traffic ticket trial. need advice

[uhoh,,,]

I'm going into trial tomorrow for a failure to stop at red ticket. I maintain that there light facing me was a green. What should I do when I get to court tomorrow?

[uhoh,,,]

What? 'Failure to stop at a red ticket?' :lol:

You meant red light? Did you run the red going staight

Did you request for your disclosure? (The Police Officer's notes)

Did you try and settle the ticket/bill before-hand?

How will you plead?

yes, it was a red light and i went straight. i have the disclosure already and i will be pleading not guilty.

[uhoh,,,]

Good for you for requesting disclosure. You then know what you are up against.

Understand why pleading innocent, here, you will rarely win. Especially if your testimony goes against a Police Officer's. (HINT: It's not about morality per say, it's more about your ability to PAY.)

How much is the ticket/demerit points?

the disclosure didnt really say much. he didnt note the car turning right at the same time i did and that didnt stop.

how do you advice i should proceed to increase my chances of winning if i plead not guilty? shout i change my plea? this is the first time i've gotten an offense go my driving record is clean (as of right noe)

the ticket is 180 plus 3 demerits :|

[rotjong]

You're apparently not in Alberta, your ticket would have been $287 for the same offence!
I'm not sure if you're referring to a photo radar ticket or if the cop was actually there.
The other thing: you keep saying you will plead not guilty tomorrow, but the fact that you're having a trial, means that you pleaded not guilty already.

Usually the cop, crown and yourself will try to come to an agreement, i.e. you may want to plead to a lesser charge (meaning you will get a smaller fine or less demerit points). If you can't come to an agreement, it means that you will have to tell your story on the witness stand, so will the cop.

It's up to the judge then to decide who is right or not. If he thinks there's not enough evidence to come to a conclusion, he may dismiss the charge altogether.

Good luck!

[uhoh,,,]

the cop was actually there. i tried talking to him, but to no avail.

i'm not really sure about the procedure once i get there. like, where do i go, what do i say, etc. which is what i'm really concerned about because i dont wanna seem clueless even though i actually am.

also, how long do these things usually go for?

i'm in ontario, btw.

[adeel]

OP, I faced this exact charge and had it thrown out as the officer did not show up. It was funny, as the officer who ticketed me actually recommended that I fight the charges as I had a G2 at the time. Whether or not that to her meant I should plead down or hope she would not show up, I do not know.

Anyways, your notice should say what time to get to the courthouse you are in. I suggest that you get there early to try and watch some proceedings to see how things work.

When you get there, there will be notices up for different rooms with names and times on them. Find your name/time and you will figure out what room you are in. If you get there early (I got there almost an hour early for my hearing), you can see who is showing up. If you remember what your officer looked like, you can see if they have shown up, which should impact your plea (unless you are absolutely sure you are not guilty).

About 10 minutes before your hearing time, everyone will be asked to step in the courtroom and sign in with the prosecutor. The prosecutor will ask what you plan to do (how you want to plead) and what your concerns are (demerits, fine etc, in order to determine something lesser to plead to). I myself was basing it simply on the hope the officer would not show, so I said I wanted to plead not guilty. The prosectur told me the consequence of this, and i felt tried to scare me into pleading guilty.

Once this is done for everyone (approx 20 cases are heard by a justice of the peace, in one sitting in one room), they will start to go through the cases. I recall that they go in a certain order (certain cases are heard first before going alphabetically).

When they get to your case, they will call you up. Then the prosecutor will call for the officer. If the officer is not there, they will withdraw the case, and you are free to go.

If not....well I cant really comment because I dont know what happens next!


Good luck.

[uhoh,,,]

OP, I faced this exact charge and had it thrown out as the officer did not show up. It was funny, as the officer who ticketed me actually recommended that I fight the charges as I had a G2 at the time. Whether or not that to her meant I should plead down or hope she would not show up, I do not know.

Anyways, your notice should say what time to get to the courthouse you are in. I suggest that you get there early to try and watch some proceedings to see how things work.

When you get there, there will be notices up for different rooms with names and times on them. Find your name/time and you will figure out what room you are in. If you get there early (I got there almost an hour early for my hearing), you can see who is showing up. If you remember what your officer looked like, you can see if they have shown up, which should impact your plea (unless you are absolutely sure you are not guilty).

About 10 minutes before your hearing time, everyone will be asked to step in the courtroom and sign in with the prosecutor. The prosecutor will ask what you plan to do (how you want to plead) and what your concerns are (demerits, fine etc, in order to determine something lesser to plead to). I myself was basing it simply on the hope the officer would not show, so I said I wanted to plead not guilty. The prosectur told me the consequence of this, and i felt tried to scare me into pleading guilty.

Once this is done for everyone (approx 20 cases are heard by a justice of the peace, in one sitting in one room), they will start to go through the cases. I recall that they go in a certain order (certain cases are heard first before going alphabetically).

When they get to your case, they will call you up. Then the prosecutor will call for the officer. If the officer is not there, they will withdraw the case, and you are free to go.

If not....well I cant really comment because I dont know what happens next!


Good luck.

The officer told me the same thing when he first pulled me over. however, i dont wanna count on him not showing up. apparently london police officers show up 98-99% of the time, so i'm actually counting on having to go through with the trial.

i am trying to figure out what to say for a closing argument, but i'm not sure where to start. any advice on this?

[Whitedart]

I'm going into trial tomorrow for a failure to stop at red ticket. I maintain that there light facing me was a green. What should I do when I get to court tomorrow?

The officer told me the same thing when he first pulled me over. however, i dont wanna count on him not showing up. apparently london police officers show up 98-99% of the time, so i'm actually counting on having to go through with the trial.

i am trying to figure out what to say for a closing argument, but i'm not sure where to start. any advice on this?

If you are going to trial, you are going to have to give sworn or affirmed testimony to defend yourself. If you are sure the light facing you in your lane was green, and you received the ticket in error, a good place to start is tell the truth of exactly what happened.

Justices sit through these cases day after day, and have a feel for someone that is not telling the truth over a ticket.

[mystery]

Several years ago, I got TWO tickets at once:

fail to stop for red light
disobey sign (diamond lane during rush hour)

I showed up in court. Police officer approached me outside the courtroom and asked how I would like to proceed. I said 'not guilty'.

I honestly believed I didn't run a red light. My mother who was with me in the car didn't believe I did either (and she is quite the back-seat driver!)

I was in the diamond lane only half a block at 6:50 p.m. (restriction ends at 7:00 p.m.) and couldn't change out of that lane safely due to traffic, and had to go back to that lane anyways as I was turning right to go to my house. I prepared, showing a receipt with the time of my departure point (Home Depot which was nearby), and a map showing where I live.

Of course they went alphabetically, and I was called first. It's not a pleasant feeling.

The judge asked how I would like to proceed, and I said 'Not Guilty'.

The prosecution then said they believed there was insufficient evidence and the charges were dropped.

[boredstudent3]

^ can you pls elaborate on some more details about what happened in court?

what did u say in your defence such that the prosecution would determine that insufficient evidence is available?

[Whitedart]

^ can you pls elaborate on some more details about what happened in court?

what did u say in your defence such that the prosecution would determine that insufficient evidence is available?

From the description of the poster above you, it wasn't anything he said, it would have been what the officer said to the prosecutor after the officer found out the poster was pleading not guilty.

[rotjong]

Uhoh, how did it go today? Please give us an update!