What to do when you want to fight your ticket in court (new) | Page 2 | GTAMotorcycle.com

What to do when you want to fight your ticket in court (new)

Another note on disclosure, at least with the city prosecutor's office in Toronto. You need additional information on the request form:
1) The date of the infraction/when you were charged (both if they happened on different dates)
2) The constable's name/unit/agency/badge number (they should be both on the ticket and on the Notice of Trial)
 
When a ticket has already been reduced, is the "R" of which people refer indicated towards the bottom of the ticket on the right hand side in the CODE box?

Does that have any bearing on the approach to fighting a speeding ticket? thanks​
 
Unless it's been from a Bill 172 amount (50+), not really. As far as the insurance companies are concerned, a conviction is a conviction is a conviction, whether it's for 5 over or 45 over.
 
D Nuts said:
When a ticket has already been reduced, is the "R" of which people refer indicated towards the bottom of the ticket on the right hand side in the CODE box?

Does that have any bearing on the approach to fighting a speeding ticket? thanks​
Click to expand...

It depends how much of a break they cut you and what your driving record is like. There is the possibility of this being raised up to the original speed in court (but this is another reason you need disclosure). If the cop knocked a 40-over down to a 10-over and my record were otherwise clean, I'd be paying that ticket or AT MOST, taking it to court on the off-chance that the cop doesn't show and then pleading guilty to the original offence if the cop does show. (Even if you file that you plan to challenge the ticket, you are always allowed to change your mind and plead guilty.)

But, if that same ticket were on the verge of causing major insurance related problems, it's to be fought tooth and nail. Or, if a 40-over gets knocked down to a 30-over, it's still going to court, because it's not enough of a difference.
 
I got a stupid ticket on a residential road.

booked for 50km in a 40km zone. Real booking speed was 55km in a 40km zone.

Of course this ticket holds no points but I'm fighting it on principle.
I've received my disclosure and there seem to be some errors on it.

First page reads,

CS42A 4280
BEE III DIRECTIONAL
RADAR SYSTEM

Test 235 pm
540 pm

I was parked S/B W/S
#214
FRT Window NB
RR Window SB

Dry Sunny Clear


Now he said he was parked S/B W/S ( So south bound, on the west side ) But then he goes and says that his Front window was NB ( north bound ) and Rear window was SB (South bound ). This can't be correct if he wrote that he was parked Southbound, which means that his front window should be Southbound facing.

on the 2nd page.

all that is written is


55 / 40
C / A
1 m ( or it could be two 00)s

cops writing was damn messy and I couldn't read what it said after the 1. As well the C in the 2nd page could be something else.

Could I in my defence use the fact that he falsified his position. I know its a technicality but any suggestions?

Ticket was given back in June 2008 and trial date is May 2009.

Any suggestions would be appreciated.
 
Disclosure request forms!!!

After doing some more research, it turns out that those general disclosure forms may not be such a hot idea. You can get more information here and download a better sample disclosure request. http://www.ticketcombat.com/step4/disclosurehow.php Actually this site gives great info on every step of the process.

Important Note:
DO NOT INCLUDE YOUR PHONE NUMBER. MAKE THEM COMMUNICATE BY MAIL
Click to expand...

Edits: Deleted the attachment, added a link to better quality content and adjusted the post to reflect that.
 
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Re: Disclosure request forms!!!

Just wondering about a careless with no accident. Cop was horny for us, saying he wanted to charge us with the new stunting law, but came to the conclusion of careless. Wrote on my friend's ticket speeding, crossed it out, and put careless. Said he was "really busy" and basically tried to bully us around. We were completely calm and apologetic, he was a dickhead. Told us we shouldnt bother fighting it because we won't win, and if he caught us doing even 5 over he'd hit us with everything. Basically trying to ******** us. Anyway, his story is that we were weaving thru traffic carelessly, even though we both signaled, shoulder checked, and had plenty of room in each lane change. Never admitted anything to him, just asked what we did wrong. he said we did 95 in a 50. Also said we passed a car in parking lane, even though it's actually a merge lane that we both passed the car. We both stopped at two sets of lights, so it seems impossible how he would have seen us up the road where he accused us of this erratic driving. When we were stopped at the one light, it was a good 30 seconds we were there until he flew up and stopped on the wrong side of the road. And from what weve both heard, this officer tends to bs people into tickets, or at least tries to. Already hear two stories of how he made up stories to try and peg someone with a ticket, when they clearly did nothing wrong. A ticket for something completely unrelated.
 
Re: Disclosure request forms!!!

^ Lawyer time. A real one. Make sure you prepare the lawyer with everything needed to let the lawyer knock down the officer's case, and DON'T say a word more about it here until the case is done.

edit: Speak to the lawyer about the advisability of filing a complaint against the officer and/or investigating the possibility of "malicious prosecution". Overbearing police officers will only stop if someone tells them to stop.
 
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Re: Disclosure request forms!!!

With how much lawyer fees cost and all that, it seems more worth it to just pay the fine. I don't need the points. That's all I'm worried about. Hiring POINTS is useless as well. They cost $500 or more, and mostly don't help anyway.
 
Re: Disclosure request forms!!!

Tickets even without demerit points negatively impact your insurance rating. One will probably do nothing to an experienced driver, but a 2nd one will raise your rates significantly. There are reliable paralegal services like Redline, that will do whatever's possible to have the charges thrown out in case you don't have the time/skill to represent yourself.
 
Re: Disclosure request forms!!!

jibbijib said:
With how much lawyer fees cost and all that, it seems more worth it to just pay the fine. I don't need the points. That's all I'm worried about. Hiring POINTS is useless as well. They cost $500 or more, and mostly don't help anyway.
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Based on your previous post, the charge was "careless driving"?

If that is the case, you DEFINITELY want to get it reduced, and doing that WILL require going to court. A "careless" charge, which is what will happen if you just pay it, is considered a "major" charge by insurance companies. Now the question is, do YOU have the skills and experience to defend yourself against this charge?
 
Re: Disclosure request forms!!!

^^^ Thank you.

The more I've talked about it with others, the more I've been able to find out what things I can do and say in order to put the ball into my court while in trial. Will definitely be getting the officers notes in order to do some research and see what holes he might have left in them.

After talking with others, it seems as long as I prove that our riding wasn't careless in the least bit, that there were no reprocussinos from other drivers or pedestrians, there is really no point in giving a careless charge. There is no evidence of either of us driving carelessly.

I've been told to "play stupid" and to get the officer to try and prove that it was us, and not another pair of bikes. I had a passenger, and if the officer says that there were no passengers, thats a slip up on his part. I've been told, the more times the officers story looks fabricated, and doesn't fit together, the easier it will be for us to win the case. As long as our story is solid and matches, then we can win the case.

I noticed on my ticket that the officer marked "no witnesses". Does my passenger count as a witness or no? I would think she would count.
 
Trowa said:
I got a stupid ticket on a residential road.

booked for 50km in a 40km zone. Real booking speed was 55km in a 40km zone.

Of course this ticket holds no points but I'm fighting it on principle.
I've received my disclosure and there seem to be some errors on it.

First page reads,

CS42A 4280
BEE III DIRECTIONAL
RADAR SYSTEM

Test 235 pm
540 pm

I was parked S/B W/S
#214
FRT Window NB
RR Window SB

Dry Sunny Clear


Now he said he was parked S/B W/S ( So south bound, on the west side ) But then he goes and says that his Front window was NB ( north bound ) and Rear window was SB (South bound ). This can't be correct if he wrote that he was parked Southbound, which means that his front window should be Southbound facing.

on the 2nd page.

all that is written is


55 / 40
C / A
1 m ( or it could be two 00)s

cops writing was damn messy and I couldn't read what it said after the 1. As well the C in the 2nd page could be something else.

Could I in my defence use the fact that he falsified his position. I know its a technicality but any suggestions?

Ticket was given back in June 2008 and trial date is May 2009.

Any suggestions would be appreciated.
Click to expand...

anyone?
 
Brian said:
3.1.1) What are my options if the officer did notshow up?
Ask the crown if their witness (i.e. the officer(s)) is present, or is planning on showing up. If the officer isn't planning on showing up, then your charge will be dropped if you proceed to trial. Sometimes the crown may be sneaky and try to get you to plea-bargain, but if the officer is not present and is not going to show up, then do not accept the plea-bargain and ask for a trial. Your charge will be dropped - the crown cannot proceed to trial since they have no witness to back up the charge and would lose in a trial.
Click to expand...

First time poster here, got nabbed for running a stop sign. I was wondering, if I ask the crown whether or not the officer is present/plans on showing up, are they allowed to lie to me and claim that they are/will in order to try and get me to agree to a plea bargain? And would they be expected to attempt to do this?
 
I received a speeding ticket July 1st @ 1 Danforth Ave via Laser across the bridge. I live in Kingston so as per my right I filed a Notice of Intention with my local Ontario Court Office today July 6th which they stamped filed. They told me I need to either mail or fax the NOI to the court office listed on the ticket which is the 137 Edward St office.

This is a 15 over fine so only $52.50. I have been told these tickets can take 12-14 months to actually have a court date. If that is accurate my two current outstanding tickets will drop off before a court date which will save me huge!! So it's in my best interest to delay this conviction at a bare minimum.

Has anyone ever filed an NOI with a different Ontario Court Office then the one listed on the ticket?

Any suggestions as to whether faxing would be sufficient since this provides a 'sent successful' receipt or should I send the NOI via registered mail? Of course now my big challenge is to find out the fax number since they wouldn't want to make things too easy. Any tips fellas?
 
I got a speeding ticket a couple months ago for 65 km/hr in a 50 zone. I was doing 74 km/hr. I decided to fight it in court. I read this entire thread to see what my best course of action is.

When I showed up this morning for my court appearance, the crown asked me what I am going to do. I asked if their witness was planning on showing up. She asked again, what are you going to do. I said I haven't received disclosure yet, but if the officer isn't going to show, we might as well proceed with a trial. She wouldn't give an answer, but told me she will call the cop in for trial if I decide to plea not guilty. I told her lets move forward and I plan on a plea of not guilty (thinking she is bluffing). As they move through the cases that are a guilty plea, I see the officer show up. :eek: We had a break and I decided to talk to him. He didn't recognize me. I asked him about his job and explained that this $52.50 ticket with no points will cost me almost $2,000 in insurance even though I have a clean record and am 43 years old, never had an accident or anything. I told him I considered requesting an adjournment to get disclosure. He seemed somewhat sympathetic and talked to the biotchy crown. When I went in front of the judge, the crown said "I am not sure what the plea is in this case". So I asked for an adjournment. It was granted.

It seems obvious that if the cop shows up, there is no way out of this. So when I go back in a month, I am going to plea guilty because I can't win even if I am innocent. :( The only thing that can save me is if his disclosure is seriously messed up.
 
If they didn't give you a disclosure and you requested it on time, you had grounds to have the case thrown out.
 
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