Speeding ticket question

[GPIDEAL]

Whatever you do, fight the ticket regardless. DO NOT plead guilty. If you fight the ticket, they always plea bargin to save time. They will knock your ticket way down and more importantly, you'll loose no points.

If your offence is not serious or excessive, first try to the reconciliation process (plea bargain). If that fails, then you can set a trial date, HOWEVER, they will put your request for a trial on top of the pile.

The importance of this distinction is that you might not get a chance to have your case indefinitely stayed due to delay of trial which contravenes the Charter Section 11 (b) for your right to a prompt trial.

The other advice is to ask for disclosure as others have said above. Most paralegals get a client off because the officer doesn't prepare the paperwork pursuant to a disclosure request.

 

[black booty lover]

but your insurance record will still show on file and your rates will go up, points or no points, whether it's a big fine or a small fine.

not true at all.

 

[thecuriousgeorge]

So i did end up going in before the ticket date and time...the guy at the counter says it doesnt make any difference as they can fix that...
To answer some prev questions..

I dont mind the insurance hike...its the points i care for...i have 8..1 conviction in the past 3 yrs..not excessive 56 in a 40 and he gunned me less than 20 ft from when it turned from 50 to 40.....i even asked if he thought it would be safe to brake that hard just to slow down...he said not my problem..

I'll revive this thread after the court date to let u know how it went...thanks for the input fellas

 

[black booty lover]

So i did end up going in before the ticket date and time...the guy at the counter says it doesnt make any difference as they can fix that...
To answer some prev questions..

I dont mind the insurance hike...its the points i care for...i have 8..1 conviction in the past 3 yrs..not excessive 56 in a 40 and he gunned me less than 20 ft from when it turned from 50 to 40.....i even asked if he thought it would be safe to brake that hard just to slow down...he said not my problem..

I'll revive this thread after the court date to let u know how it went...thanks for the input fellas

They will knock the fine down big time, you'll loose no points and your insurance won't go up a dime.

 

[gww]

They will knock the fine down big time, you'll loose no points and your insurance won't go up a dime.

Insurance companies do not look at the # of points or the amount of the fine. They look at the offence you were convicted of.

 

[desigambler]

Insurance companies do not look at the # of points or the amount of the fine. They look at the offence you were convicted of.

Just to add another point to this. insurance gangs also looks at your postal code. several postal codes in GTA are flagged. If you happen to live in one of those flagged postal code even with clean slate, your insurance will be way higher than people living in orangeville, georgetown, barrie, guelph and other towns outsides of gta.

 

[chutsucker]

I have had my share of traffic ticket fights and research.

1. Step 1 - apply for court date - I understand you already did this.
2. When you receive the court date, check the details in the letter. Do they match your ticket? DO NOTHING either way. Just take note.
3. Request complete disclosure from prosecution (format available at www.ticketcombat.ca) - never leave your phone number on the request. Just your mailing address. Send repeated requests every 2 weeks by fax, keep records of fax transmission.
4. On the trial date - DO NOT attend or send any representative. The justice of peace cannot rule over a faulty ticket without trial. If you are not present, the trial cannot take place and they cannot correct. He cannot rule either. Either the ticket is dropped or if the JoP rules, file for appeal.
5. The ruling will be over-ruled on technicality and the charges dropped.

Good luck.

CS

 

[Babypowder]

Just to add another point to this. insurance gangs also looks at your postal code. several postal codes in GTA are flagged. If you happen to live in one of those flagged postal code even with clean slate, your insurance will be way higher than people living in orangeville, georgetown, barrie, guelph and other towns outsides of gta.

why should someone pay the same rate as some one who lives in an area where accidents happen all the time?

 

[thompo69]

I have had my share of traffic ticket fights and research.

1. Step 1 - apply for court date - I understand you already did this.
2. When you receive the court date, check the details in the letter. Do they match your ticket? DO NOTHING either way. Just take note.
3. Request complete disclosure from prosecution (format available at www.ticketcombat.ca) - never leave your phone number on the request. Just your mailing address. Send repeated requests every 2 weeks by fax, keep records of fax transmission.
4. On the trial date - DO NOT attend or send any representative. The justice of peace cannot rule over a faulty ticket without trial. If you are not present, the trial cannot take place and they cannot correct. He cannot rule either. Either the ticket is dropped or if the JoP rules, file for appeal.
5. The ruling will be over-ruled on technicality and the charges dropped.

Good luck.

CS

You were doing fine until you got to step 4....

If the accused does not show he can, and will, be tried in absentia, convicted, and be assessed court costs on top of the fine.

 

[chutsucker]

You were doing fine until you got to step 4....

If the accused does not show he can, and will, be tried in absentia, convicted, and be assessed court costs on top of the fine.

Technically that is a flawed ruling and will be reversed on appeal. That exactly is the plan.

CS

 

[thompo69]

Technically that is a flawed ruling and will be reversed on appeal. That exactly is the plan.

CS

There is nothing flawed about it. It is SOP and entirely permitted under the HTA and the POA.

 

[black booty lover]

Insurance companies do not look at the # of points or the amount of the fine. They look at the offence you were convicted of.

This is true, but I think when you fight it and they offer you a plea bargin, technically your not convicted. I think it goes under something else. That way the gonverment still gets some money, takes up less of the courts time, and your insurance isn't effected so everyone is happy.

Twice I've been pulled over for not having valid stickers. I just went and got it fixed, faught it and basically was given a minor fine but wasn't "convicted" so my insurance never went up.

 

[Babypowder]

This is true, but I think when you fight it and they offer you a plea bargin, technically your not convicted.

incorrect

 

[chutsucker]

There is nothing flawed about it. It is SOP and entirely permitted under the HTA and the POA.

You are missing my point. The justice is allowed to rule n absentia - but his ruling will be easily thrown out by the appeals court when the OP proves the incorrect date. When the OP was not present at the alleged infraction location on the date of the ticket, he cannot be convicted and any ruling for that date will not stand. To JoP who knows about it - will not rule at all and throw the ticket out. A relatively new JoP might rule in error and that will be thrown out on appeal. If the OP is not present at the first hearing, the prosecutor or the JoP CANNOT change the particulars of the ticket and rule in his absence. If the JoP rules, it will be as per the ticket issued.

Hope you get my point.

Good luck.
CS

 

[black booty lover]

incorrect

Well I know people that have had lots of speeding tickets and plea barginned and not once has there insurance gone up, so if insurance companies are looking at your convictions, why wouldn't their insurance go up?

 

[bretthart]

You are missing my point. The justice is allowed to rule n absentia - but his ruling will be easily thrown out by the appeals court when the OP proves the incorrect date. When the OP was not present at the alleged infraction location on the date of the ticket, he cannot be convicted and any ruling for that date will not stand. To JoP who knows about it - will not rule at all and throw the ticket out. A relatively new JoP might rule in error and that will be thrown out on appeal. If the OP is not present at the first hearing, the prosecutor or the JoP CANNOT change the particulars of the ticket and rule in his absence. If the JoP rules, it will be as per the ticket issued.

Hope you get my point.

Good luck.
CS

He has 10% chance of ending up in front of a competent JP. 90% are dumb as a bag of nails and rely on the lead of the Crown. 100% of the Crowns will NOT do the right thing if it means losing a case.

However, the rest of the information is correct. The odds are the JP will rule on advice of the Crown and you can appeal. Then again the odds of you receiving disclosure is about 50%. If you had a dashcam you could have requested a video/audio court room and my guess is 99% that charge would have been dropped before the court date.

 

[bretthart]

Well I know people that have had lots of speeding tickets and plea barginned and not once has there insurance gone up, so if insurance companies are looking at your convictions, why wouldn't their insurance go up?

It's not going up because the Insurance Companies have to do a very detailed search to bring up tickets that do not involve demerit points. They don't do that so most people get away with it if it involves no Demerit points.

 

[chutsucker]

He has 10% chance of ending up in front of a competent JP. 90% are dumb as a bag of nails and rely on the lead of the Crown. 100% of the Crowns will NOT do the right thing if it means losing a case.

However, the rest of the information is correct. The odds are the JP will rule on advice of the Crown and you can appeal.

That's your chance for overturning the conviction. No harm done.

Then again the odds of you receiving disclosure is about 50%. If you had a dashcam you could have requested a video/audio court room and my guess is 99% that charge would have been dropped before the court date.

The non-availability of disclosure goes against the crown, delay's trial and and strengthen's your argument for chapter 11B filing.

Eitherway, you dont lose.

CS.

 

[thompo69]

You are missing my point. The justice is allowed to rule n absentia - but his ruling will be easily thrown out by the appeals court when the OP proves the incorrect date. When the OP was not present at the alleged infraction location on the date of the ticket, he cannot be convicted and any ruling for that date will not stand. To JoP who knows about it - will not rule at all and throw the ticket out. A relatively new JoP might rule in error and that will be thrown out on appeal. If the OP is not present at the first hearing, the prosecutor or the JoP CANNOT change the particulars of the ticket and rule in his absence. If the JoP rules, it will be as per the ticket issued.

Hope you get my point.

Good luck.
CS

I get what you're saying, it's just wrong. On so many levels it isn't worth breaking it down.

 

[buttercup]

You are missing my point. The justice is allowed to rule n absentia - but his ruling will be easily thrown out by the appeals court when the OP proves the incorrect date. When the OP was not present at the alleged infraction location on the date of the ticket, he cannot be convicted and any ruling for that date will not stand. To JoP who knows about it - will not rule at all and throw the ticket out. A relatively new JoP might rule in error and that will be thrown out on appeal. If the OP is not present at the first hearing, the prosecutor or the JoP CANNOT change the particulars of the ticket and rule in his absence. If the JoP rules, it will be as per the ticket issued.

Hope you get my point.

Good luck.
CS

Two points.

It appears (post #25) that our boy has already (in a fit of insanity) informed the counter-clerk that the date is wrong. It's quite likely, therefore, that the clerk will have made a note on the file, and the prosecutors will see the note when they pick the file up - prob pre-trial. So the date will be corrected before trial. So, he has no defence to the charge, at trial. The absentia ruling will not be overturned on appeal, and our boy will be dinged for costs.

Secondly, even if the wrong date is not corrected, isn't it far more likely, if the accused is not present, that the JoP will simply adjourn the trial? First time, anyway, and assuming there's no history. Once again, our boy will be dinged for costs.

Hmm?