What to do when you want to fight your ticket in court (new) | Page 4 | GTAMotorcycle.com

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

Re: Minor changes to getting disclosure, why you should fight your ticket

Resurrecting an old thread! I hadn't come across this specifically while searching; I got my disclosure today and all they sent me was an info pamphlet and a spec sheet for a stalker radar gun. My trial is next week, so time is short but is this absence of any notes good for an adjournment or dropping the charge? Just a minimum speeding ticket, but still I'd like it to go away.
 
Re: Minor changes to getting disclosure, why you should fight your ticket

Not getting a copy of the officers notes is cause for an adjournment but the trick is that you want THEM to adjourn or you'll lose the ability to file 11b against them (your right to a speedy trial).

I went through this at court, they tried to send me into the hall for 10 minutes to ask the cop any questions i wanted about his notes. Don't fall for it. Tell the judge and JP you have a right to see them and prepare an adequate defense. Hopefully you sent your request in via registered mail and have receipts, bring copies of them and the request to court. Don't tell the JP you want to adjourn, tell him your rights were violated and you want the case thrown out...but politely.
 
Re: Minor changes to getting disclosure, why you should fight your ticket

I essentially locked up my rear brake (No ABS, hit the brake too hard) before a right hand bend in the road and slid off the road. There were no witnesses to the accident and essentially no other evidence in the police report other than a statement of a clear road & tire marks (which had no exact description); the opp officer arrived after the ambulance and quite a few cars passed by in the meantime as well (lots of traffic clearing the debris on the road). I was handed a careless driving ticket. I'm fighting it with a legal representative now and I have two options: 1) accept a lesser charge of maybe 2 demerit points 2) take it to a judge. Has anyone else been in a similar situation or known someone who has? The officer only has circumstantial evidence and I feel like I can provide a reasonable excuse for the accident. I feel like I have a strong case with the judge, but IF I lose im handed 6 demerit points.
 
Re: Minor changes to getting disclosure, why you should fight your ticket

Be very careful ... "hit the brake too hard" is something that you're responsible to not do. Let your legal representative do his job and do what he says you should do. Admitting that you did something that led to the crash (which, essentially, you did) = "guilty". Admitting that you were going too fast for conditions which led to that situation (which, essentially, is what you did in the eyes of the law ... it's your responsibility to control your speed appropriate for conditions such that you don't crash) = "guilty".

You're paying for that legal representative. Let your representative do their job, and do what they tell you to do.

There's a pretty high chance that the charge can be knocked down from careless to something lower. Personally, if offered a less serious charge in that situation, I'd take it.
 
Re: Minor changes to getting disclosure, why you should fight your ticket

+1 for Brian's well thought out response.
 
Re: Minor changes to getting disclosure, why you should fight your ticket

Thank you for the detailed opinion Brian!
 
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Say no more. Don't explain yourself any further. Do what Brian said above.
 
Do exactly as Brian suggested. You "may" think you have a reasonable explanation for why te collision happened. But courts look at it VERY differently. essentially you were the only vehicle involved therefore, had you done/not done something differently, then the collision wouldn't have occurred. The court will look at it and basically deduct single vehicle collision, if the rider had been riding prudently, then there is no reason for a collision, therfore in the courts mind collision = careless rider
 
Re: Minor changes to getting disclosure, why you should fight your ticket

Andrew89 said:
I essentially locked up my rear brake (No ABS, hit the brake too hard) before a right hand bend in the road and slid off the road. There were no witnesses to the accident and essentially no other evidence in the police report other than a statement of a clear road & tire marks (which had no exact description); the opp officer arrived after the ambulance and quite a few cars passed by in the meantime as well (lots of traffic clearing the debris on the road). I was handed a careless driving ticket. I'm fighting it with a legal representative now and I have two options: 1) accept a lesser charge of maybe 2 demerit points 2) take it to a judge. Has anyone else been in a similar situation or known someone who has? The officer only has circumstantial evidence and I feel like I can provide a reasonable excuse for the accident. I feel like I have a strong case with the judge, but IF I lose im handed 6 demerit points.
Click to expand...
Hello
Any updates to your case?
I have a very similar situation

Sent from my Nexus 6P using Tapatalk
 
Not sure if this has been added to this thread, so adding now.

1/ The officer does not have to be in attendance anymore for some cases. Search "York (Regional Municipality) v. Iagolnik - [2022] OJ 3125" Certified evidence caselaw.

2/ If you can file an 11(B), it must be filed before the trial date.
 
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