firsthand; which you have been doing. Remember to always http://fightyourtickets.ca

  314. Hello,

    First and foremost I would like to thank you for responding…
    It has been an overwhelming process trying to understand the law and the court system, and then having to apply it respectively. Especially when I am a perfectionist at matters and nothing is black and white with the court system and the law. Nevertheless, I have found this website extremely helpful and empowering in shedding some light on a system that can be intimidating. Thank you!

    Today, I went to pick up my disclosure (after 2 weeks and 3 days since they told me my disclosure was ready for pick up). Presented to me was photocopy of my ticket and the cop’s notes. With that said, I took a look at the cop’s notes and it was not much, but it looked like a doctor’s handwritten note—I couldn’t make out much of what it said. So, I went back and requested someone or anyone to read the note for me, and the clerk clarified to me and said I can make a request for a type written note. While she was saying that to me one of the other clerk muttered “she is not going to get it by her court date”. And the clerk who was helping me out said “well, she can make a request any way”. I asked “what will happen if it doesn’t come by the court date?” and she said “I would have to take it up with the prosecutor on the day off”. She then ask me to write on the disclosure “request for a type written note” and stamped it…and she wrote “further request” underneath it.

    I know it might be odd for me to say this “but isn’t it common sense to provide a type written note if the notes aren’t legible? Considering, I probably wasn’t their first case where they had to provide a type written note for that reason. I am pretty sure the prosecutor can understand the note…because they’re like the pharmacist who can read the doctor’s scribbles

    Anyhow, I am going to type up a follow up and fax it to the number on the disclosure request form (which is the prosecutor’s office at old city hall??? I was always confused about that, which prevented me from faxing a follow up with the disclosure and instead I made a phone call into the matter, but now I know better).

    In the event where I don’t receive the type written note on the day of the trail (April 9th, 2010)…is that a point against me or a point against the crown?

    On top of all that, I am still proceeding with the 11b to have the trail stayed at 11 months and a day short (lolz….you were right about the calculations). In the sworn statement, can I write out all my arguments and the process I have undertaken to follow up on the disclosure even though I only made a phone call.

    For instance, to sum it up… I wrote I requested for a disclosure, and three weeks prior to my court date…still no disclosure…had decided to phone in and inquire about the matter and was told abruptly, by the clerk that “there was nothing I can do about it, and I will just have to wait for it, even though my trail date is coming up soon” Court date came, no disclosure, but showed up for court regardless to have the trail adjourn due to lack of disclosure on the crowns part. And it was the crowns duty and obligations to provide a disclosure, after I took the diligence on my part to file a disclosure a week after I receive the notice of trail in the mail. ….and then I am adding in more or less what your template says as the closing.

    Now, on Monday (March 8th) I also faxed in a request for an early trail date for March 11th to 416.338.6986 at old city hall (which is the prosecutor’s office????) The reason why I am confuse is….I called the 416.338.7245 number March 2nd, and spoke to the clerk and asked about a early trail request, and she told me I would have to go to Edward st. to put in an early trail request…so, I said okay and went to Edward st. the next day and was told there was no such thing as an early request and if I want to speak to a prosecutor to have an early resolution I can do here or move my date to a later day, but there is no moving it to an earlier date. My response was “isn’t it my right to make a request for an early trail date, whether or not if it could be met or not?” anyhow, I left fustrated…and decided to fax in the request to the number mentioned above”

    Should I write/add (in a more formal phrasing of course) in my sworn statement of what took place in trying to request for an early trail or should I just leave it out because it doesn’t have much weight on my 11b arguments in term of not waving my right foe a speedy trail.

    Thank you,
    y

  315. Hi Wendy:

    People lose things, but this doesn’t mean they lose their rights under the Charter. If you filed your parking ticket without copying it first then you won’t have the ticket. You could go back to the place that you filed it and ask for a copy or you could just file the Application for Stay of Proceeding without it. This would mean
    that you would lose one Tab, but would submit everything else in the Application. If you do not include a copy of the ticket within your Application for Stay, this is not fatal and your application would be reviewed by the courts as if it was included. You would cover this off anyway within your statement, by explaining that you received a ticket on a given day and place and time. File the Application for Stay of Proceedings without the ticket. Remember to always http://fightyourtickets.ca

  316. Hi Wendy:

    In response to your questions:

    1. If you received the ticket, you have to show up, not the registered owner of the vehicle

    2. Include the Askov and Morin decisions in their entirety.(In Tabs 5 & 6)

    3. It should be blue and thicker than paper, given that you have to rely on the back tab to receive the stamps and the ink that will be used in the stamp is thick and will adhere much better to a thicker grade of cardboard, then paper.

    Remember to always http://fightyourtickets.ca

  317. Hi Yen:
    You have taken all the right steps to date. You have a right under the Charter to full disclosure, before the trial commences and you exercised this right. see http://fightyourtickets.ca/tickets/disclosure/ . You should have received disclosure long before the trial date, especially if the trial was scheduled for February 22, 2010 and you requested the disclosure on December 11 of the previous year (2 months and 10 days).
    When you showed up for your trial, the Prosecutor (who has an obligation and duty to provide you with disclosure) agreed to adjourn the matter to April 9, 2010 given that the Prosecutor did not meet his/her obligation to provide you with the disclosure that you requested and were entitled to have. This delay can only be attributed to the negligence of the Prosecutor and not to yourself or to the actions of the defendant.
    May 10, 2009 to April 9, 2010 is 11 months, less a day. You can certainly submit an Application for Stay of Proceedings see: http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/ and rely on Morin (in this decision the Supreme Court speaks to a guideline for trials at 8 to 10 months) but the Supreme Court on top of the 8-10 months also allows for an “intake period” or “an administrative period” which can mean a number of months, depending on how busy that particular area is. The larger the area, the busier the area, then more time is allowed for the administrative intake or processing of tickets to trial. In Toronto, for instance, 14 months seems to be the threshold and any matters that take 14 months or more to proceed to trial, will be thrown out, if the defendant has submitted an Application for Stay of Proceedings well in advance of the scheduled trial. It depends on volume of tickets received in the area in which you received your ticket for speeding.

    If I was in your position, I would definitely file the Application for Stay, even if, at the end of the day, the Court was not prepared to accept it, at 11 months. The reason you should file it is that it will motivate the Prosecutor to lower the fine and/or demerit points (ie-125 km/h to 115 km/h) or in the event that the matter is put over again (and this could happen, for example the officer doesn’t show up on April 9, 2010 and the matter is adjourned the second time) this additional time may well put it over the acceptable threshold.

    In response to your other questions:
    Submit the entire decisions, as you will be relying upon these decisions. In addition to submitting these decisions within the Application for Stay of Proceedings you should read these decisions and understand them, in order to make your argument with authority.

    You can submit the decisions from CanLII. In the past, for the typical layperson, the only way to access laws, which were specifically relevant to the issue, was to either purchase it at the Provincial or Federal publications bookstores. The legislation was always expensive and was only up to date, to the date that it was actually published. Whenever the legislation changed (and this happens frequently in Ontario) or was updated, you had to purchase the most recent law.

    On July 25, 2007 the Legislation Act, 2006 came into being, and it was obvious (from a simple read) that the government was beginning to recognize that the age of the internet was upon us and wasn’t going away. The Act also provided more convenient and less expensive ways of obtaining legislation and including it in your submissions to the courts. The courts now accept copies of the Acts from the internet (Ontario’s “e-laws” which include Ontario statutes and laws):

    Legislation Act, 2006 (see: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06l21_e.htm#BK38)

    PART IV PROOF OF LEGISLATION

    Official copy

    35. (1) A copy of a source law or a consolidated law is an official copy of that law if,

    (a) it is printed by the Queen’s Printer or by an entity that is prescribed under clause 41 (1) (a);

    (b) it is accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b); or

    (c) it is prescribed under clause 41 (1) (c) as an official copy. 2006, c. 21, Sched. F, s. 35 (1).

    Disclaimer

    (2) Subsection (1) does not apply to a copy that is accompanied by a disclaimer to the effect that it is not intended as official. 2006, c. 21, Sched. F, s. 35 (2).

    Official copies of source law as evidence

    38. Unless the contrary is proved, an official copy of a source law is an accurate statement of that law.

    Official copies of consolidated law as evidence

    39. Unless the contrary is proved, an official copy of a consolidated law is an accurate statement of that law,

    (a) in the case of an official copy described in clause 35 (1) (a), on the consolidation date shown on the copy;

    (b) in the case of an official copy accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b), during the period indicated on the e-Laws website in respect of the copy when the copy is accessed;

    (c) in the case of an official copy prescribed under clause 41 (1) (c), on the date or during the period prescribed under clause 41 (1) (d).

    Regulations

    41. (1) The Attorney General may make regulations,

    (a) prescribing an entity for the purposes of clause 35 (1) (a);

    (b) prescribing forms or formats, including print-outs, on-screen displays or other output of electronic data, for the purposes of clause 35 (1) (b);

    (c) prescribing official copies for the purposes of clause 35 (1) (c);

    (d) prescribing the date on or period during which a copy prescribed under clause (c) is an accurate statement of a consolidated law.

    See Ontario Regulation 413/08: see http://www.e-laws.gov.on.ca/html/source/regs/english/2008/elaws_src_regs_r08413_e.htm

    Ontario Regulation 413/08 (as of November 27, 2008) reads as follows

    OFFICIAL COPY OF LAW FROM E-LAWS WEBSITE

    Official copy

    1. For the purposes of clause 41 (1) (b) of the Act, the following are the prescribed forms or formats of a copy of a source law or a consolidated law accessed from the e-Laws website:

    1. An on-screen display of a copy viewed on or downloaded from the e-Laws website in HTML format or Microsoft Word format.

    2. A print-out of a copy viewed on or downloaded from the e-Laws website in HTML format or Microsoft Word format.

    What all of this means, is that you can now download copies of the law, from government e-laws websites and that this law can be introduced into the courts as “official copies of that particular law”. The formats that are accepted, can be see in Ontario Regulation 413/08. I have provided a link to the Legislation Act, 2006 (which provides the most recent consolidation (July 25, 2007 to December 14, 2009) of this law). The format or prescribed form, in which these laws can be submitted to and accepted by the courts, can be found in Ontario Regulation 413/08.

    If you intend on relying on any part of the Highway Traffic Act or the Courts of Justice Act or any other Provincial Act, then copy them off of the official e-Law websites provided and you will be able to successfully use them in the courts when you are fighting your tickets in the courts. You will save a bundle of money and will always have access to the most up to date and relevant legislation (without having to purchase the entire Act, just to be in possession of the most recent change to one section of the sameAct).

    Technically you should have your sworn statement signed off by a Commissioner, but I have never done this, I have always signed them off by myself. If the Prosecutor raises it as an issue at the Trial, you can simply read off your sworn statement under oath.

    At one point in time, the Department of Justice accepted Applications via facsimile, but they don’t now. Given the volume of the documents found contained in an Application for Stay of Proceedings, it would be unrealistic to fax these Applications. You have to serve these douments in person and wait for a stamp on the back of the Application. Make six (6) copies – bring them to the Attorney General of Canada (Department of Justice) have them all stamped, and leave one with them and bring five (5) away with you. Do the same thing at the Attorney General of Ontario and leave them with one and bring them away with you, etc. When you are finished, you will have two (2) which you will bring to the trial. If the Justice of the Peace claims that he or she did not receive his/her copy, then you can provide him/her with your extra copy, while maintaining your copy from which you can make quotes from, and from which you can prove that you served the other copies by way of the stamps on the back cover of the Application. Remember to always http://fightyourtickets.ca

  318. Hello,

    I am new to all of this, and have a few questions.

    I was charged with the speeding on May 10th, 2009 on the QEW 90km/h going 125km/h. I requested for a disclosure at the clerk office in person on Dec. 11, 2009 (a week or so after receiving the NOTICE OF TRAIL by mail). The trail date was on February 22nd, 2010 (10 months from the offence date). Three weeks before my trail date, I called the clerk office and was told very abruptly that “I would just have to wait for it!” It didn’t occur to me at the time I should of faxed, or mailed in about inquiry into my disclosure so, I would have proof I looked into the matter to show the courts.

    The court date came and I went to court and asked the prosecutor for an adjournment due to the lack of disclosure. I appeared before the justice of peace, and the cop was asked to come up and state an available date he had for the adjournment, which was April 9th, 2010. The justice of peace then asked “do I agree to the court date of April 9th, 2010, and to make a note that it would be taking place in court room #E at 1:30pm.” And I answered yes. The prosecutor than states the disclosure would be ready for pick up after the end of court, but I was in a hurry and had to leave right after my trail and didn’t pick up the disclosure, however would do so before the trail date.

    My question is this…
    It would be 12 months from the offence date of May 10th, 2010, to of April 9th, 2010 (the new court date). Would 12 months qualify to request for a stay proceedings? Considering the adjournment on the orginal court date was at the flaut of the Crown because they were unable to provide me with a disclosure before the trail date. I was reading your application of stay and it was showing 14 months as an example.

    Also, what is the purpose of providing a copy of the entire case of Askov et al v. r. Decision & R. v. Morin Decision? And I can copy/print the ones found on http://www.canlii.org.

    And would I need my sworn statement signed by a Commissioner of Oath?

    Can the documents for the stay proceedings be faxed over to Department of Justice & Attorney General of Ontario?

    Greatly appreciate any comments or advice offered

    Thank you,
    Yen

  319. Hello again Admin!

    Actually, I only have the Notice of Intention to Appear and not the actual parking ticket itself. I think that when I went to get set my trial date, I surrendered the parking ticket to them and they gave me this slip instead. Does that work for Tab 3? Because if it doesnt then there’s no point in answering my previous questions since I clearly will not be able to file for the Stay of Procedings…

    Thanks in advance!

  320. Hello Admin,

    I’ve received a parking ticket and it took them 14months to send me my court date! So now, I’m trying to put together the application for Stay of Procedings and just have a few questions for you:

    1) the ticket was issued under the car owner’s name (which is not me, I was borrowing the car that day), so on the day of the trial, do they need to be there in person as well?

    2) for tabs 5 and 6 of the application, am I including these two papers in its entirety?
    Askov: http://www.canlii.org/en/ca/scc/doc/1990/1990canlii45/1990canlii45.html
    Morin: http://www.canlii.org/en/ca/scc/doc/1992/1992canlii89/1992canlii89.html

    3) Lastly, for the blue cardboard cover/backing (I assume these two are of the same material), how much does the colour and cardboard thickness matter?

    Thanks!

  321. Hi Brice: It sounds as though you are vigorously pursing this matter and will ultimately win this. You have
    already taken the right step in filling out a request for trial (Notice of Intention to Appear notice).

    While you are waiting for your Notice of Trial in the mail, you should be performing some
    preventative research and look at the following page: http://fightyourtickets.ca/tickets/reasons-
    for-dismissal/

    When you receive your Notice of Trial, you should be filling out a request for disclosure, see:
    http://fightyourtickets.ca/tickets/disclosure/

    You have the right under section 7 of the Charter to receive full disclosure before the trial and it is
    only then, after you have received your disclosure that you will be in a position to mount your
    defence and to understand the threshold that you would have to meet. You may want to ask in
    your disclosure request, what kind of speed measuring device was used to determine that you were
    driving in excess of the posted speed limit, the speed measuring device manufacturer’s
    recommendations or specifications, when the officer tested the speed measuring device and all of
    the results obtained.

    You are on the right track, you just have to do alittle more preparatory work prior to the scheduled
    trial, to get ready for the process. Remember to always http://fightyourtickets.ca

  322. Hi Admin,

    your website is great, i have learn so much after i got my first hand written speeding ticket a few weeks ago. .
    i was told that i drove over the limits (21 to be exact on a community safety zone ). The street i was on is a 70 m zone then later to reduce 50m. i was caught on the bottom 50.

    i knew i drove under the limit because i have a habit of looking at the speedmeter quite often. if i am in the 70 zone, i make sure i am on the 60 or unless i don’t know the limit then i will drive 50. never ever i would drive over the limit.

    i carefully reviewed my ticket and i found a few errors

    1) the wrong spelling of a street name
    2) the date is wrong. ( i could not be 2 places at the sametime in different area ( north central and south east ).
    i got all the receipts with the time and credit card # on the receipt ready to show the judge that i was no where near the location which i was charged on that day and that specific time.

    i have filled out the a Notice of Intention to appear and waiting for the notice of trial.

    what else do i need to do? what do i need to look for ?
    Do i have a winning case?
    it may sound riciculous that i actually lost sleep over this , please help!

    regards

    Brice

  323. Hi raccoonC:

    You have to fight this one. It sounds like technically your wife was illegally parked. But much like an ambulance (who would not have received a ticket), the motor vehicle that your wife was using was being used for the same purpose and reason. The reason an ambulance parks close to a building is to ensure that the injured individual can be transported as quickly and painlessly to the vehicle being used for this purpose. If your wife transported your son to the hospital or a doctor’s office, your wife should try to obtain documentation to establish that and to corroborate this fact. The by-law officer upon hearing the circumstances should have exercised her discretion, and ripped up the ticket, rather than just casually shrugging her shoulders and leaving the scene.

    You have 150 reasons to be upset and should immediately file a Notice of Intention to Appear. The signage was confusing to say the least and ultimately would be interpreted or misinterpreted by the bylaw officer who issued the ticket. Upon receiving this, you should file a disclosure request and begin to outline your questions and final argument. Remember upon hearing all of the facts surrounding this ticket, I am sure that the Prosecutor will offer a reduced fine and may even drop it. If the Prosecutor is unreasonable, then you would appeal to the reasonableness of the Justice of the Peace. Any parent hearing this will sympathize and would do the right thing. Your son may have been kicked by “accident”, but the kick in the pants that you received by the bylaw officer was intentional and no accident. You must fight this one, simply on a point of principle. Remember to always http://fightyourtickets.ca

  324. Hello,

    My wife has got a parking ticket and we would like to fight it. We did a long research on the corresponding by-laws, but could not find anything that would cover her situation clearly. The story goes: The other day my wife got a call from the school. She was said that our son was kicked by accident, and was asked to pick him up as even after spending half an hour in the school nurse’s office he was still in pain. My wife immediately rushed to the school. She parked in front of the office, where our son was waiting for her, and ran inside to help out our son as he was not able to walk out on his own. In less then 2 minutes they were out and found a by-law officer sticking a $150 ticket on the wind shield for the car parked in a designated fire-route lane. She explained the officer that she had responded to an emergency call from the school and that she had parked in front of the office so that our son could get into the car with minimal painful walking. The officer shrugged off her arguments and left hastily.
    The twist in the story is that the driveway, where my wife parked the car, is a 2-lane, one-way road. The right lane, where the car was parked, is a designated kiss-and-ride lane, where parents and school buses park (not just wait) routinely without issues. The left lane is a drive-through lane, leading to the exit from the school property. The fire-route sign is only displayed on the left side (drive-through) and does not state that both lanes are designated as a fire-route.
    Any advice would be highly appreciated. Thank you for your help in advance!

    racconC

  325. Hi Lightspeed7: Long time no hear. Welcome back.

    If you missed your court date due to the fact that you did not receive your Notice of Trial in the mail, you have only 15 days (include the weekends as part of the the 15 day calculation) from the time that you received what you refer to as a “notice of fine” to make an application for a Re-opener. This is not an appeal, this is an application for a re-opening, meaning that you would have another trial date scheduled for your ticket. You will have to explain that you did not receive your Notice of Trial, but instead received your conviction notice – this should be sufficient to convince the Justice of the Peace to grant the re-opener and he/she will have to provide you with another trial. See “Conviction Notice” at http://fightyourtickets.ca/tickets/conviction-notice/ . The only time that you would initiate an appeal (again you would only have 15 days to do so) is if the Justice of the Peace was unreasonable and did not grant your request for a re-opener. By the way, to state under oath or affirmation (which will take place in the presence of the Justice of the Peace as he/she reviews you application for a re-opener) that you did not receive a Notice of Trial in the mail (after having filled out the a NOTICE OF INTENTION TO APPEAR sheet – a Form 7 – Provincial Offences Act – Regulation 950 ) but instead, received a conviction notice (notice of fine) after having been convicted in absentia, would be legitimate grounds for a re-opener. If the Justice of the Peace refused to approve your request for a new trial, you would have very good grounds for an appeal (but would only have 15 days to do so, upon hearing the JP’s decision).

    For the Ministry of Transportation, who administers your driving licence record in Ontario and any demerit point points that you may accumulate, the Ministry only looks at the time that you were charged with an alleged offence (2 years from the date that you were charged), but only if you are eventually convicted. It is Insurance Companies that maintain a record from the actual date of the conviction – as a minimal 3 years and sometimes up to 6 or 7 years (but only if you convicted of the alleged offence). If there is no conviction, then neither the Ministry of your insurance company can rely upon the alleged offence to your detriment.

    Take care and remember to always http://fightyourtickets.ca

  326. Comment:

    I missed my court date in December to schedule the trial. I expected a trial notice. Instead I got a notice of fine. I did not receive a trial notice at all. I realize I can appeal this. will I be successful in this case?

    I read your section on appeals. I can appeal the conviction but not the sentence? still not certain what is involved in the appeal. I am not so worried on the fine as I am the affect on my insurance.

    Also, this section makes reference to the 2 and 3 years periods from the offense date, not the date of conviction. If you have an offense, I thought it only counted against you upon conviction?

    Can I just pay the money and not have the conviction?

    thanks again. This website is a great service. I will be buying your book just as soon as I get my paypal account sorted out. (within the week)
    LS7

  327. Hi Mike:

    In the past, for the typical layperson, the only way to access laws, which were specifically relevant to the issue, was to either purchase it at the Provincial or Federal publications bookstores. The legislation was always expensive and was only up to date, to the date that it was actually published. Whenever the legislation changed (and this happens frequently in Ontario) or was updated, you had to purchase the most recent law.

    On July 25, 2007 the Legislation Act, 2006 came into being, and it was obvious (from a simple read) that the government was beginning to recognize that the age of the internet was upon us and wasn’t going away. The Act also provided more convenient and less expensive ways of obtaining legislation and including it in your submissions to the courts. The courts now accept copies of the Acts from the internet (Ontario’s “e-laws” which include Ontario statutes and laws):

    Legislation Act, 2006 (see: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06l21_e.htm#BK38)

    PART IV PROOF OF LEGISLATION

    Official copy

    35. (1) A copy of a source law or a consolidated law is an official copy of that law if,

    (a) it is printed by the Queen’s Printer or by an entity that is prescribed under clause 41 (1) (a);

    (b) it is accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b); or

    (c) it is prescribed under clause 41 (1) (c) as an official copy. 2006, c. 21, Sched. F, s. 35 (1).

    Disclaimer

    (2) Subsection (1) does not apply to a copy that is accompanied by a disclaimer to the effect that it is not intended as official. 2006, c. 21, Sched. F, s. 35 (2).

    Official copies of source law as evidence

    38. Unless the contrary is proved, an official copy of a source law is an accurate statement of that law.

    Official copies of consolidated law as evidence

    39. Unless the contrary is proved, an official copy of a consolidated law is an accurate statement of that law,

    (a) in the case of an official copy described in clause 35 (1) (a), on the consolidation date shown on the copy;

    (b) in the case of an official copy accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b), during the period indicated on the e-Laws website in respect of the copy when the copy is accessed;

    (c) in the case of an official copy prescribed under clause 41 (1) (c), on the date or during the period prescribed under clause 41 (1) (d).

    Regulations

    41. (1) The Attorney General may make regulations,

    (a) prescribing an entity for the purposes of clause 35 (1) (a);

    (b) prescribing forms or formats, including print-outs, on-screen displays or other output of electronic data, for the purposes of clause 35 (1) (b);

    (c) prescribing official copies for the purposes of clause 35 (1) (c);

    (d) prescribing the date on or period during which a copy prescribed under clause (c) is an accurate statement of a consolidated law.

    See Ontario Regulation 413/08: see http://www.e-laws.gov.on.ca/html/source/regs/english/2008/elaws_src_regs_r08413_e.htm

    Ontario Regulation 413/08 (as of November 27, 2008) reads as follows

    OFFICIAL COPY OF LAW FROM E-LAWS WEBSITE

    Official copy

    1. For the purposes of clause 41 (1) (b) of the Act, the following are the prescribed forms or formats of a copy of a source law or a consolidated law accessed from the e-Laws website:

    1. An on-screen display of a copy viewed on or downloaded from the e-Laws website in HTML format or Microsoft Word format.

    2. A print-out of a copy viewed on or downloaded from the e-Laws website in HTML format or Microsoft Word format.

    What all of this means, is that you can now download copies of the law, from government e-laws websites and that this law can be introduced into the courts as “official copies of that particular law”. The formats that are accepted, can be see in Ontario Regulation 413/08. I have provided a link to the Legislation Act, 2006 (which provides the most recent consolidation (July 25, 2007 to December 14, 2009) of this law). The format or prescribed form, in which these laws can be submitted to and accepted by the courts, can be found in Ontario Regulation 413/08.

    If you intend on relying on any part of the Highway Traffic Act or the Courts of Justice Act or any other Provincial Act, then copy them off of the official e-Law websites provided and you will be able to successfully use them in the courts when you are fighting your tickets in the courts. You will save a bundle of money and will always have access to the most up to date and relevant legislation (without having to purchase the entire Act, just to be in possession of the most recent change to one section of the sameAct).

    Good Luck and remember to always http://fightyourtickets.ca

  328. You have helped so many peopple that can’t afford to buy legal help – like me.

    I have been following your webiste for a long time. I have won 2 of my tickets (one for speeding and the other for parking in a fire route) and have never needed to use any of the Acts before.

    I am doing an appeal and I need to use two Ontario Acts.

    How can I put them in? In what format – can I just write them off of my computer and hand them in or do I have to put them in in some other way? Where can I buy them, cheap and jsut photocopy them 3 times and hand them in.

    In 3 weeks I read your entire website, but it doesn’t refer to these points. Your help would be very grateful.

  329. Hello Administrator:
    My trial was scheduled for 1:30 pm today and I was organized. I had reviewed your entire website and had followed your instructions to the “t” – I was prepared today. I thought for good measure I should buy your book and I am glad I did. All the bookstores I went to in the area that I live in and that I work in, contained nothing which could be used for the battle that I found myself in today. All the books that I looked at were either way out of date or left you with more questions than the answers inside of them. Your book is up to date and contained a number of different ways to fight my tickets. I used one of the sections today and if I had not known this information, I would have been found guilty of the charges. I found it really helpful to write down all the questions I had for the cop that laid the charges (advice I thank you for, which you have on your website) and I was actually in control when I had a chance to cross-examine. The prosecutor tried to rush me through my questions, until I reminded the jp that I had the right to cross-examine and that at no time did I rush or try to rush, the prosecutor when he was asking his questions of his only witness. The jp agreed with me and actually gave the prosecutor shit! I am really happy because after this, I presented my final argument and the jp only convicted me of the one minor charge (that will not affect my insurance) and said that “after hearing the evidence, found that a reasonable doubt was raised in regard to the other two charges and dismissed the charges (the two that would have increased my insurance premiums). I don’t want to get too much into the details, as I do not want to anger the prosecutor and have him submit an appeal. It bears repeating that I am convinced that without your website and your ebook, I could not have been prepared for this situation. Thanks to you guys, I am now beginning to learn and understand a system which use to terrify me. It doesn’t scare me anymore – you reached your goal, I am empowered.

  330. Hi Lightspeed7:
    It sounds like it is neither practical or convenient for you to attend the trial. If it creates that much stress for you and interferes with your work schedule and most people think your nuts for fighting it, then you should initiate the best plea bargain that you can possibly negotiate with the Prosecutor. In your case you could probably manage to convince the Prosecutor to lower the number of km/h that you were allegedly travelling over the posted limit down from 96 km/h over 80 to 95 km/h over 80, which would at least save your licence from accumulating demerit points. If you don’t want to fight your tickets, then at least negotiate the very best deal you can. Remember to always http://fightyourtickets.ca

  331. Hello Admin.

    First of all thanks for your past replies. I am looking for a little advice, I hope you can enlighten me….

    I got a ticket last summer on a quiet untraveled stretch of road, 96km/h in an 80km/h (written down from 111km/h)….so a $50 ticket. I chose the trial option, got my disclosure, and when the court date came up I had it pushed back because I couldn’t miss work. That put it into early 2010. Unfortunately, I missed my adjournment date (out of town, couldn’t find it) but caught the prosecutor on the way out of the court house to find out my request was granted.

    A date to set the court date was set which I could not attend, and none of the dates were good for me, but at this point I no longer have a choice(the show must go on).

    Everything about the ticket/disclosure seems legit, and going to court means missing work, a 2-3 hour drive each way (back roads at that) and I have no idea what I can say in my defense.

    I am worried about getting “slapped” if i don’t have a decent defense, or getting the fine increased back up to the 111km/h (31 over), which is what he will testify. Also, most people think I am nuts to be fighting it.
    My Main thing is insurance as i am under 25. I have one ticket from ’07 and one from ’08 (both +15km/h or less)

    I am considering pleading guilty (phone call to persecutor?) and not going to court at all, or will this be worse? (enough stress having this hang over my head)- any ideas?

    thanks again!
    LS7

  332. Hello, Admin. Thank you very much for all your great advices and suggestion. Yes, I will fight the ticket for sure. I will let you know the progress and share my experiences with everyone later on.

  333. Hi Matt:
    You must go to the court office and request a trial. You must also request disclosure: this is a copy of the notes that both of the officers should have made at the time that you were charged and the allegation was laid.

    The officer that issued you the ticket stated that his partner had seen you without your seatbelt. He did not indicate that he saw you operating your motor vehicle without wearing your seat belt.

    Your spouse can come to court and swear under oath that you were wearing your seatbelt at the time that the allegation was made against you and the time that you received your ticket.

    Bringing your son to simply state that your normal practice is to wear your seatbelt while operating your motor vehicle won’t be a great deal of assistance, given that the best witness, whose evidence will be the most relevant and given the most amount of weight, will be that of your spouse. She was with you at the time of the incident and will give evidence on this crucial point.

    If the officer who issued you the ticket did not see you without your seatbelt, then his partner will have to come and provide viva voce evidence on this point. If the officer, who issued the ticket, only relied on his partner’s observations, then his evidence would be considered to be “heresay” and will not be given alot of weight by the court. Both your spouse and yourself can give direct evidence on point and will prove to be the most reliable and relevant.

    Both officers would have to show up to give evidence (unless the one that provided the ticket suddenly recalls that he also saw you driving without your seatbelt being worn). You have a very good chance of successfully defending yourself in court on this charge.

    You can’t afford this ticket and the consequences that accompany it and you must fight it. Remember to always http:fightyourtickets.ca

  334. Hello Admin: I have spent two days wondering in the web trying to find some info for me to fight my ticket. Eventually I find that the info you provide here is the most relevant and very helpful though my case is quite different from all above. I hope you can give me some advices.

    It was a rainy day and quite misty on Dec 31 2009. In about noon time, I was driving at a speed about 30 kph in Sidney street, BC. A police officer pulled me over and alleged me not wearing seat belt. I replied to the cop that I was wearing the seat belt while with my right hand I pulled the seat belt on my shoulder to show the cop that I was wearing the seat belt. The cop said that another officer saw me not waering seat belt in the intercetion. I replied to the officer that I did wear the seat belt since I started to drive from my home to here and my wife sitting in the pessanger seat could prove that I was wearing seat belt all the time. My wife told him that I did wear seat belt. I also told the cop that I have never ever not waer seat belt in a vehicle in motion in my whole life. The cop just took my driver license and registration papers away and back in about half an hour with the ticket for $167! I asked the cop why he still ticketed me for not wearing seat belt while I was wearing seat belt. The cop said the same thing again and told me I have the right to dispute.

    The distance from the intersection to where the cop pulled me over is about 30 meters. As I said I was driving at about 30 kph, the time I took driving from the intersection to where I was pulled over was 3.6 seconds. I was driving as normal without noticing anything happened at that time. How could I realyze that I was peeked by that stupid cop in the intersectoin, decided to wear the seat belt and then weared the seat belt in such a short time. Actually I did not notice any cop in the intersection.

    I have decided to fight the ticket as I am REALLY innocent! If it did not happen to me I could not believe the police officer can make such a fault allegation under the sun!

    Can you give me some advices on what are the best points I should present in the court? Will the court accept my wife as a witness? Can I have my son (17.5 year old) be a witness who proves I have never ever not wear seat belt in a vehicle? Have both cops – one pulled me over and another one in the intersection – to show up in the court?

    Thank you very much in advance.

  335. Hi Pat:
    If you request a trial, the Prosecutor can request that the Justice of the Peace allow him/her to prosecute the speeding charge at the original rate of speed (93 km/h in a 60 km/h zone) versus the 76 km/h in a 60 km/h speeding ticket (this is called amending up the speed on the speeding ticket). See: http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/ .

    You should be made aware that upon conviction of travelling 76 kilometres in a 60 kilometre per hour zone will mean that your driving record with the Ministry of Transportation will accumulate three (3) demerit points: See http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/ . Remember two (2) minor speeding convictions (in this case, 16 km’s. over will result in an insurance increase, will which remain on your auto insurance record for the minimum of six (6) years.

    The fact that you drove without one of your contact lenses cannot be used as a defence to anything.

    You must make an application for trial (known as an Notice of Intention to Appear or a “Form 7”) See: http://fightyourtickets.ca/tickets/requesting-a-trial/

    After you receive your Notice of Trial in the mail, you must make an application for Disclosure: See http://fightyourtickets.ca/tickets/disclosure/

    Remember to always http”//fightyourtickets.ca

  336. hey admin, I am wondering if you can shed some light on my situation. I was going 93 km/h in a 60 zone, the unmarked cruiser pulled me over and as i was already in the left lane of the 2 lane road, so i took a left turn to the nearest light which was about 100 ft away (i could see the traffic lights after i noticed his cruiser lights behind me) and pulled over. He asked to see if i was wearing my contacts and leaned in closely to check. I was only wearing one of them but he didn’t notice that the other one wasn’t in. He gave me a warning ticket (it says 50$ but under “payable” it says 0$) for only having my temporary insurance card, and reduced my ticket to 76 km/h. My question is, if i fight my ticket, can he bring back charges against me like the warning for the insurance, or can he use in his defense that i was going much faster and had already lowered it to give me a break ? Also do i have any defense with him not properly checking my eyes, and that letting me drive away could have been a hazard ? Thanks for any information you can provide.

    Pat

  337. Hi Brad:
    When presenting your case, at court, everything is in the timing. In the circumstance that you have described, you must look to the Provincial Offences Act, specifically sections 36. (1) which reads:

    36. (1) An objection to an information or certificate for a defect apparent on its face shall be taken by motion to quash the information or certificate before the defendant has pleaded, and thereafter only by leave of the court and;

    36. (2) which reads:

    Grounds for Quashing

    (2) The court shall not quash an information or certificate unless an amendment or particulars under section 33, 34 or 35 would fail to satisfy the ends of justice. R.S.O. 1990, c. P.33, s. 36. see: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s36s2

    Some defendant’s think there is some value in lying in wait and springing a technical issue, at the end, in argument. Unfortunately, most Justices of the Peace frown upon this ambush technique and may not even consider it (even if it is a great argument) given the wording of section 36. (1) of the POA.

    You can also demand all of these particulars in your disclosure request – see: http://fightyourtickets.ca/tickets/disclosure/ . If there is no foundation in law for the ticket, then you are not violating the bylaws in question and the ticket should go away.

    You must submit your motion prior to the pleading. What this means is that when the arraignment begins, when you are asked to enter a plea of guilty or not guilty – you must stand and say before I enter a plea in this matter, I make a motion to have this matter dismissed, given that the Bylaw in question, under which the certificate of offence was generated, does not apply to the specific street which I allegedly improperly parked on. Remember, it is the Prosecutor’s responsibility to establish that the Bylaw in question, under which you were charged, actual applies to your particular circumstances. It is not for you to prove it doesn’t apply, the legal and evidentiary onus lies on the Prosecutor to establish that the law is actually in effect, was in effect on the day and place and time at which you were ticketed and that your actions violated the municipal laws in place. Remember to always http://fightyourtickets.ca

  338. Hi Davis:
    I hope that your comments inspire others to invest the time and effort and to challenge their tickets.

    It is always frustrating to see a driver defeated by their own fear or their ignorance of the system.

    I’m glad that you didn’t let the Prosecutor intimidate you or belittle you. I am extremely happy that you
    embraced the challenge, sought the necessary knowledge and then went in to the court and successfully
    challenged your speeding ticket. You did a great job!

    I’m glad that this website has empowered you; as that is the objective of this site.

    Thanks for purchasing the book, as it costs alot to keep this website going. Remember to always http://fightyourtickets.ca

  339. Admin….I writing to thank you for helping me win a traffic ticket that was issued to me in June 2009. To share my experience with other visitors to your site. I’ll cap the details..
    I was ticketed for going 113 in and 80 Km/hr zone…The OPP officer said he had reduced the speed, but that if I appealed to the Court, the actual speed would be reinstated and the fine and demerit points would be increased. This officer was extremely polite…very sincere and respectful..no attitude..just doing his job.
    Upon reviewing the ticket, I noticed that it was properly completed with all details including a print of the officer’s name. However, the only blank was where the officer’s signature was supposed to be. The officer’s forgot to sign the ticket! This is when I sought and followed your advice..and most importantly I learned certain important things..one is that I should not be intimated by the prosecutor and the JP..and to always always request disclosure.
    Upon arriving in the court room, the prosecutor called me and to my disbelief, he offered to reduce the charge even further! (contrary to what the officer had warned me about). He said the fine would be reduced to $40 from $138 and there would be no demerit points…only if I pleaded guilty. I politely informed him that I was actually looking to have the ticket dismissed completely for the reason that it was not signed by the officer..At this point, he got quite angry at me and started telling me in a very loud voice (perhaps for 60 + people in the Court room to hear) that the ticket I was given did not have to be signed…only the copy filed with the Court needed to have the officer’s signature…He then went on to tell me that I should not be telling him how to do his job…He asked what I did for a living..when I told him what I did for a living, he asked if I would be insulted if someone told me how to do my job. I told him that I did not understand what he was talking about.. The disclosure documentation he had provided to me prior to the trial indicated that the officer did not sign the ticket. I added that this must be true unless there was other documentation that the officer or the prosecutor himself have in their possession which was not disclosed to me. My concern now was that I may not have received full disclosure. At this point, the prosecutor got somewhat agitated, he asked the Court clerk to confirm if court’s copy was signed by the officer. Her reply was “no.. it was not signed..in fact I have a few other like that”. The prosecutor then asked me to take a seat..he said he was going to ask the JP to dismiss the charge.
    When my name was called, I did not have to say anything at all…the prosecutor did all the talking for me..He said that the charge was being withdrawn due to the ticket missing the officer’s signature.. He said “the certificate is not complete and regular on its face” and the charges must be quashed.. He also said that I am the one who had brought this defect to his attention. The JP dismissed the charge.
    I think the whole court system for traffic tickets is a circus…I believe the prosecutor knew all along that my ticket was invalid, otherwise why would he have offered a reduced fine of just $40 and no demerit points? This gentleman appeared to be a bully to me…he intimidated every person scheduled for a trial by his loud and authoritative voice and then offered them reduced fines and demerit points. Like a dictator, he hates to be challenged or asked questions. Just before the JP appears, he addresses everyone in court now pretending to be the nice and spoken fellow who doesn’t force anyone to waive their rights to a trial by accepting plea bargains…He asks not to be misunderstood, but of course his mission is accomplished.

    Most of the offenders are not familiar with the Court System, they receive no respect and feel like winners when they readily accept the lesser charges and fines. I can say that there must have been at least 4 or 5 other people whose tickets were not signed and, like mine, their charges should have been dismissed too. These people all got convicted albeit on lesser charges..Both the JP and prosecutor knew about them but did completely nothing about those invalid tickets.

    Again, Admin for your advice and encouragement. I won my ticket.
    To support you website and for my future reference, I’ll go online to buy your book..
    Regards

  340. Hi,
    I have a quick request for advice – I am fighting a parking ticket. Basically, the by-law I was charged under has a schedule attached to it, that says parking on these streets, for such and such a period, etc are designated as parking meter zones. The Scheduled says one shall deposit the fee as per the schedule etc. The street I was on had a meter, but is not mentioned in that schedule as a parking meter zone. So my argument is, if the section i was charged under refers to a schedule. that refers to SPECIFIC streets, zones, fees,. etc and the location is not included there – that there is in fact no offence under the law. No law,. no crime.
    So i want to make a motion to dismiss the matter.
    Procedurally, do I wait for the arraignment, enter a not guilty plea, allow the crown to proceed and then ask for a dismissal based on mu argument?

    If so, how do I submit a copy of the schedule to the court as ‘evidence’? Will the court accept it at that point as supporting the motion?
    Basically, how do I ensure I make the motion at the right time.
    I do not want to approach the crown with the matter ahead of time in case they amend the information to another generic section of the act to get around it. Any thoughts?

  341. Hi CY:
    Under the circumstances and against the facts, as they were presented, it is highly unlikely that a Justice of the Peace would allow this matter to be re-opened and provide you with a new trial date.

    As you can read within the http://fightyourtickets.ca/tickets/conviction-notice page, the reason that you were unable to attend must be very compelling or as simple as “I didn’t receive the Notice of Trial in the mail, therefore I was not aware of the upcoming trial date”. Unfortunately, I would have to say that this case will not be re-opened and that your application for same would be denied. Consider it a lesson learned and be better prepared next time. Remember to always http:fightyourtickets.ca.

  342. Hi CY:
    You would have to make an application to re-open your case. See http://fightyourtickets.ca/tickets/conviction-notice/

    You would have to appear before a Justice of the Peace and ask that he/she exercise their discretion. Given your reason for missing your scheduled court date, chances are slim that the Justice of the Peace hearing the application will decide that the reasons that you were unable to attend, were beyond your control. If the Justice of the Peace doesn’t find that you could not attend through no fault of
    yours, then the application will be denied.

    Remember to always http://fightyourtickets.ca

  343. Hi Admin,

    I had my court date for Dec 15 but I misread it as today Dec 18th and so I missed it completely. I called the court and was told that I can file an appeal. I wonder what are the chances that the judge will look at my case fairly, I mean it was my fault that I didn’t double check the date and now I’m guilty because I failed to appear in court. I have read your appeal topic and understand that I must go to the court and pay the fine and possibly file an appeal.

    Thanks,
    CY

  344. Hi Davis:

    There are other ways to have your ticket thrown out, and you must look at it carefully see: http://fightyourtickets.ca/tickets/reasons-for-dismissal/
    example: If the officer did not write down his or her name on the ticket, you have won your ticket. But in order to realize this win, you must go to trial and upon having your name called you must stand up and come to the front and identify yourself as the accused. You must then tell the court “Your worship before I enter a plea in this matter, I move that this ticket be quashed, given that the officer who issued this certificate of offence (the name for a ticket) did not record his or her name on the ticket and this is a flaw which cannot be cured by this court pursuant to sections 35,36 and 90 of the Highway Traffic Act. In support of my motion, I will provide the court with a decision called Regina versus Claudio Bertolucci et al (et al means “and others”) decided by Justice Reinhardt in the Ontario Court of Justice on June 23, 1995 (R. v. Bertolucci et al., O.J. No.4283, Ont,Prov.Court [1995])

    Have confidence. After you receive the disclosure and go to the trial and the Justice of the Peace will quash the speeding ticket. Good luck and always remember to http://fightyourtickets.ca

  345. Again, I have to thank you for your time in sharing your excellent and valuable knowledge of the court system and legislation… My trial date is on Tuesday, Dec 22, 2009…I requested disclosure and I was advised on Dec 4, 2009 that it would be available starting Monday Dec 7, 2009…I understand I must pick up the disclosure or get some one to pick it up ( from a court house 100 km from my home in Toronto!) no fax or mail service in our justice system..I’m not sure if I should even bother to pick up this disclosure (loss of pay for 1/2 day plus the travel expense)…I intend to appear at trial, though, and ask that the charge for speeding be dismissed…My defense is that the officer did not sign the ticket and the JP cannot ammend this defect.
    I’m quite nervous about the court process or procedures. What exactly should I say when I appear in court?…the OPP officer told me that he reduced the speed on the ticket, but if I go to trial the original speed will be reinstated and the fine and demerits will be increased..Please advise and regards

  346. Hi Raj:
    If you intend on relying on the cases (also referred to as caselaw or jurisprudence) you should have a copy for the Justice of the Peace and also a copy for the Prosecutor on hand. It helps if you tag each page and highlight each paragraph in the decision you plan on relying upon. As a courtesy, it may prove useful to tag all three copies and highlight the paragraphs in all three decisions, so that when you refer to them, everyone can refer to the same section of the decision at the same time. The newspaper articles will not be accepted, given that it is simply a newspaper article and that you would have to call the author of the article to give evidence under oath (on the witness stand after he/she has been sworn in or affirmed). In the rules of the evidence, the other side must have an opportunity to cross examine a witness in the witness stand. You cannot cross examine an article of piece of paper, the only one that you would have an opportunity to cross examine is the author of the relied upon article in the newspaper. No one can test the veracity of a newspaper article, that would only be possible if the author of the article took the stand and spoke to the information contained within the article. Even if you brought the author, the information that he/she wrote would most likely be called an opinion and not that of an expert witness and therefore would not be given a great deal of weight when it came to evidence. The newspaper articles and auto industry spokespeople articles would not be accepted at the trial.

    The fact that this type of evidence will not be accepted, does not mean that you yourself cannot testify to the fact that this was and is your honest belief (with respect to the potential consequences of being rear ended by a very large and heavy motor vehicle (ie=tanker) ). If you have read these articles in the newspaper and articles by auto industry people and took away from those readings, the dangers of being rear ended – and you honestly believed that your life could be comprimised by having a large and heavy vehicle ramming into your vehicle – then that would be your evidence and you wouldn’t have to prove that, you would simply have to say that on the witness stand. At the end of the day, your evidence will be carefully weighed by the Justice of the Peace and will be weighed against what a reasonable and prudent person would think under the identical set of the circumstances that you faced as you proceeded through the red light within the intersection.

    No doubt the Prosecutor will state that your evidence is convenient and self-serving and only became an issue, after you were served with the ticket, and wasn’t an issue at the time of the incident leading to the issuance of the ticket. The Prosecutor will try his/her best to discredit you and attempt to portray your defence as a defendant clutching at straws, who would make anything up to win your case. Do not fall for this and never allow yourself to be intimidated – this is what the Prosecutor expects and depends on.

    Do not be discouraged by the rants of the Prosecutor. Remember that in most cases, the Prosecutor is not a lawyer, nor is the Justice of the Peace. Essentially, there are a number of laypeople in the court attempting to do their jobs.

    The Justice of the Peace will allow provide you with a lot of latitude and flexibility, given that you are a layperson. This same amount of forgiving is not, as a rule, provided to a lawyer or paralegal, given that they are suppose to know what they are doing and are suppose to mount the best defence on behalf of their client.

    You can win this Raj and you have taken the first step in this process. The nervousness that you feel will present you with the energy you will need to focus in on this ticket and to mount an intelligent and winning defence.

    I know you will do well. Remember to always http://fightyourtickets.ca and if you want to have a comprehensive guide to tickets, by your side in the future, go to http://fightyourtickets.ca/ebook/.

  347. Hi Admin,

    Thanks for your prompt consideration and detailed reply. The tanker truck behind me is also seen in the top & middle photos – in the middle one, its rolling past the white lines behind me. I will review both cases and make a note of it and quote it during the trial if need be. I also have got some newspaper articles as well as articles by auto industry people about increase in rear end collisions. Will these be accepted during the trial if I let them know about it. Should i also print the 2 cases you have mentioned above.

    Your site is pretty good in giving us laymen a good idea of the whole process. Although as the trial date nears i find myself getting nervouser by the hour.

    thanks again for all your kind help.

  348. Hi Raj: I wish you had contacted http://fightyourtickets.ca back in July when you received your ticket in the mail. However, your trial is next week and you have to get prepared quickly.

    You would have to start by reviewing “Red Light Camera System Evidence – Ontario Regulation 277/09”

    First you have to look at the legislation: see http://www.canlii.org/en/on/laws/regu/o-reg-277-99/latest/
    This is the information that should accompany the photographs that you received in the mail:

    Information on Photographs

    3. (1) A photograph taken by a red light camera system may show or have superimposed on it any of the following information:

    1. The date when it was taken.

    2. The municipality where it was taken.

    3. The time of day when it was taken.

    4. The length of time that the indication was showing red before the photograph was taken.

    5. The length of time that the indication was showing amber before the photograph was taken.

    6. The speed at which the vehicle shown in the photograph was travelling when the first photograph in a series of photographs was taken. O. Reg. 345/04, s. 1 (1).

    The following numbers should have appeared on the photo, given that Erin Mills and Credit Valley intersection is located in Regional Municipality of Peel (the Region of Peel):

    TABLE 4
    REGIONAL MUNICIPALITY OF PEEL

    1000 to 1169

    When a red light camera is activated, the picture and the accompanying documentation is sent to the owner (not necessarily the driver, unless the driver is the owner) stating that the owner has violated section 144 (18.1-18.6) of the Highway Traffic Act and demanding payment of $ 180.00. The owner of the vehicle does not accumulate any demerit points as a result of this violation of the Highway Traffic Act.

    A Red Light offence is considered an “absolute liability” offence under the Highway Traffic Act and under the law. This means that all the Prosecutor has to establish is that you committed the offence. The reason why you went through the red light won’t cut it. Excuses won’t work.

    The fact that you suggest that a Tanker Truck was following too closely and that you believed that by stopping you may have risked injury or death is a potential defence, that is available to motorists, even with regard to absolute liability offences. This defence is referred to as the “I had no choice” defence or the Defence of Necessity defence. These are the three elements you must prove in court, in order to win your defence of necessity defence:

    Defence of Necessity: Canada’s highest court of the land, the Supreme Court says that in order to have a successful Defence of Necessity, the defendant must prove or establish the following three (3) elements through evidence at the trial, the following:

    1. There must be imminent peril or danger. The peril must be on the verge of transpiring and;
    2. There must be no reasonable legal alternative to the course of action that the defendant undertook
    and;
    3. There must be proportionality between the harm inflicted and the harm avoided.

    Here is some law on point (you should review it, if you plan on using this defence in your trial.

    R. v. Haider: http://www.canlii.org/en/on/oncj/doc/2007/2007oncj387/2007oncj387.html
    R. v. Desrosiers: http://www.canlii.org/en/on/oncj/doc/2007/2007oncj225/2007oncj225.html

    Remember, the old saying “He who asserts, must prove”. If you are proposing that you had no choice but to go through the red light at the intersection, given that your life depended on it, you will have to establish and prove this to the Justice of the Peace and he/she will hold you to the strict rules of evidence and the law on this point.

    If you inform that Prosecutor, upon your arrival at the court at which your trial has been scheduled, that you are going to proceed at trial, the Prosecutor will probably engage you in plea bargaining negotiations. This will include a discussion about reducing your fine or a the withdrawal of the charge altogether.

    The worst that can happen is that you have your trial, you present your best defence (including “Defence of Necessity”) and you are convicted and you are ultimately fined. If this happens, you will be asked how long you’ll need to pay the fine and you will be able to ask for as much time as you need (90 days or more). You can inform the court that Christmas is coming and you will need funds to purchase Christmas gifts and as a result, will not be able to pay the fine as quickly as you may have ordinarily been able to pay it. You’ll be given the requested extra time to pay the fine by the Justice of the Peace.

    Given that you have already requested a trial and have began thinking about a defence with respect to this charge, I think that you will do well under the circumstances.

    Good Luck and remember to always http://fightyourtickets.ca A great anytime gift or Christmas gift, can be found at http://fightyourtickets.ca/ebook/

  349. Hi

    I received a red light camera ticket at erin mills & credit valley for going thru on the morning of july 27 09. when i received my ticket in mail i requested a trial date which is scheduled for next week.

    the ticket says the following:
    1. the photos were taken when the light was red for 000.2 seconds and the vehicle proceeded thru the intersection when the light had been red for 001.1 secs.

    2. the top photo shows the light red and a mississauga transit bus in the leftmost lane fully in the middle of the intersection, a car in the middle lane slightly ahead of mine and mine in the third lane just crossing the white lines. behind me in my lane is a tanker truck following closely.

    3. the middle photo shows the 2 left lanes obstructed from view from the camera angle by the tanker truck and my car in front of it almost on the other side of the intersection.

    4. the third photo shows my license plate zoomed in.

    My reasoning is that with the tanker truck behind me so close if i had stopped i feared it would have rear-ended me as my speed was 60kmph. so i could not have stopped safely. Besides the vehicles in the other lanes already inside the intersection shows that they too had the same problem. Would this argument hold good at the trial?

    TIA, Raj

  350. Hi Jim: If you are interested in obtaining the manufacturer’s manual for the Decatur Genesis II Select Directional Police Radar In-car Moving Traffic Safety Radar System you could obtain that from the manufacturer (it would be costly because you would have to purchase the system -( see http://www.opticsplanet.net/decatur-genesis-1-police-law-enforcement-traffic-radar.html ) or you can simply request this as part of your disclosure – see http://fightyourtickets.ca/tickets/disclosure/ , if you were pulled over and issued a ticket for speeding. The Prosecutor is obliged to provide you with this, if this was the speeding measuring device or unit that the police used to measure and record the speed of your vehicle when the speeding ticket was issued. Remember to always http://fightyourtickets.ca.

  351. Hi Vija: Realistically, you will have to go to court to set a trial, if you need your fine reduced, see: http://fightyourtickets.ca/tickets/requesting-a-trial/
    You only have 15 days from the time that you received the ticket, to request a trial and you have already waited 13 days. After you receive the Notice of Trial in the mail you should immediately request disclosure, see http://fightyourtickets.ca/tickets/disclosure/ . It is surprising to see how the Prosecutor postures depending on the what the officer recorded or did not record. More often then not, depending on the officer’s notes (whether they are copious or not), the Prosecutor will lower the fine or even dismiss the charges (given the unlikely ability to recall the events on the day in question that led to the charge). In some instances, the officer who issued the ticket, does not appear and the Prosecutor withdraws the charges. In March 2008 “Parking in a Fire Route”, increased from $75.00 or $100.00 to $250.00. You don’t have alot of time to take action in this situation – request a trial, you have 250 reasons to do so. Remember to always http://fightyourtickets.ca.

  352. Dear “Admin”…I received a $250 parking ticket on Nov 11/09 for parking in a fire route…I parked in front of the Subway store in our local plaza, behind a car that was already parked there…I should have parked in a designated parking spot, but I was being lazy…when I got out of the store (which was only a few minutes later as I was their only customer), I saw the ticket under my windshield…the ticketer who had parked behind me just shrugged at me to say sorry before he drove off…if I choose to go to trial, if there any plea bargaining that can be done to reduce the cost from $250?…any other suggestions?…thanks for very much for any help you can provide…

  353. Hi Darlene:

    In reply to your questions, you start off by stating that you were given a ticket for speeding and not wearing your seatbelt. I take it that you were never issued a certificate of offence or summons or a ticket for either speeding or for failing to properly wear a seat belt; at least not yet.

    You didn’t provide alot of background information (if you believe you were actually speeding or if you were wearing a seatbelt), nor did you inform me of the circumstances surrounding this police officer speaking to you (how did he pull you over, what was he driving at the time, did he state how he came to the conclusion that you were speeding (based on radar or his odometer), did he provide you with information to suggest he was who he claimed he was (did he provide you with identification?) so it is difficult to analyze this incident accurately without all of the necessary particulars.

    Based on the information presented, here are the answers to your questions:

    1. No. You cannot and will not get into “trouble” for not answering your door. In these types of situations, there is absolutely no requirement for you to answer the door.
    2. He can’t. He must serve you in person.
    3. No. There are mandatory timelines and he has waited too long.

    Even if everything was in order (and it isn’t) and he properly personally served you with the tickets in August (and he didn’t) it would take well over 20 months for these charges to come to trial and it would be simple to establish that your rights under section 11 (b) of the Charter were infringed upon, given the unreasonable delay. Remember to always http://fightyourtickets.ca

  354. To Whom It May Concern:

    The other websites that I have searched cannot compare to yours. I used the information on your website and was able to win a ticket 3 months ago using your strategies. Thanx for all that you have already done for all of us.

    If you could spare a moment – I have to ask for your advice. I was driving on the 401 last year in June and was given a ticket for speeding and not wearing my seat belt. The guy that pulled me over was not in uniform, but he said that he was an off duty police officer, accused me of speeding and not wearing my seat belt. He said he was “pissed off” by the aggressive manner is which I drove and that he was going to issue me the tickets after he returned to duty.

    I forgot about this and then a few months ago (in August) I heard a knock at my door and looked out my basement window and saw a cruiser in the driveway and saw this same officer on my grass (I presume looking in my window to see if I was home). I didn’t go to the door because I didn’t want him to present me with his tickets.

    I have 3 different questions:

    1. Can I get into trouble for not answering my door?
    2. Why can’t he just mail these tickets to my home?
    3. Can he give me the tickets this long after the fact?

    I am asking you because the small group of people that I socialize with have all given me different answers and now I am very worried. Please help me.

  355. Hi Alex:
    First you have to request a trial by filling in a Notice of Intention to Appear (Form 7).
    Upon receiving your Notice of Trial in the mail, you will have to request full disclosure.

    If you receive disclosure and the officer shows up, then you will have to be fully prepared.

    You already have a foundation to build upon. You can go back to the scene and familarize
    yourself with the immediate vicinity surrounding the stop sign and take notes and measurements.

    You should also review the law with respect to stopping at stop signs. Here are a few decisions:
    http://www.canlii.org/en/on/oncj/doc/2005/2005oncj287/2005oncj287.html
    http://www.canlii.org/en/on/oncj/doc/2009/2009oncj8/2009oncj8.html
    http://www.canlii.org/en/nb/nbqb/doc/2007/2007nbqb349/2007nbqb349.html
    http://www.canlii.org/en/on/oncj/doc/2009/2009oncj346/2009oncj346.html

  356. Hi Ticket Fighters,

    A couple of days back I was issued a fail to stop at a stop sign in Bradford, Ontario. I know I did not stop for the “3 second rule” however, I am sure I made a complete stop, not a rolling stop. I tried to appeal to the officer to let me off the hook however, he told me that since he was set-up there to issue tickets, he could not let me off. As he was naming off the options, he told me himself that if he does not show up to trial, the ticket is dropped. He also commended me for being so polite, etc.

    What is my best way to approach this in a trial given I receive full disclosure and the officer is present? How can the officer prove beyond a reasonable doubt I did not stop? After all it was 5:35am on a poorly lit street and I drive a black vehicle!

  357. Hi Debbie: I have always believed that there is no such thing as a dumb question. If you study and learn from this site, you can do more then just make an impression in court, you can map out a winning strategy and actually win your case with certain authority.

    If both yourself and your girlfriends have been helped by this site, you may want to consider purchasing the ebook (Fight Your Tickets: A Comprehensive Guide to Traffic Tickets) @ http://fightyourtickets.ca/ebook. Remember to always http://fightyourtickets.ca.

  358. Dear Ticket Guys:
    You have helped two of my girlfriends with their tickets. I am very shy, but feel I can go in court and make an intelligent impression (at least I won’t look like a flake).

    I just want to say that you have inspired me and I know with the experience from this website and all of the people like me (Ive read all of the amazing comments and replies on your website) I can win.

  359. Hi Julia: The lack of details (in the officer’s notes) that you received in & through your disclosure request, places you in a good position for the trial.

    The fact that he described the entire event on one page and that there are two vehicles involved (one was incorrectly identified) and that he simply noted “Clocked at 141” suggests that he didn’t do a great job in his notetaking and will not have great recall when he is about to testify.Clocked at 141 gives me the impression that he paced you, but he neglected to state that his speedometer was calibrated.

    You must look at the law online that involves “pacing”. Most of the law refers to two kilometres of pacing, or in one case that I recall it was 300 metres, but the officer testified that her speedometer was calibrated – in your case it sounds like these two partners were talking and decided to pull both of the cars over. He mentions his “cruise control” was it “calibrated” was it in perfect working order?

    The lack of recall and the fact that the officer’s notes are vague and nebulous works to your advantage. Many officer’s won’t admit it, but unless the event is highly significant or there is a reason why the event stands out, their memory is contained in their notes. If his memory is vague, and yours is not (because it would represent a highly significant event in your life) then an impartial justice of the peace would be inclined to accept your evidence and prefer it over the officer’s. Remember all that you have to do is convince the justice of the peace that there is “reasonable doubt” and then the justice of the peace must rule in your favour.

    If there were two vehicles involved and he relied upon his “cruise control” to gauge your speed and measure your speed, then it looks better and better for you.

    I doubt that both yourself and the other vehicle will be scheduled for the same day (you’re presuming that the driver of the other vehicle contested his/her ticket) but I could be wrong, weirder things have happened. This won’t make much of a difference however, given that a different officer was involved in the issuance of speeding tickets.

    Prepare your questions for cross-examination in advance. You can guesstimate the answers he will give in advance, based on the record that he generated in his notes. Remember to http://fightyourtickets.ca

  360. Hi Ben: thank-you for sharing your testimonial. I am glad that your experienced reinforced the fact that knowledge is the best defence.
    It is amazing what you will yield with the necessary homework, before experiencing a trial. The website is not a year old yet, but will be soon.

    An eBook will be released soon, called “Fight Your Tickets” which contains additional information, which cannot be found on this site.

    If you want to thank this website (given that advertisements and requests for donations are not working at all) please purchase an eBook.

    I appreciate all of your support and your kind comments. Remember to always http://fightyourtickets.ca

  361. Dear Administrator: I followed all the steps on your site and on Friday, October 23, 2009 I went to court and I think I freaked out the prosecutor and the justice of the peace. As per your advice, I made sure I wrote everything down before hand (including the opening statement, the cross-examination questions for the cop) and I made 3 copies of all of the court decisions that I was going to use. I had to win this, as I require my licence for my profession and I was going to gain a lot of points, pay a huge fine and my insurance would go to a level I could not afford. I was charged with speeding (49 kms over), not having my insurance slip on me, not wearing my seat belt and (if you can believe) unnecessary noise. The lawyer that I spoke to wanted me to pay him $7,000.00 win or lose and a paralegal told me she would be reasonable and only charge $4,200 – I said “nuts” to both of them and thought I could win them on my own. I was right to pursue this on my own. I asked for disclosure and the cop only wrote down a few details. Before it started, the prosecutor tried to discourage me from having a full blown trial and even the justice of the peace told me that these were serious charges with serious consequences. When I was called up I plead not guilty and the cop took the stand. I was asked by the justice of the peace to stand up and he asked me if it was alright for the cop to use his notes. I asked if the officer had an independent recollection of the circumstances leading to the issuance of the tickets and asked if the notes were his entire memory. The cop said that he recalls a little of that night, but not everything. The justice of the peace said he could use his notes as a memory aid to refresh what memory he had. The prosecutor asked a number of questions about each ticket and every time the cop fumbled and said it was a long time ago (10 1/2 months ago). When I cross-examined him, I kept going after all of the inconsistencies in his evidence on the witness stand, under oath and eventually he admitted that he only had a “vague recollection” of all of the tickets he wrote, thought I was a “smart ass” and didn’t have nay memory at all about the unnecessary noise charge. In my summation, I kept pointing out all of the inconsistencies and told the justice of the peace that if he couldn’t remember the unnecessary noise ticket, that that alone casts doubt on all of his testimony, since all the tickets were given on the same date, same place and same time. The justice of the peace wasn’t happy but at least he said that I was able to raise a “reasonable doubt” and that he wouldn’t feel comfortable convicting on any of the counts. ALL THE CHARGES WERE THROWN OUT!!!

    Thanks to your website, I was able to win all of my tickets and knew how to assemble a decent argument. You gave me the knowledge and confidence I desperately needed to get through this very very stressful day. I wish your website was around a number of years ago, when my teenage son was pulled over and given some tickets. I think it is fair to say that you have accomplished your goal of educating someone without any legal background. Thanks again fightyourtickets, you have done a great thing.

  362. You sent me excellent info Sept. My Prosecution meeting was yesterday morning. Only to be advised to go forward with my trail. The officer stated on his presented paper that lights were flashing on the cube van.
    Very dejected; I had no proof it was his word against mine. I know you swear on the bible to tell the truth. I was telling the truth. I was very proud of myself as to what I presented in detail on the Highway Traffic Act at my prosecution meeting.
    I went back into the Office; paid my fine. Early afternnon I received a phone call from the prosecutor I had met with ealier to update me on my trial. Could not believe what I was hearing. 3 issues had come before her after I left. On reviewing her files she had called to say my trial date/offence had been withdrawn.
    I was so happy & relieved. I told her I had already paid the fine. A refund is now being processed. I thanked her for being so observant. I still could not say it all looked like a staged set-up. Once again thank you.

  363. Hello Admin,

    I wrote to you on September 26, which you have responded to. I have received the disclosure for my case and the office wrote approximately one page on his notebook about what happened.

    He started off with writing the offence number and my demographics. Then, he wrote that his cruiser in the front was passed (does not specify which lane). Clocked at 141. One passenger. Other vehicles also passed the cruiser before Volks Golf (he described this wrong, since my car is a VW Rabbit). He named the other vehicle involved that was clocked at 131 then passed him at 135, and his partner took care of that one. He also mentioned that his cruise control was set at 108.

    So, in his disclosure, he did not mention the colour of the cars (both are the same). When we passed the cruiser, the other vehicle was in front and I was in the back, but when they pulled us over, my vehicle was in the front and we were both in the right lane (when we passed them, we were in the left lane). Since his notes were so vague, I would assume that it wouldn’t be as difficult to ask questions to see what his memory serves him? Also, what are the chances of the other driver in the other vehicle to be scheduled for trial on the same day? I imagined that since it was him and his partner that pulled us over, and that trial schedules accommodate the officers’ schedule, that the trial date would be on the same day for both officers.

    Please advise.

  364. Hi Matty: You have to receive the disclosure first, but in some cases the manufacturer recommends against using radar under an underpass or under hydro lines. It all depends on what technology was being relied upon.

    If the officer is prepared to lower the speed, then the Prosecutor will generally be agreeable to lowering the speed to 15 Kilometres over the posted speed limit (to ensure that no demerit points are accumulated). This won’t happen until the date that the trial is scheduled and will happen when you are discussing your matter with the Prosecutor before the cases are heard, see plea bargaining http://fightyourtickets.ca/tickets/plea-bargaining/ ,

    Ask for the disclosure first and don’t make any decisions until you have a hold of that and have a sufficient and adequate amount of time to review it and understand it. Remember to always http://fightyourtickets.ca

  365. Hey Admin, thanks for the informative reply. I wanted to clarify that I didn’t mention anything regarding the road conditions to the officer(to which i am even more thankful for after receiving your reply) when I received the ticket. I had, however, hoped it might be a large part of a strong defence in regards to the amber light ticket. The officer correctly fined me on the ticket.
    With regards to the speeding ticket. You mentioned that the officer had indeed reduced the ticket and most likely would be willing to do so again. Would you suggest an attempt to plea bargain prior to the trial. I intend to file for disclosure, with the intention of finding out among other things what type of radar gun was used. The officer was located under an overpass and after taking a look at some of the info you’ve provided me with, have the impression that this might be an important part of my defence in this situation. Again I would like to say thank you for this incredibly informative website, and the time taken out by you to help those who like myself feel somewhat overwhelmed by the prospect of defending themselves in court.

  366. Hi Dan: Every jurisdiction is different as to the process set up for the officer making disclosure. I have observed that in most courthouses, when the defendant requests disclosure, the disclosure request is sent to the officer from the Prosecutor’s office and the officer then forwards his/her notes to the Prosecutor’s office, who then contacts the defendant to pick up the disclosure. Normally disclosure is not done at the time of the writing of the ticket,because it involves some work that the officer must perform and he/she will not normally perform that work until it is requested; especially given that most motorists that receive traffic tickets do not bother contesting them.

    It is very difficult to decipher some officer’s notes, because most of them that generate alot of tickets, end up developing their own language, that only they can interpret (doctor’s are a prime example). It is difficult to understand their scribblings, especially when they don’t offer you their decoder ring. Alot of what they write now, has more to do with the program of the software that they use for the radar, then anything else. I try to always go back to the incident and try to marry-up the scribblings with the event.

    When I see Twp and I have seen it before, it represented township. When I see 2234, I think of 22:34 hours or the 24 hour clock (military time or astronomical time) meaning 10:34 p.m. I’m not sure what Sn 03973 means.

    I have seen officers write “F” and under that “1316” and when I asked them what that meant in cross-examination, they informed me that that meant it was a Friday and the “last” ticket they wrote was at 1:16 p.m. I have seen what appears to be a poorly drawn happy face on a ticket, with what appeared to be a tear emerging from the left eye and I was told by the officer that I was cross-examining that this picture that he fashioned, was a Sun and there was light showers on that day. Unfortunately, when they start to write their own pictograms or numbers that mean something other than what you would logically think they meant, it is only when they take the witness stand, that you will be able to accurately interpret their numbers and symbols.

    I hope that both yourself and your family have a great Thanksgiving weekend. Remember to always http://fightyourtickets.ca

  367. hey admin, trust ur havin/had a good thxgivin,

    could you please tell me (if you know) when does the officer submit his notes to the prosecutor. is it at the time of submitting the ticket or is it at the time of a disclosure request.

    could you also please tell me if you know what the TWP, 2234 and HH mean in the following comments on the officers notes

    Sn 03973
    T-wP
    2234 HH T-WP

    thanks for your help

  368. Hi Matty: Yes, it doesn’t sound like you have had the best of luck lately. But I am glad that you at least demonstrated the initiative and proceeded to the courthouse to fight your amber light ticket. See Section 144 (15) of the Highway Traffic Act: go to http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#s144s15

    Amber Light

    (15) Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution.

    Section 144(5) sets out where a driver is to stop when facing a traffic light. It states:

    Where to stop – intersection

    (5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,

    (a) at the sign or roadway marking indicating where the stop is to be made;

    (b) if there is no sign or marking, immediately before entering the nearest crosswalk; or

    (c) if there is no sign, marking or crosswalk, immediately before entering the intersection.

    You indicated that you made a statement to the officer that you felt it was unsafe to stop, given the rain the night before and the rain that morning – this statement appears to be consistent with section 144 (15) above and will not hurt you. Generally though, the less said the better; motorists who attempt to conduct bargaining with the officer to avoid a ticket, will find themselves in a tough position later, when the officer takes the stand and informs the Justice of the Peace what the motorist stated upon being pulled over. Often these statements are very prejudicial to the defendant. You don’t have to take pictures of the place where you received the ticket. There are government services that provide reports about the weather (you can submit the place, the date and the time) see http://www.climate.weatheroffice.ec.gc.ca/climateData/dailydata_e.html?timeframe=2&Prov=XX&StationID=5097&Year=2009&Month=9&Day=9
    Here are a few cases that may be helpful – R. v. Reiber, 2007 ONCJ 343 @ http://www.canlii.org/en/on/oncj/doc/2007/2007oncj343/2007oncj343.html , R. v. Sandhu, 2009 ONCJ 77 @ http://www.canlii.org/en/on/oncj/doc/2009/2009oncj77/2009oncj77.html , R. v. Hamid, 2008 ONCJ 246 @ http://www.canlii.org/en/on/oncj/doc/2008/2008oncj246/2008oncj246.html .

    This ticket – Fail to Stop – Amber Light is a serious one. If you are convicted you will accumulate 3 demerit points on your record for two years with the Ministry of Transportation and 3-6 years with your insurance company. The fine associated with this ticket is $150.00, plus the $25 victim fine surcharge and the $5 court fee for a total payable fine of $180, see http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/

    With regard to the second matter, the speeding charge. Yes, the officer can pull over two vehicles at once and can ask you to come to the cruiser. The officer already reduced the charge and will most likely be prepared to do so again at the trial. he told you to fight it and I agree. Fill out a Notice of Intention to Appear form (Form 7) and schedule a date. Upon receiving your Notice of Trial in the mail, apply for Disclosure (this also applies to the Amber Light charge). See the following pages on this site: Notice of Trial @ http://fightyourtickets.ca/tickets/notice-of-trial/ , Disclosure @ http://fightyourtickets.ca/tickets/disclosure/ and Prior to the Trial @ http://fightyourtickets.ca/tickets/prior-to-the-trial/ , this should be a good start. Remember to always http://fightyourtickets.ca

  369. Hello Admin, its been a rough couple of weeks. I was nailed for failing to stop at a amber light on the 26th of september and on my way to the court house yesterday to file a request for trial I was pulled over for speeding (90 km/h in a 70 zone). I have a couple questions that I hope you might be able to help me with. First, the amber light. I wanted to know if you think making the statement that I felt it was unsafe to stop given the heavy rain the night befor, which continued into the early morning. The ground was still wet when I was pulled over though I didn’t think to take a picture. The speed limit on the street was 40 km/h. I thought about trying to find a weather report for that day. Also, the speeding ticket. I was moving to fast, the officer told me I was doing 95 but the ticket says 90 and there is an R on the ticket which I assume means reduced. The officer told me that it was in my best interests to fight the ticket. My question refers to the fact that a van which was behind me was pulled over by the same officer at the same time. Are they allowed to pull over two cars at once? Another thing, I was asked to leave my car and go to the officers car in three minutes to receive my ticket, is he allowed to request that I leave my car to walk to his while on the side of the road? The amber light occured on Coxwell and the speeding ticket was on black creek. What are my chances of fighting and winning? Thanks for your time and I very much would be greatful for any info you can give me.

  370. Thanks again for the reply. What I ment with all the talk about how he treated me is, that in most cases they do ask you and you admit guilt, where he didn’t say a thing. Which might benifit me. Like I mentioned there is probably a 3-4 km gap between signs, and if I missed the last 60 sign, It could infact be considered a 80km zone, as it it not built up and only one house around the area. I know the law system is Dispassionate, and thats fine, but when you beleve its a 80km zone and your doing 90 they wouldn’t bat a eye at you. As the other officer not writing my ticket let 4 car go by doing 10-15km over while he was explaing the use of the radar and how he could guess the speed (he wasn’t very accurate). and to his suprise they were driving quite fast.

  371. Hi Clint: Every case is different and every particular case has its own particular set of circumstances. The reason I laid it on the line with you, was to ensure that you had an understanding of what you are potentially up against, given that what you were writing suggested that you felt that “he didn’t treat me fairly or even attempt to lower the speed” and given that you thought that absent that consideration, the courts would weigh this fact in your favour. You don’t have to take it in the chops, you’re not screwed. I tried to emphasize that the system that you now reluctantly find yourself in, does not think, what you think, is very important and does not stress fairness (as a general rule). The law is dispassionate and those who actively participate in it, maintain a distance, which is not always human friendly and sometimes extremely offensive.

    Begin by filing a Notice of Intention to Appear see: http://fightyourtickets.ca/tickets/requesting-a-trial/ This is the first step. If you are looking for a fast, easy resolution to this speeding ticket, it won’t happen; but if you begin to prepare you can actually win this matter before the courts.

    Remember to always http://fightyourtickets.ca

  372. Wow, After reading all the comments and how and what they can do, it seems I am the only one where your like “well buddy. your screwed” Ha ha. Because I have no case, I just need to just take it in the chops? This sucks for sure!

  373. Hi Clint: The officer is not obliged to ask you if you thought you were speeding or how fast did you think you were going or why are you in a rush. The officer does not have to be nice to you, as long as he does his job professionally and administers the law in a fair and consistent manner.
    In his mind he knew how fast you were speeding, whether or not you knew how fast you were going. The officer doesn’t have to be lenient or use his discretion. If he nailed you for speeding, then it is his duty (in his mind) to issue you with a speeding ticket that accurately reflected the speed you were travelling in your motor vehicle. There is no need or requirement for the officer to negotiate with you or give you a fair shake and lower the speed because it is your first ticket. The law is not about fairness – and if you believe that, then your in for a rude wake-up call.

    If you think the human component was missing in your interaction with this officer that was managing a speed trap, then you’ll be shocked at the response you receive when you walk into traffic court to fight your speeding ticket or when you attempt to negotiate a plea bargain with the Prosecutor. Both of these experiences will provide a lesson in condescension and legal speak that is designed to dissuade anyone from fighting tickets. Wait until the Prosecutor dismisses your concerns and provides you with flippant answers and rude behaviour (not all of them, but a few). Wait until a Justice of the Peace begins to yell at you in an attempt to erode your confidence and dismiss your questions and thoughts (not all of them, but a few).

    This system is not designed to be fair and quite often is quite the opposite. But if you take the time to learn about the system, and acquire knowledge about it, then you’ll be in a position to know what you can or cannot do and will be able to walk into a trial with a winning strategy.

    More often than not, the Prosecutor will not lower the speed or make a deal, unless the officer who generated the ticket is in agreement. Do you think that the officer who pulled you over and asked for your driver’s licence, registration and insurance and issued you a ticket and let you get on your way (to nail the next speeder ensnarled in his radar trap) is likely to want to reduce the speed and give you a break? I certainly doubt that this type of character would want to be charitable with you at the trial, if he refused to even explore the possibility at the road side radar trap.

    I have heard Prosecutors arguing with officers to be more reasonable and agree to reduce the speed or the severity of the charge and these officers have adamantly disagreed and the Prosecutor prosecutes to the full extent of the charges before him or her.

    I don’t believe that the Prosecutor will agree to plea bargain the speed from 91 km/h in a 60 km/h zone down to 75 km/h in a 60 km/h zone (given the attitude of the officer involved in your particular circumstance). My experience tells me in this case that you will have to fight your speeding ticket in order to achieve your objective. The fact that you have no “other tickets to your name” only becomes crucial if you are convicted.

    Remember that speeding is an absolute liability offence, which means that they only have to prove you were speeding and a conviction will be registered against you – irrespective of the reason why you were speeding.

    You have to start by requesting a Notice of Intention to Appear (a request for trial – as I stated in my earlier response). Remember to always http://fightyourtickets.ca

  374. Thanks for the reply, I have done the five “W’s” off the top of my head is that 1.) it was about two km’s from the last posted speed sign, and being in a non-built up area (the country), the assumed Speed would be 80km. as per section 128 of the Hwy traffic act??? Now do you think its possible to have the pre-trial with the Prosecutor and have the points taken away and perhaps plead guilty to a much lesser offense? as I have no other tickets to my name. I don’t know I am just trying to think of what I can do?.. The officer didn’t ask me if i was speeding, or ask how fast do i think i was going etc. he just said “you were doing 93. license registration”. gave me the ticket and I was on my way within 4 min.

  375. Hi Clint: I am surprised the officer even offered to show you the radar reading, given that it is not required by law. He didn’t have to show you.

    This is a heavy ticket, inasfar as economic consequences (short term – the payment of the ticket and the time and resources to deal with it and long term – the potential increase of your insurance premiums, once it is discovered by the private insurance company that provides you with automobile insurance.
    You are going to have to invest some time in doing research into this issue. Begin by reviewing the back of the ticket you were provided and it should inform you as to where you will have to go, if you want to plead “not guilty”. You will have to fill out a Form 7 or Notice of Intention to Appear form:

    At trial I intend to challenge the evidence of the provincial offences officer who completed
    The Certificate of Offence or Certificate of Parking Infraction ___ No/Non _X_ Yes/Oui
    Always check YES on this question, or the Officer will not be expected to show up (and if he doesn’t, this will most likely mean that the Prosecutor will drop the speeding charge against you) and his notes will be entered in and can not be cross-examined by yourself.

    In order to under this process, go to the following page on this site: http://fightyourtickets.ca/tickets/requesting-a-trial/

    You will then have to wait for your Notice of Trial (see http://fightyourtickets.ca/tickets/notice-of-trial/ ) in the mail, when you receive this, the next step will be to request Disclosure, see http://fightyourtickets.ca/tickets/disclosure/

    I think that that is enough for now. You said that you received a speeding ticket, where you are alleged to have travelled 93 km/h on a country road where the posted speed limit is 60 km/h. Section 128 (14) (c) of the Ontario Highway Traffic Act, states that if you are travelling 30 km/h over the speed limit, that you will be subjected to a fine of $7 per kilometre that you travelled over established speed limit in that zone (ie- 60 km/h). This means that if you multiply 31 kilometres X $7 you should have a fine of $217.00. Add to that a court fee of $5, the total would be $222.00. On top of that is the victim fine surcharge. Is this case, given that the fine exceeds $200.00 of the Fine Range Surcharge ($201 – 250 = $ 50) means that you would have to add this $50.00 surcharge on top of the fine and court fee, which is a total payable amount of $272.00. It appears that the officer made an error in his calculations. See http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/

    This is a serious charge and upon conviction, would mean that you would accumulate four (4) demerit points and the speeding conviction would remain on your driving record with the Ministry of Transportation for two (2) years from the date that you were charged with speeding.

    Given that matter will take a while to get to the courts, it would be in your best interest to sit down with pen and paper or a computer and write down everything that you recall surrounding the ticket. The 5 W’s – who, what, when, when, why? What was the day of the week, what were the weather conditions, what were the road conditions, why were you driving on that road on that day, was anyone else in your vehicle who could serve as a witness later on, how fast were you travelling on this road, did you observe your speedometer, what time was it when you were pulled over, what kind of car did the officer have, what was the officer wearing, what were you wearing and/or your passenger(s), write down the entire conversation that you had with the officer, did you attempt to “talk your way” out of the ticket, what did the officer say, what did you or your witness say, do you have any prior record for “speeding”, have you accumulated demerit points on your driving record in the past? Write down everything now, while it is still fresh in your mind. This could be crucial later in your trial, if it has to go that far.

    I think that this is a good start. Remember to always http://fightyourtickets.ca

  376. Hey there admin, great Site, so helpful!!!

    I am wondering if you can guide me in the right direction.

    Scenario: 93km in a 60km zone in the country middle of nowhere, all of a sudden there is a man guiding me into this drive way tells me i was going 93, shows me the radar reading. No saying I’m going to reduce it, just “BAM” in under 3 min ticket in had $265. Now I want to fight it, but I am not sure what to say. I was speeding!?! I just want to lower it and reduce the demerit points. If I go to the JP, can i just ask for it to be lowered because I am broke? What can I do? the best course of action!

    Thanks Clint.

  377. Hi Chris: Thank you for your kind comments. This site was designed to do what you have done.

    The site has been up for a year and I have only had one (1) donation of $10.00 to date.

    Unfortunately the advertisements have not generated any monies to date and I am considering
    removing them, given that they are a distraction and were put up to offset the lack of
    donations. It takes funds and alot of work, to maintain and keep the site up-to-date, interesting
    and revelant.

    If those who are helped or assisted by the site cannot contribute anything, then I will have to
    consider whether requests for donations is futile and the future of the site will be in question.

    Thank-you.

  378. Hi Dan: Good work, you now have an idea of the case that you will have to make. You already have the Hawkins case and there are others where this type of speed measuring device was used ( see the Winlow case in http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/ ). Read all the cases that I sent to you earlier with regard to speeding and the burden (strict requirements on the Prosecutor to prove all the essential elements of a speeding charge beyond a reasonable doubt) on the Prosecutor (with the officer on the stand).

    It is important to know what you are up against and it is extremely helpful to do some research, especially on the electronic speed measuring device that will be heavily relied to convict you. In this case the Genesis VPD was utilized to capture the speed that you were allegedly moving in your motor vehicle. Here is some further information with respect to that unit used: http://www.opticsplanet.net/decatur-genesis-vp-directional-police-radar-gun.html

    Specifications for Decatur Genesis-VP Directional Radar Gun GVP-D – Police Radar Gun:

    Decatur Genesis VersaPak Directional – Direction Sensing Speed Radar Gun:

    * When Decatur Genesis-VP Directional Radar Gun is in “directional” mode, vehicles moving toward you are indicated with a “t,” vehicles moving away from you with an “A”.

    * Directionality dramatically enhances the target selection process. If Decatur Police Radar GVP-D is set to “towards” mode, it will only track vehicles coming towards the radar. Decatur Genesis Versa Pak Directional Radar Gun isolates traffic in one direction. All vehicles going “away” are ignored!!

    * In heavy traffic situations, the operator can choose to make traffic moving in one direction “invisible” to Decatur Genesis VP Handheld Radar, thereby concentrating on the most problematic lane.

    * In other radars, “same direction” capability is added to the software to give the operator capability to read traffic moving in either direction while in moving mode.Decatur GVP Directional Radar Gun gives the operator the option to easily select and focus on vehicles going away from or coming toward him/her from a single, stationary patrol position.

    * The faster target feature is included and may be used simultaneously with directionality. Decatur Genesis VersaPak Directional Law Enforcement Radar Gun will identify the strongest target, and the next strongest target which is also going faster than the original target.

    Become familiar with the tests that the officer should have performed (based on the manufacturer’s recommendations/specifications and caselaw) in your matter and if he did not, that is enough to raise reasonable doubt. Make sure you do alot of research on the Genesis VPD. It helps if you know more about it than the officer who operates it.

    Here is a Proposed policing budget for the Municipality of Leamington’s OPP for 2009 in which the Genesis VPD is listed at the cost of $1,800.00 at http://www.leamington.ca/municipal/documents/LeamingtonContractPolicingProposal.pdf.

    Once you know enough about this machine and the processes that are supposed to be followed, you can begin to tailor your cross-examination questions accordingly. Read the law and you can utilize the same line of questioning in the successful cases and develop some of your own simultaneously.

    Remember to http://fightyourtickets.ca

  379. To the Administrator

    I have been going to your website since I discovered it in January. My friends wouldn’t believe me when I told them that such a website is actually in existence, when I told them it was free with no strings attached. The posts and the pages that you have shared have assisted me in winning a major speeding ticket and helped one of my friends win a careless driving charge with your Application for Stay of Proceeding page (16 months).

    My supervisor at work heard that I was good at beating tickets and when I told her that I wouldn’t have known where to start, without your website, she asked me if I had thanked you. I realized that I had not thanked you or even acknowledged you for all the great work and abundance of helpful and informed information.

    Thank you for your generosity and all of your hard work. I hope that you receive many donations and that the advertisements on your website contribute to many more years of your great website. I will say that I have looked at most Canadian .ca websites and there is no one that even compares to you. Your website is in a league of its’ own. I hope that everyone that you help ends up thanking you in some way.

  380. admin would you also be able to take down the info i provided you in my earlier comment once you have read it and this request. ive only put it up because there is no other means of communicating with you. thanks for your help

  381. Hi Admin..thanks for your attention yet again…

    the disclosure came real quick (3 business days since the request) – i have converted to the best of my ability the text of the ticket into type

    i was also sent via scan 2 pages of:
    Genesis VPD – users Manual – 6.Testing the device (6.1, 6.2, 6.3, 6.4[1,2,3,4])

    Below is the officer notes details-

    50 Parr H/H Gen VP
    Dir OPP 05-040
    Sn 03973 T-WP 2234 –
    2347
    W:light rain, R:wet
    T:cool
    Obs N/B into InI
    LMV N of Parr –
    Reading 88/50 c 88/60
    T/s – sat Though 80
    R/c
    IAQ
    Red 75/60

    ==== next page=====
    1832 HM Gen VP Dir
    Decatur OPP # 05-040
    Sn 03973
    T-wP

    ====next page====
    2234 HH T-WP
    2332 ponds 95179048
    Speed 88/60 -> 75/60
    2347 HH T-wP

    xxxxx==xxxxx

    Please tell me if you need any more details to make an observation
    http://www.canlii.org/en/on/oncj/doc/2009/2009oncj101/2009oncj101.html
    item 12 of the above case (sent by you) were the printed text of the operation manual sent to me

    Thanks so much for any help you can provide me

    Dan

  382. Hi Dan: We aren’t sure if it was pacing, as you have not received disclosure yet. Here is some other law on speeding and the responsibility of the officer who is measuring your speed (before the ticket is issued):

    Radar and Radar Operators:

    R. v. Hawkins, 2009 ONCJ 101 at http://www.canlii.org/en/on/oncj/doc/2009/2009oncj101/2009oncj101.html
    I find that the requirements of the Tracking History were not properly followed. Therefore, the tests required by Bigioni, Vancrey and Martin were not met.

    R. v. Martin
    , 2008 ONCJ 217 see http://www.canlii.org/en/on/oncj/doc/2008/2008oncj217/2008oncj217.html Officer must make notes as to when the tests on the radar unit were made (in this case based on independent recollection – to which the officer testifying had none)

    R. v. Schlesinger, 2007 ONCJ 266 (CanLII) — 2007-05-04 see http://www.canlii.org/en/on/oncj/doc/2007/2007oncj266/2007oncj266.html
    The standards that would satisfy this court are:
    a) Evidence that the laser tests had been done by a qualified officer according to the manufacturer’s specifications and that the device passed the tests and
    b) Evidence of a specific time when the tests were done both before and after a speed enforcement stop .
    No time was provided in Officer Brazier’s testimony for his testing of the laser device prior to the stop of Mr Schlesinger.
    However, I must consider the Supreme Court of Canada’s decision in R v Morin [1988] SCJ No 80, as it is directly on point. Sopinka J considered the standard of proof that is required for evidence. At paragraph 40, he held:
    “…during the process of deliberation the jury or other trier of fact must consider the evidence as a whole and determine whether guilt is established by the prosecution beyond a reasonable doubt. This of necessity requires that each element of the offence or issue be proved beyond a reasonable doubt.”

    Puncher: http://www.canlii.org/en/on/oncj/doc/2007/2007oncj274/2007oncj274.html

    Martin: http://www.canlii.org/en/on/oncj/doc/2008/2008oncj217/2008oncj217.html

    Hawkins: http://www.canlii.org/en/on/oncj/doc/2009/2009oncj101/2009oncj101.html

    A.K.: http://www.canlii.org/en/ab/abqb/doc/2004/2004abqb875/2004abqb875.html

    I am not sure the generic form for disclosure is sufficient. If you just fill this form out, you will only receive a copy of the officers notes and nothing else. When requesting disclosure, specficity is extremely important. If you want the manual for the laser radar used, you have to request that. If you want the officer to produce something stating that his odometer was in good working order, you have to request that.

    Here is some law on disclosure:

    R. v. Robichaud, 2008 NSPC 51
    http://www.canlii.org/en/ns/nspc/doc/2008/2008nspc51/2008nspc51.html

    R. v. Bourget, 2007 NWTTC 13 File: T-01-CR-2007000630:
    http://www.canlii.org/en/nt/nttc/doc/2007/2007nwttc13/2007nwttc13.html

    R. v. Wheeler, 2007 CanLII 14854
    http://www.canlii.org/en/nl/nlpc/doc/2007/2007canlii14854/2007canlii14854.html

    Remember to always http://fightyourtickets.ca

  383. Hi Jonathon: In an effort to process the parking tickets motorists received in 2008 the City of Toronto, as of July 2009 has added five (5) more court rooms to the twenty four (24) court rooms already being utilized and as a result, the new court rooms are having all of parking tickets scheduled for trial. This means that the City is now committed to hearing all $ 30.00 parking tickets. See story at http://www.thestar.com/gta/fixer/article/675698

    A post was written on it with respect to one new Ontario Court of Justice Courthouse the City opened at 70 Centre Avenue. There are four (4) courthouses in this renovated building (the structure used to house Legal Aid) but the offices are not staffed by anyone and there are large holes still in the walls of these offices, but there are not any people. This courthouse only processes trials for parking infractions, GO Train tickets and T.T.C tickets. See post at http://fightyourtickets.ca/70-centre-avenue-toronto-new-ontario-court-of-justice-4871/ . Remember to always http://fightyourtickets.ca

  384. thanks yet again admin,

    are there any other cases of pacing that your could point me to. i believe that 2 separate attempts of pacing in rainy conditions where i stopped at 2 red lights were made.
    the officer reached me before the second set of lights turned green which was red in excess of 20 seconds. he then turned his lights on just before the light turned green and i promptly indicated n moved to the right.

    please also comment on my previous question of:
    i filled out a generic form for a disclosure. can i ask for an adjournment on the day of the trial if they did not send me the manual and if the officer is present?
    if he isnt present of course i will not raise any objection.

    i really appreciate the time you are devoting to find information and relay the same to me. you are indeed “a good Samaritan” in every sense of the word.

    thanks

  385. Parking tickets:

    Dear Admin

    I just heard from a friend that has been disputing his $30 parking tickets since 2004 that he has been getting court dates for the tickets he disputed in 2008.

    I haven’t gotten any notices of trial yet – aside from stay of proceedings is there anything else i could do?

  386. Hi Dan: Normally, when an officer issues a ticket, in which he/she “paced” another motor vehicle, the officer must pace the vehicle over a fixed distance, over a fixed passage of time.
    Here are a few cases that you should review in this regard:
    R. v. Budisantoso, 2005 ONCJ 458 http://www.canlii.org/en/on/oncj/doc/2005/2005oncj458/2005oncj458.html
    R. v. Lubjenka, 2005 CanLII 8713 (ON S.C.) http://www.canlii.org/en/on/onsc/doc/2005/2005canlii8713/2005canlii8713.html
    R. v. Crompton, 2007 CanLII 27021 (ON S.C.) http://www.canlii.org/en/on/onsc/doc/2007/2007canlii27021/2007canlii27021.html
    R. v. Vanier, 2005 ONCJ 318 http://www.canlii.org/en/on/oncj/doc/2005/2005oncj318/2005oncj318.html

    This should get you started. Remember to always http://fightyourtickets.ca

  387. thanks a lot admin..again.
    i will be back for your opinion once i get the disclosure.
    the total distance from point a (reference on the ticket) to point b (red traffic light which i stopped) is 0.79 km and then to point c (another traffic light where i stopped and where he turned on his lights) is 0.47 kms.

    if in fact he was pacing me, are these distances long enough for pacing requirements.

    to my advantage even though it was 11:30 at night, there was a lot of traffic on the road and at the lights, there was traffic in all 3 lanes in both direction. he could’ve easily mistaken me for another vehicle given that it was so difficult to see through the rain.

    i hope i will be able to put together a good case to get this ticket thrown out.

    i filled out a generic form for a disclosure. can i ask for an adjournment on the day of the trial if they did not send me the manual and if the officer is present?
    if he isnt present of course i will not raise any objection.

    thanks again and my apologies for taking up so much of your time

  388. Hi Dan: The reason the Prosecutor mentioned that it was a “reduced” ticket is that she has been provided with the file related to the charge and is aware of what the officer would say if the officer took the stand. The other reason she mentioned it, is to ensure that you are not surprised by the actions of the Prosecutor and so that you can’t scream foul and request another adjournment. In this case, all that has to happen is that the Prosecutor places the officer on the witness stand and when the officer provides evidence that he/she lowered the actual speed you were doing to the final speed placed on the speeding ticket, the Prosecutor will immediately request that the Justice of the Peace amend the speed on the ticket to the higher speed which the officer gave evidence to on the witness stand. In alot of cases, the Justice of the Peace will accomodate the request of the Prosecutor and grant the amendment and will “amend up” the speed on the speeding ticket.

    There is a post on this site with respect to this reality, see: http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/ . The Ontario Court of Appeal ruled on this on September 10, 2009 in a case called York (Regional Municipality) v. Winlow 2009 ONCA 643. You should read the actual decision of Robert Winlow see http://www.ontariocourts.on.ca/decisions/2009/september/2009ONCA0643.htm. Don’t let the Prosecutor intimidate you with this legal manevour. You will not know the test to meet or where the yardstick is until you receive full disclosure. It is only at that point when you will be in a position to ascertain the facts, analyze the evidence and create or build a solid defence. Wait until you receive full disclosure which is your constitutional right.

  389. hi again admin. your patience and promptness in answering my question/s is amazing.

    i did go into court today and request an adjournment since i was waiting for a disclosure. the crown pointed that i was late in requesting one. i said this was my first ticket and did not know better. my adjournment was granted to dec 09 2009.
    the crown made a mention that the office mentioned it was a reduced ticket and if i go to trial she would prosecute me on the actual speed. i dont remember the speed the officer said i was traveling at
    she mentioned the disclosure will reach me in 4 to 6 weeks (which i realize now) would work out to mid november.
    how should i go about this.
    thanks a lot

  390. Hi Dan: The reason we ask for disclosure is too ensure that we are fully aware of what the witness will testify to, based on his or her notes
    taken at the time of the alleged incident.
    You want to know how this officer came about drawing the conclusion that you were speeding. Did he “pace” you, did he measure
    your speed using a speed measuring device (laser radar unit?)?
    If he used pacing, how long did he follow you – was it a kilometres or a couple of kilometres? Did you lose sight of your vehicle at any
    time? What were the weather conditions that prevailed, if it rained, was there any fog?
    What speed measuring device did he use to determine that you were speeding? Is he a trained operator, did he perform all the tests
    recommended by the manufacturer? Did he test the device before he pulled you over and after he pulled you over?
    As part of your disclosure request, you should request any notes or notations he made with respect to the alleged incident you were
    charged with. You should request to know the make, model and manufacturer of the device he used to measure your speed. You should
    also request a copy of the operator’s manual for this speed measuring device, in order to review what the manufacturer’s recommendations
    are with respect to “testing” the radar (or lidar) unit to ensure its accuracy and reliability. There is some helpful caselaw on these issues, go to
    CanLII to look for it. Remember to always http://fightyourtickets.ca

  391. Hi Admin,

    Thanks a lot for your advice. i went into court a week in advance to view proceedings and was advised to get a disclosure and a “motion for adjournment”since it will take time to get that disclosure. i am going into court tomorrow to ask for this adjournment. I’ve had no prior tickets/points so i believe i can plead being unaware of the procedure and my right for a free trial. I witnessed this the day i went in and it seems to be a rather straightforward request. the judge of course will say that this is wasting the courts time but has to grant you this since it is ones right.
    i was hoping however that you would have some good news for me on the grounds that the officer made an error on the ticket. after going through a couple of websites i believe that if it goes to trial i will use the following to win my case. please point out if i am going about anything the wrong way
    1. play on the ability of the officer to make mistakes
    2. play on the fact that there were cars going past me on the right lane
    3. that due to the rain he could have made an error in pulling up the right car
    4. waiting for at least a km before he stopped me given that there were 2 traffic lights (red) which i had to stop at before he finally turned on his lights
    5. on the fact that it was dark and the area is not well illuminated at all.

    could you please also inform me (if possible) what am i looking for in the disclosure when i get it and if i need to request a further disclosure should information be missing/omitted.

    thanks a ton for your help thus far and for any future help you are able to give me

  392. Hi Dan: I have incorporated both of your emails into this email, so that I can provide one answer, versus two answers.

    Preparation is the key to a successful trial and without it, you’re left grasping and having to cross your fingers. This is alittle last minute, but to be fair you just located the site and wouldn’t know any different.

    It sounds like you have already started building a defence by taking pictures and generating reports from Environment Canada; this is a good start.

    Normally I would recommend that you request full disclosure at: http://fightyourtickets.ca/tickets/disclosure/ . If you have disclosure prior to the trial you can look for all of the inconsistencies or lack of details, which can assist you in your cross-examination of the Officer who issued you the ticket that you are contesting. If there are not alot of details, then chances are that the Officer will not remember specifics, which will mean that you will have a good chance at chipping away at the ticket, through artful cross-examination.

    It is good to revisit the area and just make sure that the stretch of road or highway that you were pulled over on, was in fact a 60 km/h zone, versus a 50 km/h zone. Depending on what the officer recalls, he may not even recall that it was raining at the time of the alleged incident. You would definitely be wise to look at his notes. If you were travelling 75 kilometres an hour in a 60 kilometre per hour zone, then you will not accumulate demerit points; however, if you were travelling 75 kilometres an hour in a 50 kilometre zone, then you would accumulate 3 demerit points upon conviction and a fine of $112.50 ($4.50 X 25 kilometres) + $5.00 court fee and a $25.00 victim fine surcharge = total payable $ 142.50. See http://fightyourtickets.ca/law/demerit-pointsset-finescourt-feesvictim-fine-surcharges/

    You would benefit by reviewing: http://fightyourtickets.ca/tickets/prior-to-the-trial/ , http://fightyourtickets.ca/tickets/the-players/ , http://fightyourtickets.ca/tickets/plea-bargaining/ , http://fightyourtickets.ca/tickets/the-trial/ prior to the the trial.

    Speeding, under section 128 of the Highway Traffic Act is an absolute liability offence. This means that the Prosecutor, who prosecutes your case will simply have to establish that you were speeding and that will be enough for a conviction. But in order for the Prosecutor to be successful, he/she has to establish beyond a reasonable doubt that you were speeding. The only evidence that the Prosecutor will rely upon in your trial is that of the Officer who was responsible for making the decision to generate a ticket and to issue it to you.

    The Officer must state the following (in cases where speeding tickets are issued), in order to assist the Prosecutor in convicting you:

    1. That they are qualified “laser radar” operators (called “speed measurement devices or units”) and are trained to use the radar
    2. That they tested the radar unit, prior to pulling you over and after pulling you over (in accordance with the manufacturer’s recommendations)
    3. That they never lost sight of your motor vehicle (was there rain or fog?) from the moment they saw your motor vehicle
    4. They will have to establish the actual posted speed limit in the area in which you received your speeding ticket.

    Often they will recite a conversation that they engaged you in. Example “Why are you in such a hurry”? or “Do you know how fast you were travelling”?
    “Do you know what the speed limit is Sir”? These questions are designed to elicit an answer that will prejudice you at trial, given that most motorists will
    try to co-operate and/or pacify the Officer by going along with them. What most motorists don’t know is that after they have been provided with the ticket, or during the time they are waiting for the speeding ticket, the Officer is writing notes in his/her notebook and that that same conversation will later be relied upon by the Officer during the trial. During the time that you actual receive the ticket, ensure that you will not stand out in anyway – as this means that the Officer will probably not remember you from all the others that have also received tickets from him or her.

    – When they get on the stand, they have to qualify their notes and will want to use their notes to “refresh” their memory. Be careful though, they
    should have some independent recollection and make sure that their notes are not their entire memories.
    – On the stand they will say that that they made the notes at the time (establishing that their notes are contemporaneous) and that the notes not been
    changed or modified in anyway, since they were originally written.

    Will the Officer remember details in the same way that you will? Probably not. It is a big deal in your life, but not the Officer. It could well be that by the time that your trial is underway, that that Officer has written hundreds of tickets. Why would you case stick out in the Officer’s mind? In this regard, you have the advantage as you can remember the entire event like it was yesterday (unless a significant passage of time has transpired).

    I think that this bears repeating, given its importance. The Officer, who operated the laser unit will have to testify. Pay special attention to the method by which he/she tested the laser gun and if he again tested it at the end of his shift.

    The Prosecutor, must prove these essential elements of his/her case, through the Officer that issued the ticket:
    The speed limit where the offence took place
    That the Officer was trained in the use of the device
    The device was used as per manufactures requirements
    That the officer tested the unit before the arrest and after the arrest
    That there was no outside interference that could have caused a error at the location of use
    That your car was the one that the laser indicated was causing the speed reading

    Become familiar with the Law:
    If it was raining out or there was fog, sometimes the officer loses sight of your vehicle while pacing you (ie. fog) and this can lead to a reasonable doubt see the following court decision at http://www.canlii.org/en/on/oncj/doc/2005/2005oncj458/2005oncj458.html .
    Here are some other court decisions involving pacing: http://www.canlii.org/en/on/oncj/doc/2008/2008oncj765/2008oncj765.html , http://www.canlii.org/en/on/oncj/doc/2005/2005oncj458/2005oncj458.html

    I hope that his helps on short notice. Remember to always http://fightyourtickets.ca

  393. Hi BE: The chances of success are high. But remember, this ticket relates to your wife’s rights under section 11(b) of the Charter and not yours. It sounds like the Justice of the Peace that heard your matter is now presiding over your wife’s trial and he has carriage of the matter and will certainly be hearing this on the next date. Whether he appeared upset or not, he provided you with an adjournment to file your Application for Stay of Proceedings (which he was not obliged to do) and apparently you have now filed this motion.

    The primary purpose of s. 11(b) is the protection of the individual rights of accused (in this particular case, your wife’s rights). The individual rights which the section seeks to protect are: (1) the right to security of the person, (2) the right to liberty, and (3) the right to a fair trial.

    You must now get prepared to defend your wife’s interests and rights under the Charter by reviewing the essential elements of a section 11(b) argument.

    You must read and understand two Supreme Court decisions:
    Askov and Morin, which speak to our rights under section 11(b) of the Charter and the consequences of having those rights breached (remedy- Stay of Proceeding pursuant to section 24(1) of the Charter).

    Askov: http://www.canlii.org/en/ca/scc/doc/1990/1990canlii45/1990canlii45.html

    Morin: http://www.canlii.org/en/ca/scc/doc/1992/1992canlii89/1992canlii89.html

    In Askov, where the Supreme Court struggled with this question, the following criteria emerged:

    From the foregoing review it is possible I think to give a brief summary of all the factors which should be taken into account in considering whether the length of the delay of a trial has been unreasonable.

    (i) The Length of the Delay.

    The longer the delay, the more difficult it should be for a court to excuse it. Very lengthy delays may be such that they cannot be justified for any reason.

    (ii) Explanation for the Delay.

    (a) Delays Attributable to the Crown.

    Delays attributable to the action of the Crown or officers of the Crown will weigh in favour of the accused. The cases of Rahey and Smith provide examples of such delays.

    Complex cases which require longer time for preparation, a greater expenditure of resources by Crown officers, and the longer use of institutional facilities will justify delays longer than those acceptable in simple cases.

    (b) Systemic or Institutional Delays.

    Delays occasioned by inadequate resources must weigh against the Crown. Institutional delays should be considered in light of the comparative test referred to earlier. The burden of justifying inadequate resources resulting in systemic delays will always fall upon the Crown. There may be a transitional period to allow for a temporary period of lenient treatment of systemic delay.

    (c) Delays Attributable to the Accused.

    Certain actions of the accused will justify delays. For example, a request for adjournment or delays to retain different counsel.

    There may as well be instances where it can be demonstrated by the Crown that the actions of the accused were undertaken for the purposes of delaying the trial.

    (iii) Waiver.

    If the accused waives his rights by consenting to or concurring in a delay, this must be taken into account. However, for a waiver to be valid it must be informed, unequivocal and freely given. The burden of showing that a waiver should be inferred falls upon the Crown. An example of a waiver or concurrence that could be inferred is the consent by counsel for the accused to a fixed date for trial.

    (iv) Prejudice to the Accused.

    There is a general, and in the case of very long delays an often virtually irrebuttable presumption of prejudice to the accused resulting from the passage of time. Where the Crown can demonstrate that there was no prejudice to the accused flowing from a delay, then such proof may serve to excuse the delay. It is also open to the accused to call evidence to demonstrate actual prejudice to strengthen his position that he has been prejudiced as a result of the delay.

    From the Morin decision, which defines the Askov decision and is considered the leading or seminal case with respect to section 11 (b), which sets out a guideline for a length of time for trial (8-10 months) in addition to this period, the courts allow for an “intake period”, which can be a month or two, depending on how busy that particular area is. That brings the timeline up to a year (12 months) in some busy court jurisdictions. Here is an excerpt from that decision:

    (iv)Prejudice to the Accused.

    There is a general, and in the case of very long delays an often virtually irrebuttable presumption of prejudice to the accused resulting from the passage of time. Where the Crown can demonstrate that there was no prejudice to the accused flowing from a delay, then such proof may serve to excuse the delay. It is also open to the accused to call evidence to demonstrate actual prejudice to strengthen his position that he has been prejudiced as a result of the delay.

    I believe that the factors that I have set out in large measure are substantially the same as those enunciated by L’Heureux-Dubé J. in Conway and Sopinka J. in Smith. The aim of this test is to provide a method based upon the underlying purposes of s. 11(b) which will permit courts to balance the applicable substantive factors in a consistent manner. It bears repeating that the balance between the explicit, individual protection and the implicit, societal aspect of s. 11(b) is addressed by placing the onus on the Crown to demonstrate that any action of the accused deliberately caused the delay or constituted waiver, or that the delay caused no prejudice to the accused. [Emphasis added.]

    Although the guideline speaks to 8-10 months, courts will add the “intake period” and this provides another month or two is busy area’s. In the case that you describe it is 13 months, which is sufficient on the face. In fact, the Justice of the Peace confirmed this indirectly, by granting the adjournment to allow you to file the Application for Stay of Proceedings.

    In your particular case, the arraignment will take place (your wife’s charges will be read out in the court and she will be asked to plead guilty or not guilty to the charges). You will have to stand and say “before Ms. ? submits a plea, there is a preliminary matter which must be dealt with, before we get into the merits of the case and that is an Application for Stay of Proceedings”. The Justice of the Peace will say “proceed” and because you are advancing this motion, the obligation/burden is on you to establish that your wife’s rights pursuant to section 11(b) have been violated. You must argue that too much time has elapsed (be specific – tell the court when your wife was charged and how long it took to get the matter to trial for the very first time and provide the measurement of time in months -ie 13 months). What these motions generally come down to is whether or not, the delay in of itself, caused your wife any prejudice. In this case the prejudice can be the time itself and how it affected your wife’s ability to recall the events on the day in question (the day she was charged and the circumstances surrounding the charge). Does a 13 month passage to time effect the individual’s ability to recall, could time (in the instant case 13 months) diminish one’s memory or ability to recall? Of course it does and it is this fact that causes prejudice to the defendant. How could your wife reasonably expect to defend herself if the details of the incident, which led to a ticket, are now vague or scarcely remembered?

    If the Justice of the Peace does not grant your application on the 13 months, then you will have to put your wife on the stand and present a number of questions to her, under oath. Remember the onus shifts back to your wife to prove that she suffered some form of prejudice, as a direct result of the delay (between the charge and the date of the first trial) to bring this matter to trial.

    You will have to demonstrate to the Court that she suffered prejudice and the best way to do this is by proving diminished recall or the inability to remember all the facts surrounding the charge for which she was issued a ticket. In order to prove this point, your wife will have to take the stand and provide evidence, which is then tested by the Prosecutor when he/she cross-examines your wife.

    It should be noted that the offence for which your wife was charged, under the Highway Traffic Act is a relatively minor charge, compared to other charges under the Provincial Offences Act or the Criminal Code of Canada and should have been processed in a much quicker fashion, given that the Officer who issued the ticket made the decision on the spot and there was no need or requirement to conduct an investigation or to interview witnesses or informants. The ticket was straight forward and should have and could have been processed in a much more timely manner.

    I hope that this helps. Remember to always http://fightyourtickets.ca

  394. HI,

    Your website is very informative. Hopefully you can answer my questions. I am going to file an application to stay proceedings for my wife’s speeding ticket which the original trial was set 13 months after ticket date. At the initial trial I asked the judge for another date so i could file this application. He wasn’t too pleased and seemed alittle ticked off, but scheduled another trial date.

    My questions about filing the application are:
    what are the chances of it failing or being rejected? low or high?
    What reasons could the Judge reject it?
    Who makes the final decision? Is it the Judge at trial or does it get handed down from the Attourney Generals office? I’m asking this because if I get the same angry Judge I’m thinking he probably turns it down, the prosecutor whispered this probably wouldn’t work?

    Please advise. I’m alittle worried. thx

  395. Hi Admin at Fight Your Tickets.

    i got a ticket for going “75 in a 50 zone”. In fact the speed limit there was 60 and not 50. this infraction tool place on highway 50 entering the town of Bolton Ontario. the fine amount is calculated correct for 75 in a 60 zone but the officer mentioned the wrong speed limit (50). No demerit points were mentioned on the ticket.

    My court date is October 06 2009 (a few days away). please tell me what i need to do to successfully win this case against me. Any help will be greatly appreciated. My apologies for contacting you at the last minute as I just came across your website.
    Thanks in advance for any help/advice you can throw my way.

    Submitted on 2009/09/28 at 9:22am

    sorry to messg again. i have taken pictures of the speed limits with the road names in view. it was also raining heavily that evening and i have printed half hourly precipitation reports from enviro canada. This is my first speeding ticket and havent had any demerit points or anything attached to my driving record. thanks again

  396. Hi Ibrahim: If you received a ticket for travelling 58 km/h in a 40 km/h zone and are convicted of same, it will cost you (fine of $54 for speeding, $5 court fee, victim fine surcharge of $15, you will accumulate three (3) demerit points and if this is a school zone or construction zone, everything doubles. This event will go onto your driving record with the Ministry of Transporation for 2 years and your insurance company for many more years.
    Ultimately this is your call. If the Officer has already said that your ticket will be reduced, then you must apply for a trial see: http://fightyourtickets.ca/tickets/requesting-a-trial/ and when you get the Notice of Trial in the mail, you would show up and negotiate a plea bargain with the Prosecutor see: http://fightyourtickets.ca/tickets/plea-bargaining/ .

    If you do nothing, expect to be convicted with a total payable fine of $74 and to accumulate three (3) demerit points on your driving record. You should also remember, that even 10 years later, the Prosecutor can rely on your overall driving related convictions, if something serious happens to you. See the following decision: R. v. Pellerin http://www.canlii.org/en/on/oncj/doc/2006/2006oncj503/2006oncj503.html . I think it is best to try to keep your record totally clean and avoid accumulating any unnecessary demerit points or fines of any type.

    You only have 15 days to fill out a Form 7 – Notice of Intention to Appear (requesting a trial date to deal with this matter) to request a trial and interpreter if you require one.

    Remember to always http://fightyourtickets.ca

  397. Hi Julia: Read: http://fightyourtickets.ca/speeding-amending-up-the-speed-on-the-original-ticket-at-trial/

    You noted “disclosure” in your email. It is essential that you obtain this before you can properly prepare for your case.
    See Disclosure @ http://fightyourtickets.ca/tickets/disclosure/. Up to this point all that you can realistically do is speculate and guess. This is the reason why disclosure is so important.

    You stated that you were on the 401 and that you were pulled over at Brockville. This has always been a bad area for radar, as the OPP station is close.

    If it was the Ontario Provincial Police that pulled you over, it is quite possible that you were tracked on laser radar from a bridge and that the message was forwarded down to the white unmarked “chase car” who actually pulled you over and provided you with the speeding ticket. It should be noted that unless the Officer who measured your speed with the Laser shows up and testifies that he/she is a qualified operator of that particular laser radar unit and that he/she did all the tests recommended by the manufacturer and that they measured your motor vehicle (and not the other white vehicle) travelling in excess of the posted speed, then the evidence provided by the Officers in the Chase Car would be considered, at best, to be heresay and should be objected to and not allowed in as evidence. Often this is enough to raise a reasonable doubt in the Justice of the Peace’s mind and the charge should be dismissed.

    It is important to discuss this and weigh all of your different options once you are in possession of the disclosure notes. We don’t know, this could have been a case of “pacing”; which would be a totally different type of case. This is a serious matter (4 Demerit Points and total fine of $352.00 ($7 x 41 km’s over + $5 court fee + $60.00 victim fine surcharge) and will have ramifications on your insurance rates, etc. You will have to revisit this once you have received the Officer’s or Officers notes and it will be at that point that you will know the yardstick or threshold to meet and not until then. In the meantime, read: http://fightyourtickets.ca/tickets/prior-to-the-trial/ , http://fightyourtickets.ca/tickets/the-players/ , http://fightyourtickets.ca/tickets/plea-bargaining/ , http://fightyourtickets.ca/tickets/the-trial/ .

    Once you receive your disclosure, write back again. Remember to always http://fightyourtickets.ca

  398. Hi Admin,

    After browsing through endless websites, I must say that your website has great step-by-step information to fight your own tickets. Thank you for all the work that you have put into this informational site!

    In June 2009, I was charged with speeding 141 km/h in a 100 km/h zone. I was driving along Hwy 401 E and the police stopped me over at Brockville. I received my notice of trial for the first week of November.

    Here are the circumstances of the case: The police’s car was a white unmarked car. I was driving in the left lane behind another white car (mine is white also) and the police’s car was on the right where we both passed them. When we passed the police’s car, we both switched to our right lane, and drove for awhile until I switched over to the left lane to pass him. When the police pulled us over, they stopped both of us. I was in front of the police, and the other vehicle was behind them. The police officer who was driving came up to my car to speak to me, and his partner who was in the passenger seat went back to speak to the other vehicle that was pulled over.

    Now, because there are two vehicles and two police officers responsible for different cases, is it possible that I can prove beyond a reasonable doubt that they could have made a mistake with the speed? Which police officer (driver or passenger) would be responsible for clocking the speed? Could they have mistaken the speed taken between my car and the other that was pulled over since we were in different positions when we passed the police car? If they were driving along the highway without the intention of pulling someone over for speeding, how accurate would their response time be to clock someone? Also, if the police officer did not write down on his notes (this I am not sure since I did not receive disclosure yet) if another car was pulled over? Does it make a difference if his partner is there or not?

    Please advise. Any help will be greatly appreciated.

  399. Hi, first i want to say excellent website.

    I got pulled over the other day for going 58 in a 40 zone. 100% my fault. The officer told me to pick option 3 and he will reduce the charge to no demerit points lost. I was wondering that since this is my first ticket should i do as the officer said or should i try and fight it? If Its reduced to no demerit point will it still affect my insurance rates being this in my first ticket?

    Thank you in advanced for your input

    Keep up the good work

    Best regards

  400. Hi Luis: There is all kinds of law on “pacing” and what the officer must or must not do while engaged in this type of measurement of another motor vehicle’s speed. You should check for the law under CanLII at http://www.canlii.org/en/index.php (english) or http://www.canlii.org/fr/index.php (francais) or http://legalresearch.org/ or http://jurist.law.utoronto.ca/guides.htm. Remember you only have 15 days under the Provincial Offences Act to make up your mind, as to whether or not you are going to challenge this. You can either request a trial in the location at which you were charged (which would include requesting a trial, stating YES to the question as to whether of not you are going to challenge the evidence of the Officer who issued you the ticket and whether or not you are in need of an interpreter – in your case, “French”
    See: http://fightyourtickets.ca/tickets/requesting-a-trial/ and http://fightyourtickets.ca/tickets/right-to-trial-in-french/.

    Some examples of law involving pacing: http://www.canlii.org/en/on/oncj/doc/2008/2008oncj765/2008oncj765.html , http://www.canlii.org/en/on/oncj/doc/2005/2005oncj458/2005oncj458.html.

    If you do no want to go through all of this and the courtroom that the matter is to be held at is outside the district of the area in which you reside you can follow the following: http://fightyourtickets.ca/tickets/non-resident-information/ . If you did not want to show up for a trial some 200 kilometres away you can dispute your charge in writing. Here is what Section 6 (1) of the POA states”

    The mechanism is found in Section 6. (1) of the Provincial Offences Act, (see PART I – Commencement of Proceedings by Certificate of Offence) it reads as follows:

    6. (1) Dispute without appearance – Where an offence notice is served on a defendant whose address as shown on the certificate of offence is outside the country or district in which the office of the court specified in the notice is situate, and the defendant wishes to dispute the charge but does not wish to attend or be represented at a trial, the defendant may do so by signifying that intention on the offence notice and delivering the offence notice to the office of the court specified in the notice and delivering the offence notice to the office of the court specified in the notice together with a written dispute setting out with reasonable particularity the defendant’s dispute and any facts upon which the defendant relies.

    (2) Disposition- Where an offence notice is delivered under subsection (1), a justice shall, in the absence of the defendant, consider the dispute and,

    (a) where the dispute raises an issue that may constitute a defence, direct a hearing; or

    (b) where the dispute does not raise an issue that may constitute a defence, convict the defendant and impose the set fine.

    (3) Hearing- Where the justice directs a hearing under subsection (2), the court shall hold the hearing and shall, in the absence of the defendant, consider the evidence in the light of the issues raised in the dispute, and acquit the defendant or convict the defendant and impose the set fine or such lesser fine as is permitted by law.

    (4) Application of the section- This section applies in such part or parts on Ontario as are prescribed by the regulations.

    I should warn you that this is a very risky way to challenge a charge. If however, you can travel some 200 kilometres to challenge your charge, your chances of winning your ticket substantially improves. The distance can very much work in your favour. But first of all you will have to request a trial and upon receiving you Notice of Trial, you must request “Disclosure” prior to the Trial. If the Officer doesn’t show for the trial, given the number of kilometres that you travelled (time/gas/resources) the Prosecutor or Justice of the Peace will most likely withdraw the charge. If the weather is bad and the Prosecutor doesn’t show, your charges will most likely be withdrawn. If you don’t receive “disclosure” prior to the Trial Date, you cannot be expected to proceed and it will most likely be withdrawn. If the interpreter does not show up, it will most likely be withdrawn.

    More works in your favour, then against you, with respect to the time and distance that would be required of you to have your day in court and this must be looked at by the Courts. This is a heavy heavy charge and could well result, upon conviction, of a huge increase in your insurance premiums. You should definitely challenge this one, in person, in the courts. If you do not, there could be consequences which you had never even considered. Remember to always http://fightyourtickets.ca

  401. Hi Shorty: That is enough to win the case. It is important to know however that the only time that photographs will be accepted by the Justice of the Peace, is if the person who actually took the photo or photographs is present, and will give evidence on the 5 W’s surrounding this evidence (who, what, where, when and why).
    The Justice of the Peace will want to know what date and time you took these photo’s and the circumstances surrounding this event. You will have to prepare all of the questions of this officer surrounding the geography and physical and natural environment in direct relation to the placement of the stop sigh and intersection, in relation to where the officer states he was situated at, when this alleged breach took effect. Have all your questions surrounding this theory and only introduce the photo’s after you have asked him questions about the stop sign, the intersection and the placement of the bush. You may even want to have a friend or associate park at the same spot that the officer was parked and conduct some experiments. If your friend cannot reasonably ascertain whether or not you actually stopped your vehicle at the stop sign, then you may want to have him or her testify on your behalf. You want to reconstruct the day and place in question, while you are cross-examining the officer. You should ask him if there is a bush close to the stop sign and if he says there is not, then you may want to begin to ask him other questions surrounding the stop sign and his whereabouts when he first saw your vehicle and then submit the photograph(s). If your evidence is corroborated or strengthened by your friend’s evidence, this can contribute to the Justice of the Peace’s “reasonable doubt” and this may well be enough to win this matter. Remember to always http://fightyourtickets.ca

  402. Hi John: First of all you have to understand the law that you are dealing with, and how the fines work see: http://www.ontariocourts.on.ca/ocj/en/setfines/changes/2004/gtta1.htm This is the chart developed from the Ontario Court of Justice -Last Updated on August 1, 2007 in compliance with the Provincial Offences Act By-Law No. 2 as amended (GO) Transit). see ** at bottom of page.

    In your case the charge is Item # 13: Cross railway tracks at other than designated crossing- which violates By-law No. 2, Section 65 and carries a fine of $ 90.00, along with a court fee of $ 5.00 and a victim surcharge fee of $ 15,00 = Total of $ 110.00

    You must first look at law which governs “GO” which is The Greater Toronto Transit Authority By-Law No. 2 see: http://www.gotransit.com/public/en/aboutgo/tariff&bylaws/bylaw2.pdf . The GO Train officers are recognized as GO Transit Enforcement Officers – Special Constables

    and are recognized by the Courts as Provincial Offences Officers for the purposes of the Provincial Offences Act. In addition to having the ability to interpret and apply the Criminal Code, the Greater Toronto Transit Authority Act, the Liquor Licence Act, the Trespass to Property Act, the Highway Traffic Act these “special constables” have to interpret and apply and other related federal and provincial statutes. These men/women earn between $27.39 to $31.34 an hour ($65,407.00 annually).

    But they must issue you a ticket and you have the right to challenge that ticket in the courts, see: http://fightyourtickets.ca/tickets/requesting-a-trial/ . Unlike traffic tickets however, you will receive a trial within a few months (normally within 3 months). The same rules that apply to tickets under the Provincial Offences Act, apply to this type of ticket as well; including requesting a trial and full disclosure.

    The transit enforcement officer must provide you with a ticket and you must have the ability to challenge it in the courts. I know that the City schedules all of these matters (dealing with the Greater Toronto Transit Authority Act) all on the same date in the same court room. It is the common practice of the Prosecutor to reduce fines of $110 down to $40 (which ends up costing the defendant $40 for the fine, $5 for the court fee and $10 for the victim fine surcharge = Total of $55.00. If the enforcement officer doesn’t show, the most common practice of the Prosecutor is to withdraw the fine. Most of the trials in Toronto are held in courtroom “H” on the third floor at the Old City Hall at 60 Queen Street West or at 70 Centre Avenue (for GO ticket trials).

    **
    GREATER TORONTO TRANSIT AUTHORITY (GO Transit) Part I — Provincial Offences Act By-law No. 2, as amended (GO Transit) Fines (see: http://www.ontariocourts.on.ca/ocj/en/setfines/one/gtta.pdf ) established under the Ontario Court of Justice, updated as of August 2007. This does not include the Court Fee of $5.00 or the Victim Fine Surcharge (see: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000161_e.htm ) which when added together, ie. fine+court fee+victim fine surscharge = total payable $.

    Remember to always http://fightyourtickets.ca

  403. Hi Lightspeed 7:

    You can go to the court and request a “Notice of Motion – Change of Trial Date”. In order to do this you must show up for this motion and will be required to fill out some paperwork. The question becomes “why are you unable to show up for the scheduled trial date”? On the form that you will have to fill out, the following question will be asked on the form: As I am unable to proceed on the date set out on my Notice of Trial(s) noted above for the following reason: and you will have two small lines to place your response/reason. If you are unable to show up due to economic hardship (you must work that particular day) that may not be a sufficient reason to put the trial over, given that a majority of defendant’s who are scheduled for trial, are required to work on that day, since the government agreed to take away “night court”. If you have an appointment on that day with a doctor or dentist or if you are on vacation and not in the city, these are reasons for rescheduling the trial for a later date. In order to move this type of motion, it must be submitted at least, at the minimum, ten (10) days prior to the scheduled trial.

    In an Ontario Court of Appeal decision released on September 10, 2009 see York (Regional Municipality) v. Winlow 2009 ONCA 643, see http://www.ontariocourts.on.ca/decisions/2009/september/2009ONCA0643.htm the Court of Appeal confirmed that JP’s can “amend up” a charge, such as speeding. In this particular case, Robert Winlow was given a ticket on December 6, 2006 for driving 115 km/h on highway 400. The Officer that issued the ticket said that he paced Mr. Winlow doing 130 km’s but only gave him a ticket for 115 km over. When Mr. Winlow came to court and plead not guilty to 115 over, the Prosecutor asked the Justice of the Peace to “amend” the ticket and make the actual speed 130 km’s over, given that the Officer testified that Mr. Winlow was actually travelling at 130 km’s over. In order to find out the powers of the Justice of the Peace in this case, to amend a ticket, you have to look at sections 34(2), 34(4) and 34(5) of the Provincial Offences Act see http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s1, the main test can be found at: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s4 which states:

    Considerations on amendment

    (4) The court shall, in considering whether or not an amendment should be made, consider,

    (a) the evidence taken on the trial, if any;

    (b) the circumstances of the case;

    (c) whether the defendant has been misled or prejudiced in the defendant’s defence by a variance, error or omission; and

    (d) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.

    In the case of Winlow, the Justice of the Peace did not agree with the Prosecutor’s motion and would not amend the ticket up to 130 km/h over, but did convict Mr. Winlow of travelling 115 km over the limit (of 100 km per hour) mainly because Mr, Winlow acknowledged that he did not look at his speedometer, and did not know at what rate of speed he was driving, while being “paced” by the officer who was at court to provide testimony against him. The Prosecutor appeal this case and lost and again appealed it to the Court of Appeal of Ontario. The Court of Appeal confirmed that tickets can be amended up and that this practice, as long as it complies with the law and the spirit of the Provincial Offences Act and the defendant is not prejudiced, that this act of amending up a speeding ticket is within the parameters of the Courts. In the end, the appeal was rejected but a number of important questions were both put to the panel of Judges on the Court of Appeal and were answered in the September 10/09 Judgment.

    In your case, you say that you were charged for travelling 96 kilometres in an 80 km/h zone, but that this is “reduced”. Yes, if the Prosecutor believes you to be taking advantage of the Officer’s “discretion to charge you with less than you were actually travelling” then he/she could request, pursuant to section 34 of the POA, that the speed be amended up – generally you would be offered an opportunity to adjourn (as Mr. Winlow was and refused). See some other PACE law, where the JP amended the speed: http://www.canlii.org/en/on/oncj/doc/2008/2008oncj765/2008oncj765.html
    Sometimes the officer loses sight of your vehicle while pacing you (ie. fog) and this can lead to a reasonable doubt see http://www.canlii.org/en/on/oncj/doc/2005/2005oncj458/2005oncj458.html

    You must always request “disclosure” as it is your right to be guarded under the Charter and it will reveal the type of case that will be launched against you by the Prosecutor. I have observed some disclosures that say almost nothing – in which case, inevitably the Prosecutor will either offer you a great deal (in you case perhaps 10-15 kilo’s. over or even withdraw the charge) or will withdraw the charge out of embarassment. Remember, if nothing was jotted down, if the officer did not take contemporaneous notes (notes done at the time, or very close to the incident) then he or she will remember nothing; especially if he/she has generated 100 speeding tickets since the date that you were issued yours. Ask for all of the things that you mentioned, in as far as your disclosure request. You should register your request ($8.44 at Canada Post – $7.50 for the registered service (which is a secure method to send mail, someone must sign for it at the destination and it can be used for the purposes of the courts) and .57c for the stamp – with 5% GST it totals $8.44 and will only take a few days). Remember if you do not receive your disclosure by the time it reaches trial, these are grounds for seeking an adjournment and if it takes too long, then you have grounds to ask for a “Stay of Proceedings” see: http://fightyourtickets.ca/tickets/disclosure/ and http://fightyourtickets.ca/tickets/application-for-stay-of-proceedings/

    You must begin to prepare your questions for the officer now. You can generally anticipate what the Prosecutor may ask him or her but you can begin to prepare your “cross-examination” questions now, see: http://fightyourtickets.ca/tickets/prior-to-the-trial/

    It is very important that you review the caselaw or jurisprudence with respect to speeding and can go to CanLII and other resources to do this for free. There are always old and new cases that can be relied up (try to find one that closely resembles the facts in your particular charge). Often these cases will inform you as to what the officer testifying to must or must not say, especially when it comes to a speeding charge, such as your own. You will do well – have of the challenge is preparation, preparation, preparation.

    Remember to always http://fightyourtickets.ca

  404. Hello Admin,

    I recieved my first ticket on my record last week. 134km/hour in 100km/per hour zone This is a $259.00 fine, along with 4 demerit points. I want to fight it..The police came from behind (pacing???),the problem is the court is 200 km away ,it is worth it ?Also if I need a translator other than french will help ?.
    Thanks for any advice You could give me
    Luis

  405. Hi Admin,

    Thank you so much for your work in this website, it is truly wonderful to have someone who is willing to give legal advice without anything in return. I posted my case back in the beginning of July regarding a ticket for “Disobey Stop Sign” and you answered my questions thoroughly. Thank you.

    I just picked up my disclosure and was surprise to find the notes from the police office describing the incident is different from what I remembered. Unfortunately, he is very detailed as he noted weather condition, road condition, where his car was park, etc. The officer indicated his “view was unobstructed”, my “wheels never stopped” and and that I “slowed down but drove past stop sign at approx. 15km/h then accelerated out of intersection”. This is not true. I have photos, which I will take your advice (thank you again) and provide copies to the Justice of Peace, the prosecutor, and the officer, of a bush which clearly interferes with the view of the intersection (3 way stop, T intersection) and effectively blocking the view of the wheels of my car. If I say this demonstrates what the officer claimed is incorrect, that his view was indeed obstructed and that he couldn’t have seen the wheels of my car because of the bush, would this be enough to win the case?

    Thank you once again for all your help.

    -shorty

  406. Hi,
    Yesterday Sunday Sept 14 I parked downtown in a small side street in downtown Toronto. My wife & I both looked to see if it was a valid parking space and did not see an obvious ‘no parking’ sign. I paid at the meter for a couple of hours and placed the receipt on the dash.
    When we came back to the car I drove away and noticed a yellow ticket under my wiper blade. It was a $450 fine for parking in a disabled loading zone. We both felt that it was not signposted well enough.
    My question is – Do we have a chance of fighting this and at least getting it reduced bearing in mind that I did pay at the meter and thought it was a valid parking space.

  407. The other I received a ticket at Union Station in Toronto for walking over the train tracks for $110 which I am gathering is a provincial offense act issue. When I was given the ticket, I gave the ticketing officer my health card for ID and then stated to him my address. After all this situation, I noticed that the officer had not even given my the actual ticket, I was just given the offence notice for payment. The offence payment notice does have the offence number on it but I dont have the ticket to check off how I want to plead my case, guilty, go to court, etc. Is this a mistake by the officer that would dismiss my ticket or since I have the offence number I am liable for this ticket.

  408. Hello again.
    few questions on my ticket.
    to recap: 96km/h in an 80km/h zone (3 pts, $55) at the start of july. This represents the REDUCED fine on the ticket.

    I have received the trial notice, trial set for the 2nd week of november.

    1st: my time off is a large block, and then I work 20 days straight. due to my skill set, I can not be replaced with any form of ease, and I was wondering about having the trial moved forward (if possible, or later) to accomodate this. for example I am off most of the week prior to this. Can I request a “motion for a new trial date” other than in person? is it possible to make the request in person at a P.O.O. that is not the one serving the trial?

    In the mean time I presume I go ahead with getting a disclosure anyway. Can I mail this as well (registered)
    I must list all pertinent items on the request? officers notes, training records, unit calibration records, etc?

    there should not be any way that they can increase it or “un-reduce” the fine?

    last, is there any way they could get me up on the stand. I don’t want to go up and be under oath. there is not much to say, so most of my defense lies in cross examining the Officer.

    any other tips are appreciated.
    I am trying to read through this website again for reference.
    Thank you for your time.
    LS7

  409. Hi B: To understand the charge the first thing you should do is to review the Ontario Highway Traffic Act, against the ticket that you received and
    attempt to objectively analyze the facts in this case, against the actions of the Officer who generated a ticket and issued it to yourself.

    A review of section 159.1 subsection (2) of the Highway Traffic Act has to be made, in light of this sentence that you wrote:
    “As I got closer the cube van did not have any flashing lights/hazard lights nor did the car at this point I new it was a police cas as I could see the dark blue writing”

    Now review the first sentence of 159.1 (2) which states the following: “an emergency vehicle with its lamp producing intermittent flashes of red light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle is stopped”

    Here is the applicable legislative language extracted from the Highway Traffic Act:
    Approaching stopped emergency vehicle

    159.1 (1) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle.

    Same
    (2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle is stopped in or in a lane that is adjacent to the emergency vehicle, in addition to slowing down and proceeding with caution as required by subsection (1), shall move into another lane if the movement can be made in safety.

    In this case, you should most certainly take this matter to trial and plead “not guilty”, given that there was no flashing red lights emanating from this emergency vehicle, if in deed it was even an emergency vehicle. If you wear prescription eye-glasses, the Prosecutor may attempt to undermine your recollection of the event and suggest that, in fact, this emergency vehicle did have its’ emergency lights flashing. The reason the legislation calls for lights producing intermittent flashes of red light, is to make motorists immediately aware of the need to slow down (in the instance case – to alert you and others on the highway that there has been an accident).

    Under the circumstances and against the facts that you relayed in your email, it is essential that you fight this all the way. You will have to request a trial see: http://fightyourtickets.ca/tickets/requesting-a-trial/ as well as Disclosure, upon receiving your Notice of Trial in the mail see: Disclosure http://fightyourtickets.ca/tickets/disclosure/ and Notice of Trial: http://fightyourtickets.ca/tickets/notice-of-trial/

    This is a serious matter and must be treated accordingly. Who can afford a ticket for $ 490.00, a conviction on record and three (3) demerit points accrued on their record with Ministry of Transportation, especially for something that they are not guilty of? The Prosecutor must prove beyond a reasonable doubt that you committed the act for which you are charged – this will be difficult without first being able to establish that the red lights of the emergency vehicle were in operating condition and were activated at the time that you approached the scene of the accident.

    Please fight this, it was wrong for the Officer to issue you with a ticket in the first place and based on your written recollection, totally unnecessary.

    Remember to always http://fightyourtickets.ca

  410. I have been given a HWTA 159.1(2) $490.00 fine.
    I have read your info & called HELP they charge $380.00.
    I am going to fight my case & have a prosecution meeting Oct 22nd’9
    My first question do I plead Guilty or not Guilty when asked?
    I have written notes of the event. Location, time etc.
    My observation when this happen I was in the ouside lane in a 60 zone after leaveing a set of traffic light turing left out of a main intersection on to the highway driving up a slight rise in the road, then the road is straight/flat. I observed a white cube van on the hard sholder ahead with a white car on an angle pointing towards the ditch behind the white cube van.
    As I got closer the cube van did not have any flashing lights/hazard lights nor did the car at this point I new it was a police cas as I could see the dark blue writing. Not thinking this was an accidennt I continued to drive on the inside lane, deciding to change lanes was an option I looked in my side & back mirror on coming traffic continueous in the fast lane while this was taking place I suddenly saw the motor cycle ahead with blue lights + a police officer walking into the road in the lane I was in flasing me down.
    I pulled over now past the white Van & police car. just behind the motor cycle.
    He asked for my Driving Lic, Insurance & Owernership. He asked did I see the white van was I aware of the HWT Act that I must pull over into the centre lane for emergency vehicle access. I said yes. At no time did he want to listen to what I had to say so I kep quiet.
    He returned with the necessary papers. I asked did I have a fine he answered yes $490.00 at that point I said you must be kidding me. Should their have been flasing warning lights on the parked vehiles on the hard sholder?
    To me it looked like a staged area. This is my first ticket, I feel I should have got a warning. Seeing their was no emergency. 11am Bright shine. I drive a Nissan Sentra . I was not on my cell phone, no radio on. I am female/married my age 70.
    If I had seen an emergency situation I certainly would not have been in the right lane.
    Do hope thisg ets to you, I would welcome your input.

    Is it

  411. Hi Alicia: You have 15 days from the date that you received your speeding ticket to request a trial, this is the first step (see site page @ http://fightyourtickets.ca/tickets/requesting-a-trial/ ). Remember that you must correctly fill out the Notice of Intention to Appear. See the following:

    If you request a trial date, you will have to fill out a NOTICE OF INTENTION TO APPEAR sheet (Form 7 – Provincial Offences Act – Regulation 950 ). See section 17.1 of the Provincial Offences Act.

    The NOTICE OF INTENTION TO APPEAR form will ask you the following questions:

    Name, Address, Phone Number and the Offence Notice Number or Parking Infraction Notice Number

    A question will be posed in the next section of the form:

    At trial I intend to challenge the evidence of the provincial offences officer who completed
    The Certificate of Offence or Certificate of Parking Infraction ___ No/Non _X_ Yes/Oui
    You must check off “YES” to the statement above, concerning the challenging the evidence of the Officer who issued you your speeding ticket.

    2nd Step: Wait for the NOTICE OF TRIAL in the mail (this generally takes anywhere from six (6) to eight (8) months to arrive: see