This post is not mine nor did I wrote this, it's from another forum but it pertains to Toronto/GTA.
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I receive a lot of tickets every year because I am on the road and obviously the more you drive the more chances you will receive a ticket.
I drive 45k KM annual. I bought my BMW on 25 Aug 11 and on Aug 25 12 I already had 43k KM on it. I bought my motorcycle a month ago and it already has 2.2K KM on it. So yes I drive/ride a lot.
Here's my traffic ticket history, how I beat em, and tips for those who also have similar or the same tickets.
There are four types of tickets you can receive under the HTA:
Moving Violation (speeding, running lights, anytime the vehicle is in motion), Document Charge (expired insurance card), Fix It Charge (Burnt out lights, plate covers), Criminal charges (impaired driving and no insurance)
Best Quick basic strategies for each class of ticket:
Moving violation: Beat it using technicalities, using 11b stay, requesting disclosure and requesting additional disclosure, interpreter fails to show, etc. Use as many technicalities as you can.
Document charge: Use first attendance and show the documents you failed to produce at during the traffic stop. If this doesn't work follow the strategy of moving violation.
Fix it charge: Again use first attendance and show what you did to fix the problem. (i.e. burnt out lights, show receipts of purchasing a bulb and a picture of it the car with the bulb on) This will work 99% of the time with no problem. The courts are just happy you fixed the problem. Now in the rarest chance this doesn't work follow moving violation.
Criminal charge: For this I would recommend seeking professional legal aid. Depending on what happens during trial it may either still fall under the HTA if the JP is lenient or it may fall under the Criminal Act. The consequences of this is very severe, this is why hiring legal aid is essential.
Speeding Ticket #1 - 15KM/Over - MOVING VIOLATION
Details:
In 2010, I received my first speeding ticket for passing a YRP cruiser who was doing 115km/h on the 407. I passed him doing 25km/h over. During the traffic stop I gave the officer an expired insurance card (although I had valid insurance except I was driving the family vehicle at the time and the papers in the family cars are all misplaced), and also his computer stated that I was under suspension from the MTO.
I then received a speeding ticket for 15km over because I passed him and his backup that came issued me the fail to surrender insurance card and suspended license.
I had to get some people to come pick me up as well as drive the car home or the other option would've been a tow.
Before Court:
I requested a disclosure package that came on good time, however the notes was ineligible so an additional request was sent for word processed notes. This package was never received.
During Court:
I spoke to the prosecutor and he noted that the second disclosure package was not ready and he withdrew the ticket during check-in.
Going forward:
Always request additional disclosure for every case. Guaranteed that each disclosure package will refer to things in abbreviation. Since the general public may not always be familiar with the terms used by police officers, you may request explanation to the abbreviations. examples of are : D/L, OCC, L1, HROS, also radio codes are sometimes in the notes as well, you can request for that to be explained too. The first disclosure will have a high chance of being responded too. The second disclosure package might not always be responded too, just because of how much extra work that the officer must put in for that specific case. The officer will handle many cases and will not care that 1/10 of those cases requested additional disclosure when the other 9/10 just asked for the basic disclosure which is a photocopy of the officer's notes which is very simple. He will let the 1/10 slide and focus on the other 9/10. Always request additional disclosure, no matter how small it is. (i.e. Typed notes, explained abbreviation.
Fail to surrender insurance card - DOCUMENT CHARGE
Details:
Gave the officer an expired insurance card during a traffic stop, however the policy was valid.
Before court:
I requested disclosure that came on time, it was a very simple disclosure package, just listed what I was driving, number of occupants and what happened (surrendered expired card).
During court:
I showed the prosecutor pre-trial a valid insurance card and they withdrew the charge.
Going forward:
Document charges are always up to the discretion of the prosecutor. Many will say just bring the document to court and they will drop it. It may not always be the case because document charges are usually followed after a moving violation ticket such as speeding or running a light etc. Even if you get off on the moving violation ticket they will go to trial for the document charge. The best way to fight the standalone document ticket meaning no other ticket was issued other than the document ticket is to attend first attendance and show the prosecutor the document. 99% of the time they will drop it if there is no other ticket. If not make sure to submit one basic disclosure request and an additional requesting word processed notes and explained abbreviation. For document charges always request first attendance, and bring your papers to them, this allows you to prepare disclosure packages ahead of time. It does not look good to the courts if you bring the papers in hoping they will drop it and use that excuse when they ask you why you need an adjournment. Always be prepared.
Suspended Drivers License - DOCUMENT CHARGE
Details:
Gave the officer my drivers license and it came back as suspended. The officer asked me if I wanted to get someone to pickup the car or get it towed. I got someone to come get me and someone else to get the car.
Before court:
I requested a drivers abstract from the MTO (it costed me $10 bucks) and it showed that I had no prior suspensions. In addition, I requested disclosure as well.
During court:
I received my basic disclosure package however it lacked a certified copy of my driver record from the MTO. I also showed the prosecutor my driver abstract and they withdrew the charge during pre-trial.
Going forward:
Anything that the officer pulls up on the computer is considered hearsay. Reason being is the officer did not directly enter this information himself nor is he in charge of vehicle licensing. So he is acting on behalf of what the computer says, this cannot be used in court. When you ask the officer during trial "how did you know the driver was suspended" his response will be "I saw it on my computer". Just because the officer saw it on the computer does not make it necessarily true. That's why courts must request certified copies of records form the MTO. And that's why there is specific sections to request certified copies on the MTO website. Other than that, the registrar is the only person that can say yes they are under suspension during the traffic stop. Always verify the source of the officer's evidence. This is why officers cannot be a witness on behalf of a witness. Even though the officer witnessed the witness provide a statement, the statement itself cannot be used in court. Only the witness may give their own witness statements. This is why witnesses are subpoenaed to court
Entire Plate not Plainly Visible (Plate Covers) - FIX IT Charge
Details:
I was stopped allegedly for speeding. However the officer did not have enough evidence to charge me with speeding nor any other offense other than the plate covers. He even asked me to turn on my car, hold my brakes and activate my turn signals to see if they were all working.
Before court:
I did not respond to the ticket because the ticket itself bared a fatal flaw. The HTA section referenced did not exist. However I still received a conviction. Thus I requested a reopening and during the reopening I told the JP that the section referenced in the ticket did not exist. They verified the fact that it did not exist. However they couldn't do anything about it and told me to talk to the prosecutor so they arranged a first attendance for me. Disclosure was not requested because no court date was set.
During Court:
I removed the plate covers and showed that to the prosecutor and they withdrew the charge.
Going Forward:
Any fix it tickets such as burnt out tail-lights or burnt out headlights will always be withdrawn as long as you showed due diligence in getting it fixed. Because you showed effort in rectifying the problem the courts will look favourably at the situation. Always repair any damaged equipment in the vehicle ASAP, provide receipts, photos or even a cell phone video of the fixed problem, and they will withdraw it. First attendance is the best time to do this.
.
I receive a lot of tickets every year because I am on the road and obviously the more you drive the more chances you will receive a ticket.
I drive 45k KM annual. I bought my BMW on 25 Aug 11 and on Aug 25 12 I already had 43k KM on it. I bought my motorcycle a month ago and it already has 2.2K KM on it. So yes I drive/ride a lot.
Here's my traffic ticket history, how I beat em, and tips for those who also have similar or the same tickets.
There are four types of tickets you can receive under the HTA:
Moving Violation (speeding, running lights, anytime the vehicle is in motion), Document Charge (expired insurance card), Fix It Charge (Burnt out lights, plate covers), Criminal charges (impaired driving and no insurance)
Best Quick basic strategies for each class of ticket:
Moving violation: Beat it using technicalities, using 11b stay, requesting disclosure and requesting additional disclosure, interpreter fails to show, etc. Use as many technicalities as you can.
Document charge: Use first attendance and show the documents you failed to produce at during the traffic stop. If this doesn't work follow the strategy of moving violation.
Fix it charge: Again use first attendance and show what you did to fix the problem. (i.e. burnt out lights, show receipts of purchasing a bulb and a picture of it the car with the bulb on) This will work 99% of the time with no problem. The courts are just happy you fixed the problem. Now in the rarest chance this doesn't work follow moving violation.
Criminal charge: For this I would recommend seeking professional legal aid. Depending on what happens during trial it may either still fall under the HTA if the JP is lenient or it may fall under the Criminal Act. The consequences of this is very severe, this is why hiring legal aid is essential.
Speeding Ticket #1 - 15KM/Over - MOVING VIOLATION
Details:
In 2010, I received my first speeding ticket for passing a YRP cruiser who was doing 115km/h on the 407. I passed him doing 25km/h over. During the traffic stop I gave the officer an expired insurance card (although I had valid insurance except I was driving the family vehicle at the time and the papers in the family cars are all misplaced), and also his computer stated that I was under suspension from the MTO.
I then received a speeding ticket for 15km over because I passed him and his backup that came issued me the fail to surrender insurance card and suspended license.
I had to get some people to come pick me up as well as drive the car home or the other option would've been a tow.
Before Court:
I requested a disclosure package that came on good time, however the notes was ineligible so an additional request was sent for word processed notes. This package was never received.
During Court:
I spoke to the prosecutor and he noted that the second disclosure package was not ready and he withdrew the ticket during check-in.
Going forward:
Always request additional disclosure for every case. Guaranteed that each disclosure package will refer to things in abbreviation. Since the general public may not always be familiar with the terms used by police officers, you may request explanation to the abbreviations. examples of are : D/L, OCC, L1, HROS, also radio codes are sometimes in the notes as well, you can request for that to be explained too. The first disclosure will have a high chance of being responded too. The second disclosure package might not always be responded too, just because of how much extra work that the officer must put in for that specific case. The officer will handle many cases and will not care that 1/10 of those cases requested additional disclosure when the other 9/10 just asked for the basic disclosure which is a photocopy of the officer's notes which is very simple. He will let the 1/10 slide and focus on the other 9/10. Always request additional disclosure, no matter how small it is. (i.e. Typed notes, explained abbreviation.
Fail to surrender insurance card - DOCUMENT CHARGE
Details:
Gave the officer an expired insurance card during a traffic stop, however the policy was valid.
Before court:
I requested disclosure that came on time, it was a very simple disclosure package, just listed what I was driving, number of occupants and what happened (surrendered expired card).
During court:
I showed the prosecutor pre-trial a valid insurance card and they withdrew the charge.
Going forward:
Document charges are always up to the discretion of the prosecutor. Many will say just bring the document to court and they will drop it. It may not always be the case because document charges are usually followed after a moving violation ticket such as speeding or running a light etc. Even if you get off on the moving violation ticket they will go to trial for the document charge. The best way to fight the standalone document ticket meaning no other ticket was issued other than the document ticket is to attend first attendance and show the prosecutor the document. 99% of the time they will drop it if there is no other ticket. If not make sure to submit one basic disclosure request and an additional requesting word processed notes and explained abbreviation. For document charges always request first attendance, and bring your papers to them, this allows you to prepare disclosure packages ahead of time. It does not look good to the courts if you bring the papers in hoping they will drop it and use that excuse when they ask you why you need an adjournment. Always be prepared.
Suspended Drivers License - DOCUMENT CHARGE
Details:
Gave the officer my drivers license and it came back as suspended. The officer asked me if I wanted to get someone to pickup the car or get it towed. I got someone to come get me and someone else to get the car.
Before court:
I requested a drivers abstract from the MTO (it costed me $10 bucks) and it showed that I had no prior suspensions. In addition, I requested disclosure as well.
During court:
I received my basic disclosure package however it lacked a certified copy of my driver record from the MTO. I also showed the prosecutor my driver abstract and they withdrew the charge during pre-trial.
Going forward:
Anything that the officer pulls up on the computer is considered hearsay. Reason being is the officer did not directly enter this information himself nor is he in charge of vehicle licensing. So he is acting on behalf of what the computer says, this cannot be used in court. When you ask the officer during trial "how did you know the driver was suspended" his response will be "I saw it on my computer". Just because the officer saw it on the computer does not make it necessarily true. That's why courts must request certified copies of records form the MTO. And that's why there is specific sections to request certified copies on the MTO website. Other than that, the registrar is the only person that can say yes they are under suspension during the traffic stop. Always verify the source of the officer's evidence. This is why officers cannot be a witness on behalf of a witness. Even though the officer witnessed the witness provide a statement, the statement itself cannot be used in court. Only the witness may give their own witness statements. This is why witnesses are subpoenaed to court
Entire Plate not Plainly Visible (Plate Covers) - FIX IT Charge
Details:
I was stopped allegedly for speeding. However the officer did not have enough evidence to charge me with speeding nor any other offense other than the plate covers. He even asked me to turn on my car, hold my brakes and activate my turn signals to see if they were all working.
Before court:
I did not respond to the ticket because the ticket itself bared a fatal flaw. The HTA section referenced did not exist. However I still received a conviction. Thus I requested a reopening and during the reopening I told the JP that the section referenced in the ticket did not exist. They verified the fact that it did not exist. However they couldn't do anything about it and told me to talk to the prosecutor so they arranged a first attendance for me. Disclosure was not requested because no court date was set.
During Court:
I removed the plate covers and showed that to the prosecutor and they withdrew the charge.
Going Forward:
Any fix it tickets such as burnt out tail-lights or burnt out headlights will always be withdrawn as long as you showed due diligence in getting it fixed. Because you showed effort in rectifying the problem the courts will look favourably at the situation. Always repair any damaged equipment in the vehicle ASAP, provide receipts, photos or even a cell phone video of the fixed problem, and they will withdraw it. First attendance is the best time to do this.
