We have compiled a list of some of the most frequently asked questions about traffic tickets, please give us a call for your FREE consultation about your specific needs.
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Traffic Tickets
I Have admitted my speed to the officer, can he use this against me in court?
For a speeding trial the officer is not going to use any statements against you in court. It’s not relevant to the case and the Justice of the Peace will not want to hear this evidence. The disclosure for your case will have the Police officers notes.
I wasn’t going as fast as the officer said, is this a defense to the charge?
No. While it may be a defense against a minor detail of the charge, by arguing the amount you were over, you are still admitting to speeding. You should not take the stand unless you can swear under oath that you were not speeding at all.
The Police officer reduced my speeding ticket, and I was told that if I fight the ticket he will put the speed back up. Can I still ask for a trial?
You should discuss this with us, during the free consultation. There are many different reasons why an officer reduces a speeding ticket. These reasons could help us win your ticket in court. Only the prosecutor at court can ask the Justice of the Peace to put the speed back up to the original speed on the speeding ticket.
Reducing the amount of speed is at the discretion of the officer. Sometimes the Police officer does this for hidden reasons that only a qualified court agent would know.
The Police officer was on private property when he pulled me over, does it affect the ticket?
The Police officer can write speeding tickets or set up radar on any location they choose. If the owner of the property came out and asked the Police to move off his property the officer would have to oblige. It does not affect the validity of any speeding ticket or traffic ticket.
The officer was speeding, I followed behind him then he stopped and said I was speeding, but he was speeding too. How can I get a ticket?
Police, Fire, and Ambulance vehicles are exempt from the speeding laws of Ontario. Therefore, while you may be matching there speed, only you are in violation of Ontario law.
What if I can’t make my trial date?
Adjournment – Adjournments have to be three days before the trial or adjournment date and must be submitted in writing. You or a representative must appear on that date.
I was stopped by an officer who was going the other way and turned around to pull me over for speeding, can they do that?
Many Police cars are equipped with Radar that works while their car is in motion, this would give them the ability to monitor speeds from virtually any direction.
What happens if I miss my court date?
Missing your court date generally means that you will be found guilty. A conviction will be entered against you, and you will be required to pay the fine. On top of that, insurance companies have access to this information, and your rates can be raised based on this.
Can I defend the speeding ticket by saying that my speedometer was not working?
You are always responsible for the speed of your vehicle. A speedometer is not a required piece of equipment in a motor vehicle. It is not a defense to say that your speedometer was not working. It is not a defense to say you didn’t know.
Do radar or laser make mistakes? What is the best defense to the charge?
As with any instrument, there is a chance for mistakes. However, Radar and Laser are generally accurate to within one percent. In a case like this, it is best to take us up on the FREE consultation, so that we can let you know what you are up against, and what the best course of action is.
My trial is scheduled a long way off, what should I do?
Sit and wait. There are options, but it is usually better to wait, as the delay can work in your favour. Your insurance company, and the Ministry of Transportation will have no knowledge of the charge, or the upcoming trial. However, if convicted, any demerit points will be set from the date of the offence, not the date of conviction.
I was not allowed to see the radar reading. Is this valid grounds for a dismissal?
No. The Police officer is well within his rights, and is not required by law to show the radar readings. In some cases (on 400 series highways) it is illegal for pedestrians to even be walking on the road. This issue has been fought in court, but the courts have decided that it is not relevant.