Need help defending my first ticket (parking - snow removal)

[Azxster]

I have been charged with, "park so as to interfere with snow removal". I am scheduled to appear in court tomorrow for my plea of NOT GUILTY. What should I expect as I enter the court room? Will I be able to plea guilty w/ explanation?

Does anyone have suggestions on getting a reduced fine? The JP told me that if the snowplough left a "mound" around my vehicle, then I am guilty. Since it did not, I pleaded not guilty. The weather forecast shows only 5mm of snow for the entire day of the offense.

Markham by-law officers usually take digital photos of the offenses. In the disclosure, the only evidence that the prosecutor has is a statement from the by-law enforcement officer stating "Tickets 1,2,3,4,5,6: observe snow plow go around above vehicles." Is this sufficient evidence?

The highway is 4 cars wide; 1 car does not impede snow removal for the street.

[ctrueman82]

Either you did it or you didn't, thats how you plea. If you plead not guilty you put the onus on the prosecution to prove beyond a reasonable doubt that you did.

'Guilty with an explanation' is simply guilty.

[Azxster]

Thanks.

Does anyone see weaknesses in the Crown's evidence?

What if the snow plow was not even clearing snow, especially when historical weather report shows 5.4mm for the entire day and a total of 7mm, which includes the following day?

[spf1971]

Thanks.

Does anyone see weaknesses in the Crown's evidence?

What if the snow plow was not even clearing snow, especially when historical weather report shows 5.4mm for the entire day and a total of 7mm, which includes the following day?

In a lot of areas there is a winter parking ban to assist in snow removal. In these areas, it doesn't matter if there is any actual snow or not. If that's the case there is probably a slim chance of fighting the ticket. If it's not the case, maybe/maybe not?

[PCDawg]

http://www.markham.ca/Markham/Departments/Bylaw/PkEfmt/Overview.htm

Markham bylaws state this:

Exemptions are restricted during the winter months beginning November 1st, to March 31st, and become void if snow removal and or winter road maintenance operations become necessary. The fine for interfering with snow removal is $100.00.

Any other time, there are a certain number of exceptions per year(has to be called in to notify TOwn of Markham). Whether it actually does snow or not those days, you can not park out on the streets during those months PERIOD.

So fighting the ticket will be hard.

[rems]

I have been charged with, "park so as to interfere with snow removal". I am scheduled to appear in court tomorrow for my plea of NOT GUILTY. What should I expect as I enter the court room? Will I be able to plea guilty w/ explanation?

Does anyone have suggestions on getting a reduced fine? The JP told me that if the snowplough left a "mound" around my vehicle, then I am guilty. Since it did not, I pleaded not guilty. The weather forecast shows only 5mm of snow for the entire day of the offense.

Markham by-law officers usually take digital photos of the offenses. In the disclosure, the only evidence that the prosecutor has is a statement from the by-law enforcement officer stating "Tickets 1,2,3,4,5,6: observe snow plow go around above vehicles." Is this sufficient evidence?

The highway is 4 cars wide; 1 car does not impede snow removal for the street.

it does...ever try shovelling your driveway with 1 car parked on it.
While there's more than enough room to maneuver the shovel, it's still a pain to do so around the vehicle. Like if you go from side to side, you have to stop where the vehicle is instead of pushing the snow all the way to where the grass is.

[m4gician]

The JP told you? Have you got him to sign an affidavit? Did you request adequate disclosure?

Simply pleading your case with emotions will not win you this case, you have to have proof, as well as material arguments that substantiate your claim. You seem to have knowledge of that, now get some sort of hard evidence to demonstrate that very case.

[Azxster]

I did not want to risk paying $200 (2 interfering with snow removal tickets), so I negotiated with the Prosecutor. I pointed out to her that the officer's evidence was insufficient as it does not state whether the snow removal truck was actually clearing snow. As a result, she dropped 1 of the ticket and reduced the other by 50%, resulting a fine of $200 to $50 with 90 days to pay. The weather report stating the accumulation of snow was 5mm for that day was not a valid defense.

I did not plead with emotions unlike the other 90% of defendants. For example, 1 defendant parked in a fire route because she has a disability. Another parked in a fire route because it was raining.

Tip: When the judge asks whether you have an explanation and you have already bargained with the prosecutor, say NO! Otherwise they will withdraw from the trial and force you to reschedule for another trial date. A defendant was whining to the judge about his reduced fine. The judge did not accept his guilty plead so she disallowed herself from the trial. As a result, the defendant has to show up in court again because he whined over a $25 fine.