Im just passing by but there are a couple things here that don't make sense to me........2008 Acura CSX, (guessing year) 93 FD and 18 year old student, cant afford a 240$ ticket and car ins. Wow some things are CRAZY

 

I guess it sounds that way, but the Acura is my parents car, and University is costing a lot. Plus the ticket is going to affect my insurance in the long run. I've heard situations of the premiums almost doubling in price, and for a 18 year old male it is the highest risk for insurance.

$235 I could easily make working extra shifts in my measly minimum pay job, but it is really the long run which does the most damage.

Plus, I've been saving for the FD since 15 years old working summers, holidays etc, since it was a car I've always wanted.

$235 + insurance premium increase could also equate to a ton of parts for the FD, or being able to pay back student loans, just unnecessary loss of money. It's difficult explaining everyone's financial situations but that's kinda the hole I'm in.

 

Bringing the thread back from the dead, but I have received my notice of trial in the mail now, and I am begging for further guidance from the forum! Please help!

Thanks all

 

Be prepared to explain your case in an articulate, logical and believable way. You can explain to them how you feel that reaching 125 km/h was unlikely, if not physically impossible within a certain distance. I don't know if this is still a valid argument, but you can also discuss whether the constable was able to prove to you that you were actually travelling that fast. I followed Scrappy's advice last summer concerning a family member's traffic violation and everything worked out well. Kudos to him for helping out his fellow rotorheads.

 

Send the below in letter form after putting in the correct information via mail and fax to the provincial office where your matter is being heard. I would send it about 6-8 weeks in advance of your trial date in hopes that they cannot get it in time despite you giving them just enough time to comply with the request. Post when and if you get it or if you don't for further instructions.

Your Address

Date

PUT IN THE ADDRESS AND TITLE OF THE PROVINCIAL PROSECUTOR

Sent by mail & facsimile to ______________


RE: Initial Disclosure Request

To whom it may concern,


I am writing to make my initial request for disclosure in the below matter:

Provincial Offences Number: ___________________________
Accused Name: ___________________________
Date of Birth: ____________
Charges: Speeding contrary to H.T.A. s. 128 etc.
Date of offence: __________
Location of Offence: Toronto
Enforcement Agency: _____
Court Date: February 29, 2020
Officer Number: 11566

Please provide me with all relevant information gathered in the investigation of the above matter. In light of the guidelines set out in Stinchcombe, and subsequent cases, we are requesting that you include all relevant material which has been provided to the authorities, including without restricting the generality of the following: all documents, witness will say statements, witness statements, reports, copies of the original notes of such statements and reports and the names and address, occupation and criminal record of the persons providing such information. We would also request that you advise us of any information, which are not being disclosed and an explanation for such non-disclosure. If you require any further information regarding this request please do not hesitate to contact me.

Thank you, and in anticipation of your assistance in this matter, please send the disclosure to:

Your address

Yours truly,

_______________

 

Can we sticky this or something like this? I think it's great for first timers.
It's pretty intimidating not knowing what to do and all. =)

Hopefully I can get an FC this summer and join the meets and such.
sorry for some useless info. : )

 

So I send it in around 6-8 weeks before the trial date so I could just get the disclosure in enough time just before the time they allow in hopes they won't be able to send the disclosure on time?

Thanks a lot scrappy for that long write up, I really wouldn't have known what to do otherwise.

 

..ARROWSPEED..
Gonna have to change that name to ARROW-Slow Down!..
ah.I am not a Saint either..I got Dinged for 113 in a 50 in Bradford,.,Went to court.
But they Lost the Paperwork..Woohoo!..No fine,,Bye Bye!

 

This is why you go to court - if the officer shows, you're probably cooked, especially if they have you on radar/lidar, but they may not show - I've fought 3 tickets in the last 2 years, and not once did the officer show (after 10+ years without even a photo radar, I got a rash of them - I made a mistake and didn't fight the first two, thinking I'd gone so long without tickets of any sort it wouldn't matter - wrongo, huge ding on insurance) Provincial Sheriffs did show for one my wife got and fought, so don't count on it. Frankly, skip the ticket fighters, they just get you the standard offer the prosecutor/duty counsel will offer to keep it from going to court - around here, cut the speed over in half, which if it was more than 15 over, drops demerits from 3 to 2 - but still a conviction as far as insurance is concerned.

If the officer does show, around here the prosecutor usually sends you off to talk it over before court convenes (so show up early!) and see if the two of you can agree to something - so a chance for you to courteously discuss your position with the officer, , often do the same deal duty counsel offers when you show up to request a court date, and if you actually feel you have a defense, you might convince the officer there (from what you wrote, you don't, not being sure of your speed or "being pretty sure you weren't going that fast" isn't going to wash at all unless they didnt' have you on the gun, and you can make a convincing case traffic wouldn't have allowed it).

 

http://www.artofhacking.com/tucops/etc/misc/NOFINE.PDF

This is for the states but most of it should be similar.

 

So you're saying I should go to court early, and then attempt to discuss to the officer my defenses?

misterstyx69, I wish that would happen to me, lose the paper work and get off with all the defenses.

What I also need to know is how to change the date of the trial? I will be overseas in my court date and there's no way to change the plane ticket.

Plus, thanks for the pdf! It helps alot!

 

also unless you're planning on going on a bad driving spree points don't matter.

 

That is exactly right. You are entitled to have your trial within a reasonable amount of time as provided by s.11(b) of the Charter.
If the crown fails to provide you the disclosure then the cause of the further delay in the matter would rest with the crown. You want to build up as much crown or Court created delay in the hopes of having the charges stayed for unreasonable delay.

You are building a potential additional defence separate and apart from the actual particulars of the offence.

You should have someone attend on your behalf on your court date. If there is no police officer present there will be no reason for you to seek an adjournment for your travel since the charges will be withdrawn.

If they don't provide the disclosure your agent will seek an adjournment for that reason. If you ask for an adjournment simply due to your schedule that delay will be counted towards you.

If they do provide the disclosure I am sure it will not be complete and you will be sending a subsequent request for more items.

What I am saying is enjoy your trip since nothing will be happening on your court date as long as you follow the above.

 

Agent meaning who? And who can be the representative on my behalf concerning the court date? Can it be anyone?

And thanks for that assurance, it's honestly a load off my back that I've got the forums helping me and especially ScrappyDoo, thanks.

 

fight it at the court will never hurt. you might not win but at the very least, they will likely settle with you somewhere in the middle.

 

Hopefully it all goes well and insurance companies won't raise my insurance at all.

But who can be a representative? Could it be anyone?

 

Okay bringing this thread back from the dead for a bit more help. It seems as if in the ticket that the police wrote, my name appears to be written wrong. As it should be Tak Shing, it is written as Tail Shing, and even on the notice of trial, they have written my name as Tail Shing. (Kinda stupid) Since if you think about it, if you write the letter K in capitals, I L, (If you angle the L a bit) It comes to look like a K.

The only reason why it appears to look like Tail Shing, is because on top of the I, is has a dot. Is there any defense for this?

Court is coming soon and I really want to be able to throw this ticket out!

Edit: Nevermind, found out regardless, the driver license # corresponds to my name, lame...

Edit: On the notice of trial, they are missing a number on my driver's license, does that make any difference? Instead of the number 6, they put a + sign beside the W. Just anything to make the ticket invalid!

 

following the instructions of ScrappyDoo and u will be fine

hybrid

 

This is just from my experiences of fighting in court. My first question to you is did they show you the radar indicating your speed? Also, you want to do as much as possible to remove credibility from the officer. Ask them to present there licence to use a radar detector, ask them what kind of headlights you had? how many doors? the colour? the make and model? The closest two cars to yourself at the time of being radar-ed. along with the same questions.

You must also make 1000% sure that you mention your actual speed. If you were in an 80, I'd say roughly 87 km/h. The courts can't ticket you for another charge.

But if scrabby doo says otherwise, I'd still listen to him. I'm not much more experienced then yourself.