Learn These Ticket-Fighting Techniques...Almost 100% Fool-Proof! | GTAMotorcycle.com

Learn These Ticket-Fighting Techniques...Almost 100% Fool-Proof!

Pegassus

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This post is not mine nor did I wrote this, it's from another forum but it pertains to Toronto/GTA.





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I receive a lot of tickets every year because I am on the road and obviously the more you drive the more chances you will receive a ticket.

I drive 45k KM annual. I bought my BMW on 25 Aug 11 and on Aug 25 12 I already had 43k KM on it. I bought my motorcycle a month ago and it already has 2.2K KM on it. So yes I drive/ride a lot.

Here's my traffic ticket history, how I beat em, and tips for those who also have similar or the same tickets.

There are four types of tickets you can receive under the HTA:

Moving Violation (speeding, running lights, anytime the vehicle is in motion), Document Charge (expired insurance card), Fix It Charge (Burnt out lights, plate covers), Criminal charges (impaired driving and no insurance)

Best Quick basic strategies for each class of ticket:

Moving violation: Beat it using technicalities, using 11b stay, requesting disclosure and requesting additional disclosure, interpreter fails to show, etc. Use as many technicalities as you can.

Document charge: Use first attendance and show the documents you failed to produce at during the traffic stop. If this doesn't work follow the strategy of moving violation.

Fix it charge: Again use first attendance and show what you did to fix the problem. (i.e. burnt out lights, show receipts of purchasing a bulb and a picture of it the car with the bulb on) This will work 99% of the time with no problem. The courts are just happy you fixed the problem. Now in the rarest chance this doesn't work follow moving violation.

Criminal charge: For this I would recommend seeking professional legal aid. Depending on what happens during trial it may either still fall under the HTA if the JP is lenient or it may fall under the Criminal Act. The consequences of this is very severe, this is why hiring legal aid is essential.

Speeding Ticket #1 - 15KM/Over - MOVING VIOLATION

Details:

In 2010, I received my first speeding ticket for passing a YRP cruiser who was doing 115km/h on the 407. I passed him doing 25km/h over. During the traffic stop I gave the officer an expired insurance card (although I had valid insurance except I was driving the family vehicle at the time and the papers in the family cars are all misplaced), and also his computer stated that I was under suspension from the MTO.

I then received a speeding ticket for 15km over because I passed him and his backup that came issued me the fail to surrender insurance card and suspended license.

I had to get some people to come pick me up as well as drive the car home or the other option would've been a tow.

Before Court:

I requested a disclosure package that came on good time, however the notes was ineligible so an additional request was sent for word processed notes. This package was never received.

During Court:

I spoke to the prosecutor and he noted that the second disclosure package was not ready and he withdrew the ticket during check-in.

Going forward:

Always request additional disclosure for every case. Guaranteed that each disclosure package will refer to things in abbreviation. Since the general public may not always be familiar with the terms used by police officers, you may request explanation to the abbreviations. examples of are : D/L, OCC, L1, HROS, also radio codes are sometimes in the notes as well, you can request for that to be explained too. The first disclosure will have a high chance of being responded too. The second disclosure package might not always be responded too, just because of how much extra work that the officer must put in for that specific case. The officer will handle many cases and will not care that 1/10 of those cases requested additional disclosure when the other 9/10 just asked for the basic disclosure which is a photocopy of the officer's notes which is very simple. He will let the 1/10 slide and focus on the other 9/10. Always request additional disclosure, no matter how small it is. (i.e. Typed notes, explained abbreviation.

Fail to surrender insurance card - DOCUMENT CHARGE

Details:

Gave the officer an expired insurance card during a traffic stop, however the policy was valid.

Before court:

I requested disclosure that came on time, it was a very simple disclosure package, just listed what I was driving, number of occupants and what happened (surrendered expired card).

During court:

I showed the prosecutor pre-trial a valid insurance card and they withdrew the charge.

Going forward:

Document charges are always up to the discretion of the prosecutor. Many will say just bring the document to court and they will drop it. It may not always be the case because document charges are usually followed after a moving violation ticket such as speeding or running a light etc. Even if you get off on the moving violation ticket they will go to trial for the document charge. The best way to fight the standalone document ticket meaning no other ticket was issued other than the document ticket is to attend first attendance and show the prosecutor the document. 99% of the time they will drop it if there is no other ticket. If not make sure to submit one basic disclosure request and an additional requesting word processed notes and explained abbreviation. For document charges always request first attendance, and bring your papers to them, this allows you to prepare disclosure packages ahead of time. It does not look good to the courts if you bring the papers in hoping they will drop it and use that excuse when they ask you why you need an adjournment. Always be prepared.

Suspended Drivers License - DOCUMENT CHARGE

Details:

Gave the officer my drivers license and it came back as suspended. The officer asked me if I wanted to get someone to pickup the car or get it towed. I got someone to come get me and someone else to get the car.

Before court:

I requested a drivers abstract from the MTO (it costed me $10 bucks) and it showed that I had no prior suspensions. In addition, I requested disclosure as well.

During court:

I received my basic disclosure package however it lacked a certified copy of my driver record from the MTO. I also showed the prosecutor my driver abstract and they withdrew the charge during pre-trial.

Going forward:

Anything that the officer pulls up on the computer is considered hearsay. Reason being is the officer did not directly enter this information himself nor is he in charge of vehicle licensing. So he is acting on behalf of what the computer says, this cannot be used in court. When you ask the officer during trial "how did you know the driver was suspended" his response will be "I saw it on my computer". Just because the officer saw it on the computer does not make it necessarily true. That's why courts must request certified copies of records form the MTO. And that's why there is specific sections to request certified copies on the MTO website. Other than that, the registrar is the only person that can say yes they are under suspension during the traffic stop. Always verify the source of the officer's evidence. This is why officers cannot be a witness on behalf of a witness. Even though the officer witnessed the witness provide a statement, the statement itself cannot be used in court. Only the witness may give their own witness statements. This is why witnesses are subpoenaed to court

Entire Plate not Plainly Visible (Plate Covers) - FIX IT Charge

Details:

I was stopped allegedly for speeding. However the officer did not have enough evidence to charge me with speeding nor any other offense other than the plate covers. He even asked me to turn on my car, hold my brakes and activate my turn signals to see if they were all working.

Before court:

I did not respond to the ticket because the ticket itself bared a fatal flaw. The HTA section referenced did not exist. However I still received a conviction. Thus I requested a reopening and during the reopening I told the JP that the section referenced in the ticket did not exist. They verified the fact that it did not exist. However they couldn't do anything about it and told me to talk to the prosecutor so they arranged a first attendance for me. Disclosure was not requested because no court date was set.

During Court:

I removed the plate covers and showed that to the prosecutor and they withdrew the charge.

Going Forward:

Any fix it tickets such as burnt out tail-lights or burnt out headlights will always be withdrawn as long as you showed due diligence in getting it fixed. Because you showed effort in rectifying the problem the courts will look favourably at the situation. Always repair any damaged equipment in the vehicle ASAP, provide receipts, photos or even a cell phone video of the fixed problem, and they will withdraw it. First attendance is the best time to do this.
 
(Not my story)


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Running a Red Light - MOVING VIOLATION

Details:

I entered an intersection when it was amber, the lights changed to red 1/3 way through the intersection. An officer travelling in the opposite lane saw this and pulled a u-turn and proceeded with a traffic stop.

Before Court:

The ticket itself bared a fatal flaw, the offense was mixed up with the section where the highway traffic act is referenced. Disclosure was requested twice and never received. first time was 1 year before trial and the second time was 1 month before trial. No response to either request.

During Court:

The prosecutor told me that the officer has not showed up. So he is withdrawing the ticket.

Going Forward:

The officer not showing is the best possible outcome in any court situation because it will always mean the ticket is withdrawn. Yes the prosecutor may request an adjournment but it doesn't mean you can't deny the adjournment by saying you took time off work and it's not fair that you showed up ready for trial and the officer hasn't shown, and it would be penalizing against you if you had to take time off work again to resolve a matter that could have been resolved today. Again this is why it is so important to request disclosure and request additional disclosure on top.

Improper use of HOV lane - MOVING VIOLATION **one of the most difficult tickets to fight**

Details:

I entered the HOV tunnel at 404 and 401 with one person (myself) a HOV check was setup that day and they gave me a ticket for improper use of HOV lanes.

Before Court:

I missed the original court date because I was out of the country, so a re-opening was requested. I submitted my request for disclosure 1 year before the court date and once again 1 month before the trial. Did not receive a response to either of the requests.

During Court:

The officer showed up and I received a disclosure package on the day of. The prosecutor asked what I was gonna do and I told her I will be requesting an adjournment to review the package. During Trial, I told the JP I wanted to adjourn the matter to a further date because I received disclosure package today however I requested it twice already, once last year and once again 1 month prior to the trial date. He asked the prosecutor if this was right and the prosecutor then said yes I did request it twice but there was mis-communication in her office and that's why the defendant recieved the disclosure package today. She lets out a sigh and says she will withdraw the charges.

Going Forward:

Like I said before, always request disclosure and use every road block legally available to you to. Even though I was caught 100% red handed i was able to get off because the prosecutor's office failed to perform their duties of providing me disclosure. Now if the matter proceeded to trial then I would've been found guilty by the JP based on the evidence provided by the officer. Always request disclosure. Always explore any possible technicalities that will benefit you in anyway.
 
I want to add my own experience here. Many people don't know that tickets given for things that the police officer did not see before he turned his cherries on and pulled you over are easy to defeat.

For example: An OPP officer pulled me over on the 400 South and walked to my window and said; "Is everyone wearing seatbelts? I see a lot of movement in the backseat". I said "Yes everybody is secured" and he says "Can I take a look inside" and shoves his head through my window, he then says "I see a baby in a babyseat without seatbelts on" and proceeded to give me a ticket worth $240 bucks and 3 points.

This is WRONG. My paralegal traffic fighter quickly told me this and he pointed this out to the prosecutor before we went inside the courtroom, "He had no probable cause to stop you to begin with, whatever he saw afterwards is bogus" my paralegal told me. The prosecutor agreed and asked the police officer if this is true, the cop looked at his notes and said "I stopped him because I saw head movements in the back seat but I actually could not tell if anyone was wearing a seatbelt".

The prosecutor told the cop "We cannot proceed with this evidence" and she withdrew the charge.
 
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How much does your paralegal charger firvthe service? Do you have contact info? My wife got a ticket for illegal left turn.
 
How much does your paralegal charger firvthe service? Do you have contact info? My wife got a ticket for illegal left turn.

They charged me $200 for each of the 3.... $600 but my local 183 union refunded me the money. They got me off my 3 tickets and my co-worker who referred me to them claims they got him off 5 tickets which included speeding over 20km and going through a redlight.
 
They charged me $200 for each of the 3.... $600 but my local 183 union refunded me the money. They got me off my 3 tickets and my co-worker who referred me to them claims they got him off 5 tickets which included speeding over 20km and going through a redlight.

Can you give me the contact info?
 
Quick question, I have a court date set in early Jan 2013, is it too late to request for a disclosure?

Also, does the crown/judge dismiss the ticket if the officer does not show up or do i have to proceed with the trial (fight it with evidence) and then i am given that information?
 
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Quick question, I have a court date set in early Jan 2013, is it too late to request for a disclosure?

Also, does the crown/judge dismiss the ticket if the officer does not show up or do i have to proceed with the trial (fight it with evidence) and then i am given that information?


6 weeks is ideal but submit a disclosure request and see if you get it. if you dont get it in time for trial ask the prosecutor for another date.

If the officer is a no show the charge will be dismissed as the officer is necessary for evidence.
 
I want to add my own experience here. Many people don't know that tickets given for things that the police officer did not see before he turned his cherries on and pulled you over are easy to defeat.

For example: An OPP officer pulled me over on the 400 South and walked to my window and said; "Is everyone wearing seatbelts? I see a lot of movement in the backseat". I said "Yes everybody is secured" and he says "Can I take a look inside" and shoves his head through my window, he then says "I see a baby in a babyseat without seatbelts on" and proceeded to give me a ticket worth $240 bucks and 3 points.

This is WRONG. My paralegal traffic fighter quickly told me this and he pointed this out to the prosecutor before we went inside the courtroom, "He had no probable cause to stop you to begin with, whatever he saw afterwards is bogus" my paralegal told me. The prosecutor agreed and asked the police officer if this is true, the cop looked at his notes and said "I stopped him because I saw head movements in the back seat but I actually could not tell if anyone was wearing a seatbelt".

The prosecutor told the cop "We cannot proceed with this evidence" and she withdrew the charge.



My understanding is that you can be stopped without probable cause for a simple document verification and the seatbelt charge would stick as it was in "plain sight".The police often do stop motorists without probable cause for document checks during fishing trips.
There was a article in the Windsor Star not long ago where a Detroit couple were stopped on a document check and proceeded with an harassment complaint to no avail.We are not afforded this right under the Charter when in care and control of a vehicle on public roads in Canada unlike the U.S
Here is why they can stop you and why they can't search you unless there is a plain sight violation.Maybe I'm confused
http://www.hrcr.org/safrica/privacy/r_ladouceur.html

and
http://www.canlii.org/en/ca/charter_digest/s-9.html
 
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6 weeks is ideal but submit a disclosure request and see if you get it. if you dont get it in time for trial ask the prosecutor for another date.

If the officer is a no show the charge will be dismissed as the officer is necessary for evidence.

I read somewhere that the judge will try to proceed without the police officer present, just to see if the person will plead guilty. If they don't, dismiss case.
 
My understanding is that you can be stopped without probable cause for a simple document verification and the seatbelt charge would stick as it was in "plain sight".

Of course they can pull you over for a document check.
 
I read somewhere that the judge will try to proceed without the police officer present, just to see if the person will plead guilty. If they don't, dismiss case.

Yeah thats right and another thing: even if the prosecutor knows beforehand that a cop will not show up he does NOT tell anyone and starts cutting deals before the judge enters the room so you see all these idiots pleading guilty and when my turn comes and I tell them I was fighting it they told me the cop was not there and that the charges would be withdrawn.... to the bewilderment of the idiots who pleaded guilty (the prosecutor made sure I was the last on the line because she had already asked me what I was pleading).t
 
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Yeah thats right and another thing: even if the prosecutor knows beforehand that a cop will not show up he does NOT tell anyone and starts cutting deals before the judge enters the room so you see all these idiots pleading guilty and when my turn comes and I tell them I was fighting it they told me the cop was not there and that the charges would be withdrawn.... to the bewilderment of the idiots who pleaded guilty (the prosecutor made sure I was the last on the line because she had already asked me what I was pleading).t

So is there any sure way of making sure the cop representing your case is not present if you dont remember the cop?
 
So is there any sure way of making sure the cop representing your case is not present if you dont remember the cop?

Yes there is. Remember the cop's name and go early and snoop around other courtrooms, they have a sheet posted at the entrance which states what cops will be present that morning. If you see your cop's name to be present in that room go inside and sit down and if you dont see your cop show up in that room it means he wont show up in your own courtroom... go and plead not guilty.
 
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So is there any sure way of making sure the cop representing your case is not present if you dont remember the cop?

Not really .
I always check the list of defendants,outside the court room .If i see the cop has a few cases,most likey he will be there..
Usually looking for the badge number of the cops present.Assuming he is in uniform..If not,you are out of luck..If he is OPP ,you are out of luck also...those guys are always there..
Just to add to the original post..lately i don't "check in" with the crown when i arrive.
I don't think it is mandotary and i got out of a case once where the cop left during trial 'cause the crown didn't know i was there..
 

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