View Full Version : speeding ticket... AGAIN!
Grayson M
Jun 8th, 2006, 02:49 AM
urg... anyways.. speeding ticket again.. the officer didnt get me to sign the ticket.. wrote in the time incorrectly.. is there any easy way to get this off?
rp_guy
Jun 8th, 2006, 05:04 AM
hint: don't speed
FastFokker
Jun 8th, 2006, 07:47 AM
hint: don't speedEven better, do like the rest of us, don't get caught.
Although that takes some cognitive situational awareness.. maybe I'm setting the bar too high.
daedal
Jun 8th, 2006, 08:14 AM
urg... anyways.. speeding ticket again.. the officer didnt get me to sign the ticket.. wrote in the time incorrectly.. is there any easy way to get this off?
Oppose it. If it was filled in incorrectly, you're golden. You may have to appear in court though to make it official though.
Pipes
Jun 8th, 2006, 08:31 AM
They dont have to get you to sign the ticket, they just give it to you and laugh as they drive back to the donut shop. Also, having the wrong time on the ticket means nothing, if you fight it based on that alone, they will just correct it in court. Here is a link that might help you.
http://www.magma.ca/~fyst/
FooNdaR
Jun 8th, 2006, 08:33 AM
They doesnt have to get you to sign the ticket, they just give it to you and laugh as they drive back to the donut shop. Also, having the wrong time on the ticket means nothing, if you fight it based on that alone, they will just correct it in court. Here is a link that might help you.
http://www.magma.ca/~fyst/
Ahh, FYST, my friend.
Helped me out on 3 occassions last year. Lot of paperwork and some time, but in the end, worth it.
sshe11
Jun 8th, 2006, 09:53 AM
Even better, do like the rest of us, don't get caught.
Although that takes some cognitive situational awareness.. maybe I'm setting the bar too high.
what do you mean by that ??
Kenneth
Jun 8th, 2006, 10:08 AM
Also, having the wrong time on the ticket means nothing, if you fight it based on that alone, they will just correct it in court.
Not exactly. If he can prove that he was somewhere else during the incorrect time period in all probability the charge will be withdrawn.
Putting the time/date in error is more critical than the standard car make, name spelling, and license number errors that occur.
TrevorK
Jun 8th, 2006, 10:16 AM
How many tickets do you need to get before you realize that maybe, just maybe, you should obey the rules of the road?
cwb27
Jun 8th, 2006, 12:45 PM
As per www.ontariotraffictickets.com:
Any ticket issued by a Police Officer has to be properly written
The legal term is that the ticket has to be “proper on its face” meaning no “fatal errors”. Proper on its face means that the ticket is correctly written by the officer, without any fatal errors that are not fixable or excusable by the courts.
Under the Ontario Provincial Offences Act minor mistakes can be corrected at court by the prosecution, but fatal errors cannot. For example, there maybe a mistake in the spelling of your name, or the licence plate or year of your car is wrong. This can be corrected on the trial date by the Justice of the Peace or prosecutor and is not a fatal error.
Fatal errors are mistakes that will get your ticket cancelled because they are not fixable by the prosecution.
A mistake like the officer not putting his name on a certificate of offence is considered a “Fatal Error” and upon application by the defendant or his agent the Justice of the Peace may “quash” or cancel the ticket.
If the ticket has a fatal error on it a motion has to be presented properly to the Justice of the Peace by way of a motion to the court.
Motions to the court have to be made out properly. The motion has to be presented to the Justice of the Peace detailing why the ticket is improper and explaining the fatal error. Only then would the Justice of the Peace consider an application to cancel or “quash” a ticket. Unless the defendant or his agent can present and argue the motion properly to the court a fatal error may not be considered.
This is why court representation needs to be done by a qualified person such as the former police officers of Ontario Traffic Tickets.
Although a speeding ticket may have a fatal mistake on it. It is crucial to know when to make a motion to quash, when and when not to file the ticket, and whether or not to “atourn” to the jurisdiction.
If you do not understand what meant by fatal errors, filing dates, set fines, and issues such as jurisdiction then you need help. There are at least ten items that have to be on the face of the ticket for it to be proper before the court.
You should always seek competent representation from the former traffic officers and agents of Ontario Traffic Tickets. We know all the fatal errors for a speeding ticket otherwise you risk being convicted whereupon your case could be won.
Pipes
Jun 11th, 2006, 05:05 PM
Not exactly. If he can prove that he was somewhere else during the incorrect time period in all probability the charge will be withdrawn.
Putting the time/date in error is more critical than the standard car make, name spelling, and license number errors that occur.
I stand by what i said. An incorrect time of day will not be enough to have the ticket thrown out. Im speaking from personal experience. How many times have you been in a courtroom? It sounds like you're just repeating one of the many urban myths that are floating around. I challenge you to show me one case where a defendant won for no other reason than an incorrect time of day.
FastFokker
Jun 11th, 2006, 08:26 PM
what do you mean by that ??Meaning, many people speed, yet only few are caught.
I often speed, but have only had 1 speeding ticket in the past decade.
Shaner
Jun 11th, 2006, 11:15 PM
Meaning, many people speed, yet only few are caught.
I often speed, but have only had 1 speeding ticket in the past decade.
Same here, and the one speeding ticket I got was on a road I was unfamiliar with and I was caught up in conversation. I got sloppy!
belgiangenius
Jun 12th, 2006, 09:52 AM
urg... anyways.. speeding ticket again.. the officer didnt get me to sign the ticket.. wrote in the time incorrectly.. is there any easy way to get this off?
Just take an alibi to court who will testify where you were at the alleged time.
belgiangenius
Jun 12th, 2006, 09:52 AM
Meaning, many people speed, yet only few are caught.
I often speed, but have only had 1 speeding ticket in the past decade.
Ditto. I fly like the wind, but I have a perfect record.
Kenneth
Jun 12th, 2006, 10:13 AM
I stand by what i said. An incorrect time of day will not be enough to have the ticket thrown out. Im speaking from personal experience. How many times have you been in a courtroom? It sounds like you're just repeating one of the many urban myths that are floating around. I challenge you to show me one case where a defendant won for no other reason than an incorrect time of day.
October 2004, Peel Regional Court in Brampton 1:30 pm.
I recieved a ticket over 9 months previous; Excessive speed: 115 kmh in 100 kmh zone (ticket was reduced at roadside). Officer wrote down 8:00 PM~; rather than 8:00 AM when the offense occured.
I walked into court showed the prosecutor I was on a plane somewhere over the Atlantic that left around 11:00AM (had departure passes, stamped passport, etc.). So obviously I couldn't be the one driving; she laughed and said don't worry about it. The case was withdrawn without any other questions.The officer was in the room too!
If it was a minor date/time error then it could easily be modified after the officer read his notes; or if you can't prove even with the incorrect time/date it still couldn't be you; than your SOL.
I go to regional traffic courts 3-5 times year for the past 10 years. Obviously not all for my own offences; since I help others too. There a great place to waste time and have a good laugh when your bored too :lol: .
anabeces
Jun 12th, 2006, 02:51 PM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
Shaner
Jun 12th, 2006, 04:41 PM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
Why don't you try slowing down before you kill somebody? 180 is way too fast. That's just being stupid.
If I ever saw you pass me at 180, I'd get your plate and phone the cops.
gilboman
Jun 12th, 2006, 04:44 PM
Why don't you try slowing down before you kill somebody? 180 is way too fast. That's just being stupid.
If I ever saw you pass me at 180, I'd get your plate and phone the cops.
:lol: :lol:
and how will you do that? speed up to 180 so you can read the plates :rolleyes:
cwb27
Jun 12th, 2006, 05:05 PM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
I'm with shaner on this... I don't get it why people brag about driving so fast... Especially where this person states 'thru city'...
MrDisco
Jun 12th, 2006, 05:17 PM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
maybe they do things differently out west, but i hope for the public's safety you never visit ontario and drive here.
rfdrfd
Jun 12th, 2006, 05:30 PM
Just bring back photo radar already.
Ppl who speed are usually late for work or some idiot is driving way too slow infront of them so they have to speed around them.
Just fine the speeders, get some more tax money and no points deduction
65505201
Jun 12th, 2006, 05:33 PM
Just bring back photo radar already.
Ppl who speed are usually late for work or some idiot is driving way too slow infront of them so they have to speed around them.
Just fine the speeders, get some more tax money and no points deduction
I believe that everyone here will agree with me that it's not the fine that hurts. It's the insurance.
anabeces
Jun 12th, 2006, 07:34 PM
did you guys actually read by post? it's 5:00 AM and it's the weekend...there are close to NO CARS on the road at the time i go to work.
zaz
Jun 12th, 2006, 08:00 PM
did you guys actually read by post? it's 5:00 AM and it's the weekend...there are close to NO CARS on the road at the time i go to work.
and that makes it ok?
pure stupidity to be driving that fast....no need for it.
SodiumSulfate
Jun 12th, 2006, 08:02 PM
did you guys actually read by post? it's 5:00 AM and it's the weekend...there are close to NO CARS on the road at the time i go to work.
But are you sure that there aren't any people walking, jogging, cycling around the city that early? I'm sure going at 180 km/h, you'll see them way before you need to stop to avoid them :rolleyes:
jetway1212
Jun 12th, 2006, 10:07 PM
did you guys actually read by post? it's 5:00 AM and it's the weekend...there are close to NO CARS on the road at the time i go to work.
Wow, good job. Did you pass grade school? Oh yeah believe me this has everything to do with education and intelligence. Stupid!. You should live in jungles,
cwb27
Jun 12th, 2006, 10:13 PM
did you guys actually read by post? it's 5:00 AM and it's the weekend...there are close to NO CARS on the road at the time i go to work.
Ahhhh, ok. Yeah. I must have missed it. SO. I guess it's ok to drink all night long and drive home drunk at 5am because there's no one to hurt or kill accept myself.
You have astounding logic.....
jetway1212
Jun 12th, 2006, 10:20 PM
Ahhhh, ok. Yeah. I must have missed it. SO. I guess it's ok to drink all night long and drive home drunk at 5am because there's no one to hurt or kill accept myself.
You have astounding logic.....
Hey remind me to wake up at 5AM in the weekend to practice shooting. I bet if i just shoot blindly , i wont kill anyone anyway.
anabeces
Jun 12th, 2006, 10:58 PM
But are you sure that there aren't any people walking, jogging, cycling around the city that early? I'm sure going at 180 km/h, you'll see them way before you need to stop to avoid them :rolleyes:
i know when i go for my run i always prefer running through a nice area with water/lots of green. i never see people doing there excersizing in busy city streets + most of em don't run around in the middle of street.
anyways maybe 180 might be a bit fast for city but for highway it's def. acceptable. i have seen lots of ppl pass me sometimes doing 200+. 180 isn't even that fast.
it's always funny though seeing people zoom past me @ 200+ speeds on the highway then come infron't me and once they get to get to the bends they come to a complete crawl and i end up passing em or doing some serious tail gating.
conclusion: get off me about going 180 because it's really not that fast.
Kenneth
Jun 12th, 2006, 11:08 PM
I believe that everyone here will agree with me that it's not the fine that hurts. It's the insurance.
Photo radar never affected your insurance; since it never registered the tickets to the driver of the vehicle but rather the owner of the vehicle.
As for those complaining about the driver doing 180 km/h: there's a time and place for everything. Doing 180 km/h on the Gardiner Expressway during noon in a 20 year cavalier. Is quite different than the same speed along the 407 ETR at 7 am in a brand new Mercedes S class. Obviously if a deer jumped into the path of the car; things woulnd't be pretty. But he/she isn't endangering the public at large by any means (not unless your including OHIP).
I don't know why he/she would publicize such behaviour on such a public board though? Regardless, thankfully the OPP aren't as harsh for excessive speeding (50 KM/H +) as there American counterparts. Whereas doing those speedings would automatically suspend your license, spend a night in jail, impoundment of your vehicle, and a court date.
KelticSlob
Jun 12th, 2006, 11:33 PM
As for those complaining about the driver doing 180 km/h: there's a time and place for everything. Doing 180 km/h on the Gardiner Expressway during noon in a 20 year cavalier. Is quite different than the same speed along the 407 ETR at 7 am in a brand new Mercedes S class. Obviously if a deer jumped into the path of the car; things woulnd't be pretty. But he/she isn't endangering the public at large by any means (not unless your including OHIP).
Trust me, you won't convince anyone of this. People here wear lead helmets.
hwoarang
Jun 13th, 2006, 12:05 AM
just because ppl do 200 doesnt mean 180 is acceptable....
180 isnt that fast, correct, when compared to a plane... but 180 is fast compared to the average vehicle on the highway... it's not about endangering your own safety, but others as well... some ppl might not think you're going 180 in their rear view mirror, then when they change lanes, they might unintentionally cut you off
i know when i go for my run i always prefer running through a nice area with water/lots of green. i never see people doing there excersizing in busy city streets + most of em don't run around in the middle of street.
anyways maybe 180 might be a bit fast for city but for highway it's def. acceptable. i have seen lots of ppl pass me sometimes doing 200+. 180 isn't even that fast.
it's always funny though seeing people zoom past me @ 200+ speeds on the highway then come infron't me and once they get to get to the bends they come to a complete crawl and i end up passing em or doing some serious tail gating.
conclusion: get off me about going 180 because it's really not that fast.
162
Jun 13th, 2006, 08:22 AM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
Thats a dangerous driving criminal act their buddy - big consequences if you get caught.
SodiumSulfate
Jun 13th, 2006, 08:31 AM
i know when i go for my run i always prefer running through a nice area with water/lots of green. i never see people doing there excersizing in busy city streets + most of em don't run around in the middle of street.
anyways maybe 180 might be a bit fast for city but for highway it's def. acceptable. i have seen lots of ppl pass me sometimes doing 200+. 180 isn't even that fast.
it's always funny though seeing people zoom past me @ 200+ speeds on the highway then come infron't me and once they get to get to the bends they come to a complete crawl and i end up passing em or doing some serious tail gating.
conclusion: get off me about going 180 because it's really not that fast.
I've seen people jogging at 5:00am in downtown Toronto so your argument doesn't hold any merit. How can you be certain that there isn't ANYONE jogging, walking or cycling? Going at 180km/h, you don't really have quick enough reflexes to avoid somebody. When all these racers up in the suburbs fly into pedestrians or other traffic, is it because they saw the obstacles and chose to drive into them? No, it's because going at 180km/h and then realizing that something's in front of you, you can't think, let alone act fast enough to avoid said obstacle.
First you said that you're driving at 180 through the city at 5:00 AM, when it's not busy. Now you say that you don't see people around the busy streets at 5:00AM, let alone people exercising in the middle of the streets. I guess people don't cross the streets where you live, I doubt you even stop at red lights while going at 180 km/h, but that's just conjecture.
Ultimately, it doesn't matter how fast you go. It's how well you control your car while going at such fast speeds. I only hope for your sake, you don't kill somebody. I do however for your sake and everyone else you share the road with hope that a cop catches you going 180+ km/h and suspends your license. Remember 50km/h above the speed limit is an automatic license suspension + court appearance.
EDIT: Here's a link: http://www.ontariospeeding.com/CostofaTicket.html
teknoluv
Jun 13th, 2006, 08:53 AM
It's really SICK that people are BRAGGING about speeding, not those of 15 or 30 km/hr over but some unjustified speed. Of course, few have actually done that even once or twice, not to say so often. Perhaps we should start another thread and brag about bullying elders and kids. STUPID!
Back to the topic, isn't that FYST a bit old if not outdated (copyright 2003)?
Pipes
Jun 13th, 2006, 10:12 AM
she laughed and said don't worry about it. The case was withdrawn without any other questions.The officer was in the room too! .
uh huh, she laughed and said don't worry about it? funny. That's not even the way you would have a ticket thrown out for having a critical error on it. Perhaps the officer wasnt there and you thought he was, or perhaps you're making up a funny a story.
Pipes
Jun 13th, 2006, 10:15 AM
Back to the topic, isn't that FYST a bit old if not outdated (copyright 2003)?
The website might be a bit outdated, but our laws are a LOT outdated.
http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90h08_e.htm
anabeces
Jun 13th, 2006, 10:39 AM
I've seen people jogging at 5:00am in downtown Toronto so your argument doesn't hold any merit. How can you be certain that there isn't ANYONE jogging, walking or cycling? Going at 180km/h, you don't really have quick enough reflexes to avoid somebody. When all these racers up in the suburbs fly into pedestrians or other traffic, is it because they saw the obstacles and chose to drive into them? No, it's because going at 180km/h and then realizing that something's in front of you, you can't think, let alone act fast enough to avoid said obstacle.
First you said that you're driving at 180 through the city at 5:00 AM, when it's not busy. Now you say that you don't see people around the busy streets at 5:00AM, let alone people exercising in the middle of the streets. I guess people don't cross the streets where you live, I doubt you even stop at red lights while going at 180 km/h, but that's just conjecture.
Ultimately, it doesn't matter how fast you go. It's how well you control your car while going at such fast speeds. I only hope for your sake, you don't kill somebody. I do however for your sake and everyone else you share the road with hope that a cop catches you going 180+ km/h and suspends your license. Remember 50km/h above the speed limit is an automatic license suspension + court appearance.
EDIT: Here's a link: http://www.ontariospeeding.com/CostofaTicket.html
actually all i was saying is that the NORMALLY BUSY CITY STREETS are desolute (sp?) early in the mornings and even more so on the weekends.
also that 50km/hr over speed thing probably doesn't exist for BC. i know lots of people that got multiple tickets for speeding way over 50+ in the city. all that happened after getting a certain number of violations his license was suspended for a yr or yr and a half tops...something like that.
Grayson M
Jun 13th, 2006, 12:19 PM
October 2004, Peel Regional Court in Brampton 1:30 pm.
I recieved a ticket over 9 months previous; Excessive speed: 115 kmh in 100 kmh zone (ticket was reduced at roadside). Officer wrote down 8:00 PM~; rather than 8:00 AM when the offense occured.
I walked into court showed the prosecutor I was on a plane somewhere over the Atlantic that left around 11:00AM (had departure passes, stamped passport, etc.). So obviously I couldn't be the one driving; she laughed and said don't worry about it. The case was withdrawn without any other questions.The officer was in the room too!
If it was a minor date/time error then it could easily be modified after the officer read his notes; or if you can't prove even with the incorrect time/date it still couldn't be you; than your SOL.
I go to regional traffic courts 3-5 times year for the past 10 years. Obviously not all for my own offences; since I help others too. There a great place to waste time and have a good laugh when your bored too :lol: .
interesting... anyone know if this would work in vancouver cause the ticket says something like 9:00am and at that time i have classes.. and i can probably get my prof to write me a letter saying i was in class not to mention my 40+ classmates i can also get to vouch for me...
Kenneth
Jun 13th, 2006, 11:50 PM
uh huh, she laughed and said don't worry about it? funny. That's not even the way you would have a ticket thrown out for having a critical error on it. Perhaps the officer wasnt there and you thought he was, or perhaps you're making up a funny a story.
Motioning for a withdrawl due to a critical error isn't what I had in mind. It's quite difficult to prosecute someone for an offense when they weren't even in the country when it occured. Obviously the crown agreed with me and didn't bother looking into the matter further.
Even if the prosecutor decided to go fourth with a trial, they nevered provided disclosure after 3 registered letters to there office. So I had something in else in mind in case the officer did testify and corrected the error.
I'm not sure where your from but in the GTA traffic courts are quite non-chalant. Everyones laid back and could care less about minor offense. I find most of "ticket specialists" and "3rd tier lawyers" that linger around the courts to be worse than real lawyers, since there only in it for the money and not the best interest of there clients. For some odd reason I think you might fall into one of the two categories? If not I apoligize in advance.
Finally I don't appreciate a junior member caling me a liar!
hhh
Jun 13th, 2006, 11:52 PM
If you see a cop driving 130km/hr on the highway and i drive right behind or next to the squad car at the same speed, will/can they pull me over for speeding?
cwb27
Jun 14th, 2006, 01:06 AM
If you see a cop driving 130km/hr on the highway and i drive right behind or next to the squad car at the same speed, will/can they pull me over for speeding?
Yes. Posted speed limits do not apply to police officers on duty. Playing follow the leader won't work.
anabeces
Jun 14th, 2006, 01:14 AM
Yes. Posted speed limits do not apply to police officers on duty. Playing follow the leader won't work.
yeah cops slow down the traffic big time especially because everyone is afraid to pass them...
gilboman
Jun 14th, 2006, 01:52 AM
Yes. Posted speed limits do not apply to police officers on duty. Playing follow the leader won't work.
they dont apply off duty as well ;)
TheDude79
Jun 14th, 2006, 02:02 AM
actually all i was saying is that the NORMALLY BUSY CITY STREETS are desolute (sp?) early in the mornings and even more so on the weekends.
also that 50km/hr over speed thing probably doesn't exist for BC. i know lots of people that got multiple tickets for speeding way over 50+ in the city. all that happened after getting a certain number of violations his license was suspended for a yr or yr and a half tops...something like that.
Wasn't a lady hit at 4am a few years back on Cambie and thrown *80 metres* by some guys going 150km/h on your desolate streets? Seriously going that fast you have no margin for error, and someday something will happen and I hope that it is you that ends up paying the price for your gambling instead of some innocent pedestrian or motorist. Give your head a shake and leave the house 10 minutes earlier.
Oh yeah, and the excessive speeding legistation (BC motor vehicle act section 148 (http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm) ) states that it starts at 40 over the limit here. Good luck when you get caught, which is hopefully before you hurt someone.
rchong
Jun 14th, 2006, 02:18 AM
At 2am, I hear cars and motorcycles going 80-120km/h ouside my house (actually, a car going 90ish just went by). Good thing there's a ditch for a barrier. Just don't speed...
belgiangenius
Jun 14th, 2006, 09:55 AM
If you see a cop driving 130km/hr on the highway and i drive right behind or next to the squad car at the same speed, will/can they pull me over for speeding?
They could, but doing so would be dumb. Just get his badge number so when you appear in court you can swear an information in front of the judge to charge the cop with speeding. Unless he's responding to a call or has another good reason, he's not allowed to speed either.
cwb27
Jun 14th, 2006, 11:04 AM
They could, but doing so would be dumb. Just get his badge number so when you appear in court you can swear an information in front of the judge to charge the cop with speeding. Unless he's responding to a call or has another good reason, he's not allowed to speed either.
I stated earlier, posted speed limits do NOT apply to police officers. I'm not saying this means a cop is gonna do 120 in a 60 cause he feels like it. But they do not have to adhere to the posted speed.
Crotchety Old Man
Jun 14th, 2006, 01:11 PM
They could, but doing so would be dumb. Just get his badge number so when you appear in court you can swear an information in front of the judge to charge the cop with speeding. Unless he's responding to a call or has another good reason, he's not allowed to speed either.
Good luck with that.
Shaner
Jun 15th, 2006, 05:47 PM
They could, but doing so would be dumb. Just get his badge number so when you appear in court you can swear an information in front of the judge to charge the cop with speeding. Unless he's responding to a call or has another good reason, he's not allowed to speed either.
Please tell me you're joking??
Even if you did try to do that, it wouldn't work.
You can't show up in front of a judge and claim someone was speeding and expect that person to get a ticket.
Also, "informations" are sworn in criminal court for criminal charges, not in traffic court for traffic offences.
airodus
Jun 16th, 2006, 01:22 PM
i do atleast 180 thru city/highway every weekend to work, never been caught. but this is @ 5:00AM though so i dunno.
wow, does your city have traffic lights? or do you ignore them like you do the speed limit? at 180kph, you must be running reds, cause lights are designed to switch for the speed of traffic, which in the city is usually 60kph. of course you said at least, so you're probably averaging what? 200kph
go go epeen, my guess is you don't even go half as fast as you say