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Speeding ticket fighting technique needed - Help Please
- Thread starter black_CG2
- Start date
Ask for Disclosure as it doesn't cost you anything. I did when I got my ticket in Simcoe County and never got anything. Went to court, they ask me how I plead, and I say 'I plead nothing because I'm still waiting for disclosure.' we set a new trial date with the court, show up again, same scenario. The prosecutor asks me why I won't plead and I say to her 'because 2 months ago I stood in front of this Judge, and I requested disclosure about my trial from you specifically. I am still waiting, and you have not provided any evidence of why I was pulled over.' They go find the cop (he showed up 2x) and then I see him wobble his hands and shake his head, 'case dismissed as the officer cannot find his notes'.
Fun times.
Check the disclosure, if it's got lots of details I wouldn't bother fighting and pay the fine. However if you don't get anything, you've got a good chance at winning as that means the guy didn't keep any notes.
My guy was an OPP officer who was a real *********...ripped up my expired insurance documents and threw them back in the car. If he didn't do that I wouldn't have bothered. **** him.
Fun times.
Check the disclosure, if it's got lots of details I wouldn't bother fighting and pay the fine. However if you don't get anything, you've got a good chance at winning as that means the guy didn't keep any notes.
My guy was an OPP officer who was a real *********...ripped up my expired insurance documents and threw them back in the car. If he didn't do that I wouldn't have bothered. **** him.
Dirty Frank
Well-known member
If you want to game the system when fighting a ticket on your trial date before court when the person representing the crown does roll call do not sound off.
The reason to do this is to expedite them calling your case.
The crown calls the cases that the defendant isn't present first.
Oftentimes the charging officer isn't present so if they call your case and you are there you will be able to win because they will have no evidence to present.
Do not allow them to reschedule the case just say "im here lets do this now"
The reason to do this is to expedite them calling your case.
The crown calls the cases that the defendant isn't present first.
Oftentimes the charging officer isn't present so if they call your case and you are there you will be able to win because they will have no evidence to present.
Do not allow them to reschedule the case just say "im here lets do this now"
How does not responding to roll call change anything? If the officer is there, you gained nothing over identifying yourself. If the officer is absent, you have gained nothing over identifying yourself? I have never seen an officer leave prior to all of their cases being dealt with by the JP.
Oftentimes? I think you`re mistaken.
May I ask if you already had a ticket or tickets at the time?
black_CG2
Well-known member
Thank you everyone for your responses.
Okay, so how do I request disclosure? I do not see that option on the back of the ticket. The trial option is at Blenheim, ON. I have never heard of this place before lol. My friend says not to put my number/e-mail there (back of the ticket, option 3). He says to use registered mail as opposed to regular mail. Thoughts?
It was really nice not to get pulled over for 10 years!
Okay, so how do I request disclosure? I do not see that option on the back of the ticket. The trial option is at Blenheim, ON. I have never heard of this place before lol. My friend says not to put my number/e-mail there (back of the ticket, option 3). He says to use registered mail as opposed to regular mail. Thoughts?
It was really nice not to get pulled over for 10 years!
I use registered mail.
In the past, to request a trial, they made you show up at court to request a date, you could only plead guilty or guilty with an explanation by mail. It seemed like a clear scam to discourage you from trial by wasting another day of your time, but obviously it was allowed as it was that way for years. I have no idea if it is still the same.
After you requested a trial date, you would send a registered letter (or maybe fax???) requesting disclosure. That gives you proof of receipt to show the JP when you don't get any response.
In the past, to request a trial, they made you show up at court to request a date, you could only plead guilty or guilty with an explanation by mail. It seemed like a clear scam to discourage you from trial by wasting another day of your time, but obviously it was allowed as it was that way for years. I have no idea if it is still the same.
After you requested a trial date, you would send a registered letter (or maybe fax???) requesting disclosure. That gives you proof of receipt to show the JP when you don't get any response.
Dirty Frank
Well-known member
First i have to say that this strategy is very dick,the deer in the headlights look that the "crown" has when you stand up is likely better than the one that you had when the constable activated his lights to pull you over.
The purpose of playing dumb before your case is called is to get your case called as soon as court is convened
If the crown knows that you are there and prepared to offer a defense you will be called towards the end of the session wasting at least half of a day
As for the cop being there police work is hectic and PON court is low priority so look around and see if your accuser is about.
FWIW the wise move after getting a ticket is to take the ticket in and arrange a meeting with the crown and try to work out a better deal for yourself usually they are pretty receptive depending on how ridiculous you driving was and how you present,be humble it helps.
If all else fails and you figure that you will not be seeing these folks again try the other strategy.
Last but not least when attending court always leave your pocket knife and any other weapons in your car or be prepared to forfeit them as you will be going through a metal detector on your way into court.
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For those not in the know, these court dates are scheduled on the day the officer is not on active duty. Don't count on them not showing up to get paid $45/hr to sit there, point at you and say "yep, he's who i pulled over."
What GreyGhost said, always request disclosure via registered mail. There's some generic letter/forms you can google and just plug in your pertinent info. The crown will play dumb in court from time to time and just claim you never sent a request, been through it myself.
Dirty Frank
Well-known member
So you are stating that every police agency in the GTA has this as a blanket policy?
Yes.
They schedule court dates when police are not on shift so they actually show up. Prosecutors get paid to convict you, not working with your star witness to cement the conviction would seem like a large gamble.
yessir
black_CG2
Well-known member
https://www.chatham-kent.ca/MunicipalDepartments/Documents/Disclosure Form.pdf
They do mention that during trial, prosecutor may ask to raise the speed to original. My goal should be not going to trial at all. Unless, the disclosure is very weak.
They do mention that during trial, prosecutor may ask to raise the speed to original. My goal should be not going to trial at all. Unless, the disclosure is very weak.
I don't understand. What is your goal it it's not winning at trial? Every other outcome ends up with a minor conviction in the eyes of insurance.
Just because you find a weak disclosure does not guarantee the JP will side with you.
Fighting a ticket means you go to Trial, period.
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