Pickering Angels

Good story about traffic court in today's Star

S.C. Joe

Client # 13
Nov 2, 2007
7,139
1
0
Detroit, USA
With all the traffic ticket questions surprise this hasn't been posted yet. I learn something new too when accepted a plea deal, just say guilty and nothing else or the judge may not accept your plea. Sounds like if you have the time it worth going down to court, at the least you should get offer a reduced fine :)



Cutting a deal in city traffic court

http://www.thestar.com/news/gta/article/584484

Peter Small
COURTS BUREAU

Daniel Peters stands in front of Justice of the Peace William Ross and pleads guilty to disobeying a traffic sign.

But before the JP accepts his plea, the lanky salesman tries to explain what happened when he turned left onto Edward St. from Bay St. in downtown Toronto.

He couldn't see the two no-left-turn signs because a bus and tree were blocking his view, he insists.

"I've seen a lot of people fall into the trap," the 30-year-old Brampton man tells the justice of the peace, adding that city ought to do something about it.

The grey-haired, soft-spoken JP, who has been patient with dozens of traffic miscreants this particular morning, looks momentarily pained. He tells Peters he cannot accept his guilty plea. "You have to come back another day."

Welcome to Toronto traffic court, where thousands of people come to dispute their tickets or plead guilty, hoping for a deal.

What they often get is a crash course in the justice system.

In the hallway outside the courtroom, prosecutor Jeannette Markle tells Peters why he blew his guilty plea. Not seeing a sign is no excuse, she says. "It's up to you as a driver to see every sign."

He looks puzzled.

"I only wanted to make sure the situation is better," he says.

The JP took his explanation as a de facto defence, it seems.

Now he has to come back in March to either plead not guilty and have a full trial, risking a maximum $500 fine instead of the $60 fine he was offered by the prosecutor, or plead guilty again.

"I feel like we're kind of being pushed like cattle," says Peters, who asked that his "professional" name rather than his real name be used.

Last year, Toronto's court services handled 625,000 traffic charges. About half the people charged asked for a trial date, says Barry Randell, director of Toronto's court services. "It's the court where more people go than any other."

Every day, a half-hour before court opens, city prosecutors Markle and Valerie Hawkes sit behind a table in the hallway outside Court H, at Old City Hall, one of three courthouses dealing with Toronto traffic matters. On this day, more than 100 people – in two shifts – are on the docket. Many want to speak to the prosecutors, as do several paralegals. Matters move quickly.

"Were you going faster than 40 km/h?" Markle asks a woman.

"Yes," the woman says.

"I can reduce it to no-points, okay?" she asks.

The woman accepts. Next person.

A man insists he didn't run a red light. "I feel strongly it was a yellow light," he tells Hawkes.

"Are you aware that yellow lights are the same as the red light?" Hawkes asks.

Markle offers a tall young man named Christopher Brown a reduced speed of 55 km/h in a 40 zone. He accepts.

Then she asks about his two other charges: driving without proof of ownership or insurance. Brown explains that he was driving his dad's car, which was so messy he couldn't find the papers.

"When I got home my father said, 'Oh here they are,' " Brown says.

Markle says she can withdraw those two charges. A 10-year-veteran of Toronto court service prosecutions, Markle says her first priority is to find out whether a person is pleading guilty or not. "A lot of times people come here and say, `Tell me what to do.' I say, `You have to tell me what you want to do.'"

By agreeing to plead guilty, they are taking responsibility for their actions, she says, and at this point the prosecutors can allow them to plead guilty to a lesser infraction or at least pay a lower fine.

Hawkes, who started as a municipal prosecutor last June, says most people come without legal representation. "So we try to tell them their options right up front. Even though it's a simple process, it's still intimidating."

Inside the courtroom, as proceedings begin, nearly every bench is filled. Several paralegals step up first, quickly and efficiently dealing with two or three cases at a time.

Then come the ordinary folks, some stumbling, unsure, in what is often a comedy of errors.

Language barriers abound.

Although translators are provided upon request, some people who haven't mastered English plow on without their help.

It can lead to misunderstandings.

When the JP asks one man if he is being forced to plead guilty, he answers, "Yes."

"Are you being forced?" Ross asks, eyebrows raised.

"No, sir," quickly amends the man, in heavily accented English, when he realizes what he has done.

Brown stands and pleads guilty to driving 55 kilometres in a 40 zone and is fined $45. As arranged, Markle withdraws the charges of driving without proof of ownership or insurance. Outside court, Brown calls the process a waste of time and taxpayers' money. Why did the police officer charge him with failing to provide the documents if the counts were going to be dropped in court, he asks.
 

Brotherman

Active member
Jan 17, 2004
1,157
4
38
Why would you plea guility? Apply for a court date. You know these convictions are on your driving record for three years, not to mention the police have it on their file forever. The MTO has direct access to your driving record when it comes time to renew your auto insurance. You want high insurance rates? Obviously not. So apply for a court date. No matter how much you reduce the charge, (even its $45), you're still convicted! And no conviction works in your favour.
 

S.C. Joe

Client # 13
Nov 2, 2007
7,139
1
0
Detroit, USA
Yeah but if you were ticketed for 40 km/h over the limit and they offer you 10 km/h over, its best to take the plea deal and plea guilty.

Not sure if they cut tickets down like that in Toronto, I seem to stop getting tickets once I turn 30 long ago. But in the past I got some good breaks in the states once in court--but not always. Fought a few tickets all the way but only won once--and the cop was pissed off I could see, lol. (road was closed to thou traffic because it was all re-done but 2 weeks later they still didn't open it up all the way but a few cars were driving on it anyways, told the court I seen the other cars and thought the road was finally open-it was late getting done as it was)
 

Brotherman

Active member
Jan 17, 2004
1,157
4
38
But if you ever wanted to become a cop, they have strict rules on convictions. you need to keep your record clean as possible. only pay if you have no other choice, ie travelling to the court house is hours away from where u live.
 

tboy

resident smartass
Aug 18, 2001
15,971
2
0
63
way out in left field
Here's a reason the system works the way it does:

Why did the cop charge you if the prosecutor is going to either drop or lessen the charge? For a couple of reasons.
1) Many get more than a little scared just being charged. Maybe enough so the next time you're stopped, you'll have all your documents with you. Even then, if you didn't have a good enough explanation, the prosecutor might not drop the charge.
2) Even though you might not be charged the full amount, or speed over, etc it still cost you. Time off work, the pain to get down to the court, etc etc. Might be enough to make you think twice about speeding/failing to yeild, illegal turn etc.
3) Not everyone fights tickets. Most are man enough to realize their mistake and man enough to just pay the fine and accept their punishment.

I can bet dollars to donuts that if someone was charged with DUI the prosecutor wouldn't offer an illegal left turn charge....They'd nail you to the wall. We're talking minor offences here......

Think of those numbers though: 625,000 divided by 52 weeks, that's over 12,000 a day. We don't have 1,000 traiffic courts so that's a shit load of cases every day.
 

Aardvark154

New member
Jan 19, 2006
53,768
3
0
The details change but this story is quite similar from jurisdiction to jurisdiction.

It is often said that people in traffic court fight more vehemently than hardened criminals in Superior Court. There are I believe several interconnected reasons for this: Those in traffic court save for “frequent flyers” are generally unfamiliar with the system. They don't consider themselves to be "real criminals." Like Mr. Peters they want to “explain” and don’t like “yes or no” questions. Like Mr. Brown many (although far from all) are ungrateful for being given a break. A fair number are convinced that being offered a plea is a sign of a fundamental weakness in the case rather than a desire for efficiency or a realization that although the defendant doesn’t have a legal leg to stand on there is a equitable argument to be made. Then they are madder than the “little wet hen” when found guilty having rejected the offer
 

S.C. Joe

Client # 13
Nov 2, 2007
7,139
1
0
Detroit, USA
Even DUI can be change to impair driving here in the states if its your first time and your lawyer can get a plea deal workout. In the past they even changed it to reckless driving or if your really lucky (make that know the right people :cool: ) careless driving.

But yeah good luck and its going to cost you $$$$.

As for being "man enough" I don't see it that way...some just don't know or have the time to fight it or get this...are NOT man enough to go to court and ask-hope for a reduced charge.
 

Keebler Elf

The Original Elf
Aug 31, 2001
14,668
294
83
The Keebler Factory
90% of the people are guilty as sin and just looking to get off. That's the real reason the courts are backlogged.

There should be a hefty service charge for those fighting minor offenses who lose.
 

S.C. Joe

Client # 13
Nov 2, 2007
7,139
1
0
Detroit, USA
Some times the police get carried away and over charge the person knowing if the person goes to court the ticket or tickets will be reduced.

I will say not all traffic signs are clearly mark and easy to see. No turn signs should also be hung right up by the traffic lights. Some are but not all. Speed limits drop sometimes but the road seems no different in the 90 km/h zone from the 100 km/h zone, many times it does later on but the speed limit goes down before the road seems different...if you are in the middle lane or even looking straight ahead and looking for space to switch lanes or glace behind in heavy traffic you may miss the sign.

What gets me traveling on the 402-401 from Michigan-Toronto is the speed limit is not enforced the same at all times. I have been going 115 km/h and seen a few cars passing me up going at least 120 km/h and a white police car coming the other way and the police keep going, not even flashing their lights. Other times a car going 115 km/h could be stop- in the same type of weather.

No radar detectors are great..they are, the jerks in my area slow down below the speed limit when their radar detector lights up. I always get away with going a few miles 2-3 over the limit pass the police but many are like too chicken around here. In Canada almost everybody goes 105 km/h or more if a cop car is around in a 100 km/h zone. Now Mich does have a 70 mph or like 112 km/h limit so going 115km/h is always ok if the weather and traffic is in good shape. (but tell that to guy's with their $300 radar detectors, lol.)

The biggest error I notice on the road is following other cars too close and switching lanes to quick before your car is a few cars ahead..many seem to think 1 car length at 110 km/h is enough. In heavy traffic yeah I drive the same way but not when few cars are on the road, what is the big rush to get over then?
 

Aardvark154

New member
Jan 19, 2006
53,768
3
0
S.C. Joe said:
Some times the police get carried away and over charge the person knowing if the person goes to court the ticket or tickets will be reduced.
Depending upon the offense it is sometimes also police speak to the Crown/ADA for: talk to me before you offer any plea, this person was a total jerk.
 

tboy

resident smartass
Aug 18, 2001
15,971
2
0
63
way out in left field
Joe: you've been driving long enough to know what you can and cannot get away with.

I SO hate seeing a cop car on the highway. All the losers doing 100 kph right next to him blocking off all lanes of traffic. I bet cops do the exact speed limit on purpose just to fuck with people. Whenever I approach a cop car on the highway I set my cruise for 105 - 110 kph and slowly creep away from him. I've been doing this for about 25 yrs now and have NEVER been stopped.

Why you do get stopped sometimes and not others? Many times the OPP announces a zero tolerance weekend blitz or something and they stop every car for any infraction. Kind of like a reminder to everyone that the HTA laws are there.

Why the speed limit changes on various roads even if there are no changes in the road itself: Next time you come across one of these changes look around. You'll probably see a school, old age home, increase in store fronts or increase in residential buildings, funeral home, cemetary or something like that. It's not just the road that detemines speed, it's the area.

If you watch any of those cop shows on tv you'll see lots of people get tickets when the speed limit changes like this. They seem to think that they don't have to start slowing down until after the sign. This is incorrect and police love these areas for speed traps. If you have legal vision, you should be able to see the sign, and slow to the posted speed before you reach the sign. If you can't see the sign then you really should get your eyes checked. Sure, sometimes there's a truck or a bus in the way but in Ontario, they post a "reduced speed ahead" sign before the actual speed limit sign.

As for radar detectors. I never could understand why Ontario Banned them. I always thought a great idea to stop speeding would be to set up radar guns every 20 kms or so along the highway so that anyone with a detector would never speed because the detector would always be going off. A similar thing the OPP tried a LONG time ago was to just park police cars on the shoulder of the 401 outside the city so everyone would see it and slow down. But there wouldn't be anyone inside. It was just parked there empty lol. I also seem to recall them doing this and putting a mannequin in the driver's seat but I'm not 100% on that.

The point is the MTO and the politicians want people to slow down, but the police really don't. They (and the province) get an added source of income from tickets so if no one broker the law, taxes would have to be increased to offset this lost revenue. It's kind of a catch 22: less police=less costs=more infractions. more police=more costs=more tickets. this goes the same for criminal laws as well. The law abiding citizens pay via taxes and being victims for the law breaking citizens.
 

Perry Mason

Well-known member
Aug 20, 2001
4,682
208
63
Here
tboy said:
Think of those numbers though: 625,000 divided by 52 weeks, that's over 12,000 a day. We don't have 1,000 traiffic courts so that's a shit load of cases every day.
What grade did you get in mathematics in Grade 4? :D

Perry
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,486
12
38
Other people's foolishness and minor difficulties can be entertaining but there's nothing new in the tale. Except maybe for the TERBies who keep showing up here asking how to fight/get out of their tickets.

In the story, the biggest lesson for them: If you want to get off, you have to have the chutzpah to stand up and say "I am not guilty" before you get to tell your side. Can't do it? Then you're stuck with "Guilty, with a sob story".
 

tboy

resident smartass
Aug 18, 2001
15,971
2
0
63
way out in left field
Perry Mason said:
What grade did you get in mathematics in Grade 4? :D

Perry
oops, week...doh (typo not a math error lol)......ok, over 6,000 a day....
 

Perry Mason

Well-known member
Aug 20, 2001
4,682
208
63
Here
tboy said:
oops, week...doh (typo not a math error lol)......ok, over 6,000 a day....
Hhmmm... what grade did you get in maths yesterday? :D

Perry
 

Hammerstein

bored and sleepless again
tboy said:
oops, week...doh (typo not a math error lol)......ok, over 6,000 a day....

Sorry dude try about 2500/day. It would be less than that if the courst were to operater on weekends and stat holidays.
 

danmand

Well-known member
Nov 28, 2003
46,994
5,598
113
I have not had the pleasure of going to the traffic court in Toronto, but
I recently went to the one in Brantford. There were more policemen than
charged people there, so forget about the cop not showing up.

It seems that everybody almost automaticall gets a notch down on their
convictions if they agree to a deal with the prosecutor. However, the police
have already anticipated that. I was clocked at 130, and in the good old days
the policeman would have given me a 20 over ticket and I would have paid up.
Now, he gives me a 30 over, and I have to go and get it reduced by the
prosecutor to 25 over. Net result=same deal.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,486
12
38
Hire enough cops to enforce the 100km limit and enough Crowns and JPs in enough courtrooms and that farce might stop. Or the law might get changed. But there's no danger of either.

The farce be with you.
 
Toronto Escorts