Two Tickets To Fight - Help.


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Bingo   
Member since: Jan 07
Posts: 198
Location:

Post ID: #PID Posted on: 24-04-10 08:09:21

Just got first Two Tickets in 10 Yrs of driving
Lake Shore- Toronto
First for $ 86 total -111.
Offence-83 Km in 60 Km ,Before could ask to show radar gun he left in a snap.
Second for $ 85 total - 110.
Offence- Did not have ownership portion ,had the plate portion.
Must be at home.
Back of ticket has 3 options and the 137 Edward Street address,15 Days to respond, I live in Windsor. How should I go around this mess..?
Should I go for option 3 ? How to start it by calling them or have to go in person to request for date.?
Thanks for Any advice .



benparsad   
Member since: Jan 06
Posts: 412
Location:

Post ID: #PID Posted on: 24-04-10 11:45:34

Two Tickets To Fight - Help.
Just got first Two Tickets in 10 Yrs of driving
Lake Shore- Toronto
First for $ 86 total -111.
Offence-83 Km in 60 Km ,Before could ask to show radar gun he left in a snap.
Second for $ 85 total - 110.
Offence- Did not have ownership portion ,had the plate portion.
Must be at home.
Back of ticket has 3 options and the 137 Edward Street address,15 Days to respond, I live in Windsor. How should I go around this mess..?
Should I go for option 3 ? How to start it by calling them or have to go in person to request for date.?
Thanks for Any advice .
___________________________

Hi, Bingo;

Real bad; 10 years of faultless driving or 10 days of, same in Canada. My advice would be to suggest a system to authorities wherein weightage is given (like positive points) for so many years of good driving.

I am sure help (advise) from other CDs must be on the way. BTW, these both tickets are from single occasion. Was the second one issued after you insisted to see the radar?

-Ben



hopesrforever27   
Member since: Sep 09
Posts: 99
Location:

Post ID: #PID Posted on: 24-04-10 14:38:25

Do not pay fine. Select I think 3rd option which is to fight in court.

You will get a date in court. On the court date before u meet judge, u will have to meet prosecutor first, here Second ticket is easy to clear and it will be cleared as U can say it was in your wallet or something and in a hurry u forgot at home, u show him yr ownership paper and they will clear it and this ticket will not go on your driving record.

First ticket, it involves 3 demerit points and fine. here prosecutor will negotiate and usually fine will be around 35 dollars and no points will be cut.

If u think u can handle and u want to take chance then do not negotiate with prosecutor and tell him/her that u want to go for trial. In this case u will have to seat in the court till your turn comes, here when go to the front of the judge at that time judge will call police office who gave you ticket , if he has not come to the court on that day then your this speeding tickets will be written off and u r free but if police office has come then u can argue and try to negotiate with judge but here it can become dicey as judge may written off yr tickets or may charge you more then prosecutor was offering you hence it depends

But u will not get this chance if u have made a deal with prosecutor before in this case irrespective police officer has come or not u will hv to pay whatever has been negotiated between u and prosecutor.




Bingo   
Member since: Jan 07
Posts: 198
Location:

Post ID: #PID Posted on: 24-04-10 15:26:00

Yea Ben U got it ,it was reward for asking for Radar .

Thanks Hopesforever 27 for detailed answer ,have a further question for choosing option 3 do i need to go to court within 15 days and ask for it or can I call the number on the ticket ,mailing option is not available .?
Out of curiousity called a Para legal and he suggested :
Fee - 250
Waiver of Ticket # 2 Guranteed
First Ticket will get fine 30 - 40 Dollor ,No Demerit Points but Minor Conviction.
My search on Internet says in Ontario Insurance goes up based on convictions and not demerit points ,D points go away after 2 years but conviction stays .
So going HF 27 way makes sense .Only problem is I dont live in Toronto any idea how long you have to wait for a trial date..?



BlueLobster   
Member since: Oct 02
Posts: 3409
Location: Mississauga

Post ID: #PID Posted on: 24-04-10 17:13:51

To me, it is a no brainer. You should plead not guilty and challenge the officer's evidence in court.

Go through this website, It is probably the most comprehensive resource for fighting tickets in ontario http://www.ticketcombat.com" rel="nofollow">LINK

You can fight the ticket yourself if you can invest the time into the formalities and the research. High level steps are

1. Plead not guilty and challenge the officer's evidence.
2. Request the officer's disclosure notes. These are details in addition to the ticket the officer made to support his case. Prosecution is required to provide them to you in advnce if you request them. Take about 6-8 weeks to get them. Other benefit is if they are not provided to you on time, your case can be dismissed.
3. Prepare your case based on the notes and your research. The purpose is to introduce doubt into the officer's testimony with concrete questions/arguments, no easy task but doable.

The above requires a SIGNIFICANT time investment and the desire to confidently wade into unchartered territory of a convoluted legal process designed to work against you. Given you're in Windsor, you might be better off hiring a paralegal (there are tons of them if you look online). You do not need to be in court if you hire a paralegal and the most likely outcome will be removal of demerit points from the equation, unless you specifically instruct them that you do not want to plead guilty to a lesser charge. Other advantages are

1. If the officer does not show up in court, your ticket will be dismissed.
2. "Technical" glitches on your ticket may also result in dismissal, paralegals are better equipped to find these
3. If you are not given a court date within a reasonable period (10 months or so) OR if disclosure notes are not provided within a reasonable timeframe, your ticket can be dismissed.

To plead, I think you have to go to an office (if you do this, MAKE SURE you select the option of challenging the officer's evidence otherwise there is no point), however I think you can do this in Windsor and not have to go all the way to Toronto. You might want to call them though and confirm. Once you get a court date, if you want to make changes , you have to go to Toronto and spend a few hours.

As far as the timeline goes, after you plead not guilty, you're probably looking at 2-3 months to receive a letter stating the court date and the actual court date will be more like 6-8 months from the date of the offence.

Hope that helps and good luck!


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hopesrforever27   
Member since: Sep 09
Posts: 99
Location:

Post ID: #PID Posted on: 25-04-10 15:38:04

Inrespective whether u r hiring paralegal or gonna fight on your own , just go to the court within 15 days, submit your request to fight in a court and make sure specifically for ticket one (speeding )you hv to select that u want offier to be present at the time of hearing.

depending upon how court is busy once u submit yr request it can take anywhere from 3 to 7 months to get court date.

even if u hire paralegal they will do whatever I said in my previous post, which u can do on your own in the court and paralegal will charge u money for their work only advatage is that u do not hv to be present in the court other then that outcome will be the same.

it is very difficult to find good paralegal , mark my word even if u hire paralegal or u go to the court on your own outcome will be the following


for ticket one : fine of 30 to 40 dollars and no demerit points if officer is present else no charges if officer has not come.

for ticket two : once u show them yr original ownership they will cancel yr ticket and u r free



morning_rain   
Member since: Feb 05
Posts: 1920
Location: British Columbia

Post ID: #PID Posted on: 25-04-10 17:39:05

Did you actually break the law i.e. were you actually speeding? if not, then you have gotten some good advice on how to fight an unfair ticket. However, if you actually did do it, then how about doing the right thing and paying for it?

It happened to me a few weeks ago,but I knew I was speeding and have paid my fine. Why complicate my life when I knew deep down I was guilty?


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~ Morning rain





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