Any luck beating speeding tickets?
03-17-2009, 11:28 PM
#91
Instructor
Join Date: Jan 2007
Location: North York
Posts: 114
Likes: 0
Received 0 Likes
on
0 Posts
I beat that rap ona similar circumstance.
You have to meet wit the DA before trial date and have him speak to the judge on your behalf. The judge will find you guilty unless oyu have the DA on your side.
As for a first attendance and if you can convince the DA your golden.
You have to meet wit the DA before trial date and have him speak to the judge on your behalf. The judge will find you guilty unless oyu have the DA on your side.
As for a first attendance and if you can convince the DA your golden.
03-20-2009, 09:50 PM
#92
Advanced
Join Date: Nov 2008
Posts: 77
Likes: 0
Received 0 Likes
on
0 Posts
911 Rod. The first thing you need to do is follow the procedure to set up a court date and request disclosure which are the notes the officer takes when he gives you the infraction. You don't need to talk to anyone to do this, just do it. If you never receive the disclosure, then the officer can't be a valid witness to the offence and the case is dismissed as there is no way the officer will accurately remember your case 6 - 12 months down the road when your case is heard.
If you do get the notes, then you can look for errors or things that you don't remember being the same as they were written. A buddy of mine got off a case because the notes were written in some police short hand. He told the Justice of the Peace that he could not understand the notes. The JP asked to see them and agreed that he could not understand them either and threw out the case.
If you don't get the disclosure, then you are good to go. If you do, then you can decide to share it with a lawyer or ex-cop service to help you fight. Please keep in mind that if you went to court, in most cases, you could negotiate a reduction from the prosecutor before the case even begins and I find often that the ex-cops tell you not to show up, then they go to the prosecuter and tell them you will plead guilty to a lessor offence which is granted. Meanwhile, you have paid them $300.00 - $500.00 to do what you could have done yourself. If you decide to use a service, tell them that you are not interested in a reduction, but a complete dismissal of the charges. Let them know that you understand you can get a reduction yourself for free.
My 2 cents.
If you do get the notes, then you can look for errors or things that you don't remember being the same as they were written. A buddy of mine got off a case because the notes were written in some police short hand. He told the Justice of the Peace that he could not understand the notes. The JP asked to see them and agreed that he could not understand them either and threw out the case.
If you don't get the disclosure, then you are good to go. If you do, then you can decide to share it with a lawyer or ex-cop service to help you fight. Please keep in mind that if you went to court, in most cases, you could negotiate a reduction from the prosecutor before the case even begins and I find often that the ex-cops tell you not to show up, then they go to the prosecuter and tell them you will plead guilty to a lessor offence which is granted. Meanwhile, you have paid them $300.00 - $500.00 to do what you could have done yourself. If you decide to use a service, tell them that you are not interested in a reduction, but a complete dismissal of the charges. Let them know that you understand you can get a reduction yourself for free.
My 2 cents.
THANK YOU
03-22-2009, 08:53 AM
#93
Racer
Just a side note for you guys looking to fight your tickets. Iceman’s advice is sound. Considering my occupation I can’t give any legal advice but I do have a pointer or two.
Ice uses “DA” aka District Attorney - this is from US t.v. In Ontario if you were to be looking for this person in the court room you would refer to them as the “Crown” or “Provincial Crown as this is Provincial Court. As for the “judge”, this too is from US t.v. The person that is sitting on the bench in Provincial Court is a Justice of the Peace aka JP, and refer to them as “Your Worship” and not your Honour.
I’m not trying to be sarcastic (read smart ***) here but if you want your plea to sound intelligent make sure you use the proper terms. In provincial court manners and respect for the court go a long way.
That is all I have to say about that
B
Ice uses “DA” aka District Attorney - this is from US t.v. In Ontario if you were to be looking for this person in the court room you would refer to them as the “Crown” or “Provincial Crown as this is Provincial Court. As for the “judge”, this too is from US t.v. The person that is sitting on the bench in Provincial Court is a Justice of the Peace aka JP, and refer to them as “Your Worship” and not your Honour.
I’m not trying to be sarcastic (read smart ***) here but if you want your plea to sound intelligent make sure you use the proper terms. In provincial court manners and respect for the court go a long way.
That is all I have to say about that
B
03-22-2009, 09:11 AM
#94
Racer
Join Date: Nov 2004
Location: Ontario Canada
Posts: 370
Likes: 0
Received 0 Likes
on
0 Posts
True, manners goes a long way and not having an attitude or being cocky. I've always gone to see the JP discuss the ticket and had the ticket lowered and don't even bother going to court. They are people too. They aren't stupid and can see when you are a ***** and don't deserve a break. I've gone about it both ways and got nailed to the wall and let off easy depending on how you go about it.
03-23-2009, 11:57 AM
#95
Three Wheelin'
Our Nanny got a ticket last week for an expired license sticker. My fault. I totally forgot that her car was still in my name and I had to renew it on my birthday at the end of February. So the set fine is $85.00, but the total payable is $110.00 (total payable includes costs and applicable victem fine surcharge). So an extra $25.00. Then, if you elect to pay on-line (which should save a ton of administrative work), you are charged an extra $3.00. Who are the crooks here.
Whatever happened to making an honest mistake and being given the opportunity to correct it. Now I am tempted to fight this thing. It is not even in my name, but my nanny's name, but I want to fight it on her behalf. Anyone ever faught an expired license sticker offense and won?
Whatever happened to making an honest mistake and being given the opportunity to correct it. Now I am tempted to fight this thing. It is not even in my name, but my nanny's name, but I want to fight it on her behalf. Anyone ever faught an expired license sticker offense and won?
03-23-2009, 01:50 PM
#96
Rennlist Member
Join Date: Aug 2005
Location: In an endless Zoom meeting
Posts: 5,195
Received 101 Likes
on
57 Posts
Our Nanny got a ticket last week for an expired license sticker. My fault. I totally forgot that her car was still in my name and I had to renew it on my birthday at the end of February. So the set fine is $85.00, but the total payable is $110.00 (total payable includes costs and applicable victem fine surcharge). So an extra $25.00. Then, if you elect to pay on-line (which should save a ton of administrative work), you are charged an extra $3.00. Who are the crooks here.
Whatever happened to making an honest mistake and being given the opportunity to correct it. Now I am tempted to fight this thing. It is not even in my name, but my nanny's name, but I want to fight it on her behalf. Anyone ever faught an expired license sticker offense and won?
Whatever happened to making an honest mistake and being given the opportunity to correct it. Now I am tempted to fight this thing. It is not even in my name, but my nanny's name, but I want to fight it on her behalf. Anyone ever faught an expired license sticker offense and won?
03-23-2009, 02:42 PM
#97
Rennlist Member
I didn't have my license in my car one day because i forgot my wallet at home. I was stopped for cutting someone off. I only got a ticket for not having a license with me. I took it to the justice of the peace and I got off.
03-23-2009, 02:46 PM
#98
Three Wheelin'
As silly as it seems, it will go on her insurance abstract as a minor conviction if she doesn't fight it. My wife got a similar ticket for not having her current pink insurance slip with her ( the one in the car was 4 months out of date) and she decided not to bother fighting it (even though the cop suggested she should and he wouldn't contest it). Guess what?...it's now on her insurance record for the next 3 years!
03-23-2009, 02:47 PM
#99
Three Wheelin'
03-23-2009, 03:46 PM
#100
Rennlist Member
03-23-2009, 03:48 PM
#101
Rennlist Member
I just have no idea what defence to use. I could order disclosure, but all the JPm has to ask me is if the ticket was expired or not. I can go on the hopes that the cop doesn't show or perhaps get it reduced, but my nanny will still have a record. Anyone with any ideas?
If he doesn't show you don't get a record of any kind.
03-23-2009, 10:24 PM
#102
Team Owner
Good Points Brad , unfortunately I have lots of experience at this and I used the terms people might recognise. The last time in the guy says oh no not you again .. and was smiling . So i just payed it and moved on. Was pretty funny actually.
03-24-2009, 12:22 AM
#103
Rennlist Member
I just have no idea what defence to use. I could order disclosure, but all the JPm has to ask me is if the ticket was expired or not. I can go on the hopes that the cop doesn't show or perhaps get it reduced, but my nanny will still have a record. Anyone with any ideas?
04-01-2009, 03:32 PM
#104
Drifting
Case Dismissed!
I can say that I'm over joyed to have this come to an end. I found the whole process to be rather stressful... then again this was my first time in any court environment but then after all I am innocent of the charge of speeding.
When I arrived in court and went to register, the prosecuter gave me my options and tried to put the screws to me by stating that "this ticket was reduced, if we went to trial that the Crown would petition the Court to ammend the ticket back to the original speed which would mean conviction and 3 demerit points"...I stuck to my guns after all I was not speeding I wish to go to trial. I had requested disclosure but it never came, I showed my copy of the request for disclosure that I had sent, to the crown and she promptly said that the letter was not proper procedure that to request disclosure I need to fill out a form... whatever. The officer was present, the Crown told him that I requested disclosure but didn't get it, the Officer handed me a document that looked like the ticket with printed notes on one side... I insisted that I requested complete disclosure including the complete details on the speed reading device as well. I was angling for an adournment but the Officer cut me a break and out of the blue stated "the office who calibrated the laser is not here". The prosecuter told me to take a seat... as soon as Your Worship entered the Court Room and everything got quite formal.
They let me sit there for the entire court session, pretty much everyone preaded guilty with an expanation or to a lower charge, I was the only one left. I sat there and based on what the Officer had offered up I thought of the line of questions that I would use to get the case thrown out. When I was called up... the Crown stated that the Charge was Speeding and "Your worship we wish to withdraw the charge"... Your worship then announced "Case Dismissed you're free to leave"
Sometimes it is better to be lucky than good or it it god takes care of babes and fools... which one am I.... who cares Case Dismissed!
When I arrived in court and went to register, the prosecuter gave me my options and tried to put the screws to me by stating that "this ticket was reduced, if we went to trial that the Crown would petition the Court to ammend the ticket back to the original speed which would mean conviction and 3 demerit points"...I stuck to my guns after all I was not speeding I wish to go to trial. I had requested disclosure but it never came, I showed my copy of the request for disclosure that I had sent, to the crown and she promptly said that the letter was not proper procedure that to request disclosure I need to fill out a form... whatever. The officer was present, the Crown told him that I requested disclosure but didn't get it, the Officer handed me a document that looked like the ticket with printed notes on one side... I insisted that I requested complete disclosure including the complete details on the speed reading device as well. I was angling for an adournment but the Officer cut me a break and out of the blue stated "the office who calibrated the laser is not here". The prosecuter told me to take a seat... as soon as Your Worship entered the Court Room and everything got quite formal.
They let me sit there for the entire court session, pretty much everyone preaded guilty with an expanation or to a lower charge, I was the only one left. I sat there and based on what the Officer had offered up I thought of the line of questions that I would use to get the case thrown out. When I was called up... the Crown stated that the Charge was Speeding and "Your worship we wish to withdraw the charge"... Your worship then announced "Case Dismissed you're free to leave"
Sometimes it is better to be lucky than good or it it god takes care of babes and fools... which one am I.... who cares Case Dismissed!
Last edited by Mark Lue; 04-02-2009 at 08:18 PM.
