How To Beat A Traffic Ticket in Toronto
Before you get all excited, there is no real way to beat the system. But there are things that you can do to help yourself from being completely shafted.
1. Never pay the fine outright.
If you pay your ticket without going to court, your conviction will register immediately and you’re pretty much screwed with your insurance. So even if you get a ticket for 10 over, don’t pay it. Take it to court. Why you ask? Because your conviction will only register after you have been found guilty. With the state of the court system today, that can be up to a year or more before you go in front of a judge.
So let’s say you got charged with not stopping at a stop sign even though you did stop. You can’t fight it because they’ll always believe the cop in court but you can limit the insurance penalty.
Even if you’re found guilty in court, the points will go on your record only after the conviction so they may only stay on your record for 6 – 8 months if the courts are jammed enough. This is because the points are based on the offence date and not the conviction date.
2. Go to court and look and listen for the cop.
The prosecutor will check in with all the cops. It helps if you can memorize the cops face when he stops you but he’ll say his Officer Number to the prosecutor to check in so listen carefully. If he’s not in court, your charges will be dismissed. This has worked for me 7 times in the past. Cops don’t always come to court. Sometimes they are busy or have to work and so on. If you’re really polite when they stop you, they may note it down and not bother to come if it’s just the one case.
3. When in doubt, bargain.
The prosecutors are lazy. They just want the conviction for their stats so they’d rather not sit there actually doing their job. They want to bargain with you and go to lunch early. You can usually get minor secondary offences dismissed and reduce your charge if you agree to plead guilty.
4. Stay away from those ticket services.
If you hire one of those “We’ll get you off for any violation” people, they really won’t do much for you but take your money for doing what you could basically do yourself.
5. If you have time and friends, stall.
If you have an agent that is willing to go in for you, you can try stalling by having them tell the JP that you are really sick with diarrhoea or something else disgusting and believable then ask for a new date. Stalling not only adds more time from your offence date to the conviction but it also increases the chance that the officer won’t show up. But don’t have your agent talk to the prosecutor in this case or he/she will know what’s going on. There is always the chance that the JP won’t believe your agent in which case he’ll have to say that he is not prepared to proceed and you may get convicted anyway. In that case, take the time it took to get to court as a bonus and be happy with that.
6. It’s your Worship not your Honour.
Apparently they get very testy about this. The traffic court has a Justice of the Peace (JP) and you refer to them as Your Worship. The criminal courts have judges and they are Your Honour. Holy crap talk about an ego trip. In any case, you won’t get a fair shake from either because in my experience, they always believe the cop over you. So no point in pissing them off further. Just remember to call him Your Worship and you’ll be fine.
7. An excuse is not the law.
If you have an excuse for doing what you did, it won’t matter so don’t waste your breath. They just go by the law like some kind of idiot robot. There is no room for humanity in the court so even if your baby was dying, they’ll convict you because you technically broke the law when speeding to the hospital. It’s best to try to prepare based on the actual law if you plan to fight the charge.
To sum it up. Basically, just go to court for any offence. The $20 extra for court fees and so on are well worth the insurance premium over a year with points on your record.
If you have a serious conviction like DUI or something, go talk to a lawyer right after your AA meeting. I only intend this advice for minor traffic offences. Good luck.
September 13th, 2007 at 2:33 pm
You missed one thing.. order the officers descloser as it may have some clues for you to argue in court.
October 2nd, 2007 at 3:57 pm
Terrific Advice; If only I knew before. I’ve got way too many tickets to handle; i can’t even keep track.
Questions:
1. How Do you delay a court date? and when?
2. How and and WHEN do I call in sick (if I don’t have an agent)
3. Can you call in sick or delay going to court, on the day of the court trial? This is because If I see my officer there; is it still possible to excuse myself from court? (without an agent).
Lastly,How do I order this “Officers Disclosure”?
Thanks; any detailed advice would help. You guys are the best. Hugs.
October 2nd, 2007 at 4:11 pm
Hi Godzilla,
Thanks for the positive feedback. Unfortunately we’re not lawyers so I don’t have an answer for all your questions but in general my experience has been that you must have an agent in court for them to do anything. I don’t think you can do anything over the phone. An agent can be anyone. A family member, a friend or anybody that can appear and speak on your behalf. Sometimes the delay doesn’t work even with an agent so you are really just trying your luck. It’s worked 7 times for me in the past out of 9 so the odds are actually pretty good.
To get the disclosure you probably have to go to the court house and order one. They need to put the request into the prosecutor. Go by your court office and ask them for the details.
Good luck.
May 29th, 2008 at 10:41 pm
Hi there,
I recently got charged with disobey stop sign at an intersection. Now here is the deal. There is no getting around the fact that I went through this sign however it is in an odd place in fact the intersection follows a bend in the Road and the 3 way intersection is more like a y than instead of two perpendicular roads intersecting one another. Coming around the bend it is difficult to see the stop sign and furthermore it is nestled amidst the bushes and vegetation making it difficult to see. One more thing there is no white line indicating where to stop how do we deal with this? I went through and the cop well was being a cop so to speak. He was gentlemanly but his partner seemed to play the abusive role but that is nore here nor there. Is there a way to have this charge removed and stricken from my record?
May 29th, 2008 at 10:53 pm
Hi Marco,
Unfortunately I’ve never had to deal with that type of ticket so I’m not entirely sure how to handle it. Your best bet would be to go and take some photos of the road and the blocked stop sign. I’m sure that you can be creative with the angles to your advantage. If you can show that the sign was not visible and that there is no line on the road to indicate a sign, you should be able to get off since it’s not your responsibility to put up proper markings and signs.
In either case, you should fight it. The delay alone will make it come off your record much faster than if you pay it outright even if you lose. But if you go in with photographic evidence, there is not much the cop will have to say. All they bring is their little notebooks. You should also jot down the events so you have a clear recollection of what happened and use it in court.
Good luck.
January 14th, 2009 at 8:39 pm
What about the Askov decision? I’ve heard that if it takes them over a year for you to receive your court date, you can use that to have it canceled. Do you have any input on that?
January 22nd, 2009 at 10:27 am
What if I got caught driving without insurance, what can I do to fight it or even decrease the fine?
January 22nd, 2009 at 4:49 pm
i got a court date for may 11th 2009 when the offence was april.2008
isnt that too long
January 28th, 2009 at 7:41 am
Johny,
Fight driving without insurance charge. Go and see someone.
If you were caught driving a car or other motorvehicle uninsurred then you can be in some serious trouble. Driving a vehicle uninsured will typically have a first time fine of $5000 plus Court costs of $1250 in Ontario.
January 28th, 2009 at 3:06 pm
I got charged with Disobey Stop Sign last winter (3 points and $110.00 fine)
Made a date with the Ontario court system and had a court date a year later.
Went to court, they gave me two options
1) Go to trial and risk being change with the full points and the full fine.
2) Ask for a point reduction.
I went with option 2, when I took the stand, had to plead guilty.
Go off with zero points and had to pay $55.00 [$40.00( Fine)+$5.00(Court charge)+$10.00(surcharge)]
Only one person in my group went to trial (For not wearing a seat belt), Judge end up charging him for the ticket and points.
January 28th, 2009 at 3:11 pm
Roey
Court date is not too long, In the pass 10 years, I got charge twice and both court dates where year +, in the pass you could book a night court, do not have that option anymore.
February 5th, 2009 at 9:11 pm
I would like to know how accurate are the Radar guns that they point to you. I was driving on a crowded road where other cars were driving at the same time. The officer that stoped me is always standing at the same spot and knowing that I was not speeding. He showed me the Radar screen showing 69 kilometers in an area of 50 for 213 meters. I could not believe it as well as my passanger. Is there a way to fight this?
Who do I complain to? Ombudsman? Police services?
April 13th, 2009 at 10:05 pm
Radars read the largest fastest moving vehicle so you should try arguing that there were larger vehicles driving around you and you have the advantage of a passenger who is your witness
April 16th, 2009 at 5:01 pm
I am planning to take my stop sigh ticket to court. If I am offered a reduced fine with no demerit points but must plead guilty, should I take it? Will my insurance still consider this a violation?
May 12th, 2009 at 5:14 pm
Good on ya mate, this article’s great, and lol@your worship. I had no idea.
http://fightmyticket.ca
September 15th, 2009 at 2:03 am
Why did you guys stop writing, this is such supportive talk. Here is my dilema in north york
I recieved today going 94 in a 60 zone.
The cost is 259 total payable ( although 200 is the fine)
Did not give me a break but scribbled 2 speeds on the ticket 80 in 60 then cut out the 80 and made it 94
Do u think I stand a chance in eliminating this ticket
I had a ticekt ayear ago which was similar offence and reduced to running a stop sign ( i believe 2 points)
Thanks in advance
Mo
November 21st, 2009 at 8:17 pm
Hi, I recently got my first ticket for disobeying a sign. The officer already took me off the hook with failure to slow down and stop right away (I panicked), which is going to be 6 demerit points!
I am thinking of going to court for my ticket that has the $110 fine and 2 demerit points. Is there any chance that the officer would remember me and charge me with the 6 demerit points when I take it to court?
Thanks in advance!
November 21st, 2009 at 9:33 pm
Hi Sophia. The officers often tell that to people so they’ll just pay the fine and not contest the charge in court. The ticket that you have been charged with is the charge you are going to face. The officer cannot retroactively charge you and he has no control over the legal proceedings. The court appearance is between you, the prosecutor and the justice of the peace. The officer is there as a witness and nothing more.
If you have the time to contest it, you can usually work out a deal with the prosecutor for a lesser fine. Even if you fight it, the JP will sometimes reduce the charge. But of course this depends on who you get. Some of them are not, how shall I put it, very pleasant. But if you can make the case that it would create financial hardship or if you’re a student or something they take it into consideration. But you cannot be charged with additional charges without new evidence and it certainly won’t happen during your court appearance so please don’t worry about that.
Good luck with your ticket.
December 10th, 2009 at 12:15 pm
I was issued a speeding ticket – 153/100 – by the OPP some years ago during one of their speeding blitz. I requested for a trial since I believe I was innocent of the charge.
Before the trial begun, the prosecutor asked me whether I would like to plead guilty in exchange for a lesser charge. I turned it down since I was quite confident of my position and the planned testimony of my witness who was the front seat passenger when we were stopped.
When the trial commenced, my witness and I observed that the officer, who gave me the ticket, was not present with the other OPP officers in the court room.
When my trial begun, I started off reading my prepared statement stating the points why I thought I was innocent of the charge.
The prosecutor interjected that all the points I was reading off were hearsay even if they were researched information.
The JP upheld the prosecutor, admonished me to discontinue my testimony.
As a last ditch effort, I stated to the judge that the ticket-issuing officer was not present. When I stated to the JP that my witness was ready to corroborate my allegation, the JP did not agree to let my witness testify.
An OPP officer came forward, stating that he was the officer and presented to the JP and even to me his ID papers which the prosecutor and the JP upheld despite my vocal protestation.
I was found guilty and had my license suspended together with the corresponding fines and subsequent increased insurance premium.
- prior notice was given to the prosecutor about my witness’ intent to testify; did the JP have the judicial right to prevent my witness from testifying and also to cut short my testimony when the prosecutor interjected that it was all based on hearsay?
in hindsight, my witness and I deducted that the OPP officer – who was with some other OPP officers in their position – who gave the ticket might have done so on behalf of one of his co-officers who was the officer present during the trial.
Do I have grounds for a re-trial based on the pertinent information I cited?
Is it within the statute of limitations to have it re-tried?
If affirmative on both questions, is it winnable in a re-trial and is it worth it?
Thank you for any enlightenment.
December 10th, 2009 at 12:55 pm
Hi George,
That was extremely unfair and should not have happened to you. It just goes to show the level of collusion and corruption in this system. My advice would be to sit down with a lawyer for a consultation and ask him for advice. Whether it’s worth it or not is really up to you. There is no justice in Canada. Only how much justice you can afford to pay for.
Good luck.
December 14th, 2009 at 2:31 pm
Hello,
I need a little help. I caused an accident making a left turn into on coming traffic. The person I hit just happened to be my co-worker.
I got a charge of failing to afford reasonalbe oportunity to avoid collision, sect 141(s).
If the co-worker, who is the crown’s witness besides the officer, does not show up to court, can the case be thrown out? The officer was not present at the time of the accident but after the fact. No other witnesses.
What would be the most appropriate defence and next steps?
Thanks in advance.
December 30th, 2009 at 2:06 pm
accident cases are a lot more tricky than a simple traffic ticket. you may want to consult with a professional for that ticket as not only are you charged with the offence, the accident itself can drastically increase your insurance.
if you are going to fight it yourself, having the co-worker not show up would help your matter, but not a 100% guarantee it would be thrown out automatically. definitely can’t hurt though!
January 6th, 2010 at 3:07 am
I was in an accident that police
A car span on black ice going downhill on a slight slope. She blocked off both lanes one way. I was driving behind keeping a decent distance. But when I hit the breaks my car just slid into her, hitting the car on the side. Because she was at an angle my car bounced onto oncoming traffic where I hit another car.
Police did not write any tickets claiming the accented no-fault due to weather conditions. However, insurance company is trying to put the blame on me, because I was coming from behind.
What can be done to make the insurance company not blame me for the accident?
Thanks!!!
January 19th, 2010 at 12:28 pm
Suggestion to all-disclosure disclosure and CAUTION: refuse to go on trial if the disclosure is handed to you at the set court date–ask for remind date– excuse get legal opinion–
Always take the time to observe court cases before your trial. I’m amazed how stupid people can be. All the pralegals rarely fight the ticket–drop one and plied guilty on the others or reduce the speeding charge. Of all the times been in traffic court– Most Paras are useless-only deal makers. I got a ticket to fight to day–parking $60 for loading area. Received Dec 27/08–now Jan 19/10.
In Mississauga the Askov case only works after lapse of 12 months.
Toronto?-Iwill find out.
Re: Askov case–you must have a copy of the case and before the case starts–plead the Askov case.
I might not,but come-up with a question to the Green Hornet–how do you know I was not loading my load ect.
Note: Appeal Appeal–A judge hears the case and most of the time-Dismissed. Sometimes it’s better to pay the ticket–$60 —-you bet {:^/
January 19th, 2010 at 12:31 pm
Side note miss–Wait 2 weeks before trial to ask for the disclosure. Stall Stall Stall
January 24th, 2010 at 2:42 am
hi i have a question i have been driving for over 11 years and i have always had a clean record however that all changed when i was pulled over by a police officer for not wearing a seatbelt but i had a reason because i had something in my pocket and it was bothering me so thats why i took my belt off i even took the item out of my pocket to show the cop to prove i was telling the truth but the cop still gave me a ticket i set a court date and i am pleading not gulity and i am really nervous cause this is my first offence is there a chance my insurence will go up i got the ticket last feb
thanks
February 10th, 2010 at 5:16 pm
I was pulled over today for turning left onto yonge st after exiting gardiner expressway east. For years you could always turn left in 2 lanes now the cop said you can’t turn from the 2nd lane yet no signs i saw and the white line on road still turns to the left. Should the white line not go straight so you don’t cross over it…..
February 10th, 2010 at 5:41 pm
Everyone, visit http://www.ticketcombat.com. All you need to know there.
Fight every ticket you get, even a parking ticket. Make prosecutors work for a conviction.. otherwise people in court are like hens in a slaughter house. Moreover.. a tip, show up late to court, the officer may think you’re a no-show and might leave early. Make the officer wait in court rather than leave early.
February 10th, 2010 at 5:45 pm
A tip.. if you see you’re officer is not present in the court room, your charges will be dismissed. Also, if the prosecutor tries to adjourn (delay) your case to a later date because the officer is not present, refuse and say you’ve already waited long enough to address the issue, and that you want deal with it now. The prosecutor needs the officer as a witness to prove his case against the defendant.
February 17th, 2010 at 4:39 am
i made a left turn but there was a sign saying no left turn except during this time . pls tell me how to fight for this ticket
February 22nd, 2010 at 11:39 am
Hi,
Last night I was pulled over by a cop driving in the highway and he claimed that I was going 147 km/hr and issued me a $347 ticket! I am definitely going to take to court but I just don’t know what are some defense methods that I can use? There is no way I was going that fast maybe around 130 max.
I also noticed that the cop did not ask for my insurance and registration and only asked if it was my car and I said no cause it wasn’t it was my friends. He just took my licencse and came back with the ticket. I’v never been issued a ticket before and have always had a clean record. Please help me out I am a student and can’t afford to go trough all this financial trouble.
February 26th, 2010 at 12:21 pm
Hi,
Your help is appreciated regarding the disclosure request.
I have faxed 2 requiests and for the second one, I got response asking for my phone number. I have faxed the phone number back and have not heard from the prosecutor since.
On the court date, I told the prosecutor that I had not received the disclosure and showed her the fax records but she said she had not received my last fax. The officer who gave me the ticket came over to me and provided the photocopy of his notes and rescheduled a new court date 3 months later.
My question is, should the copy of notes directly from the officer considered the disclosure, or should I continue to ask for the disclosure from the prosecutor?
BTW, the ticket is about fail to stop when meeting school bus on a 5 lane road, which I and my passanger did not see before or after being stopped by the officer.
Thank very much!
March 16th, 2010 at 7:24 pm
Hi: I missed a court date for a traffic violation recently for reasons I won’t go in to. What happens now? Is there anything I should do?
April 12th, 2010 at 3:36 pm
Just last week, I got a traffic ticket for making a left turn during a set hour where you can’t turn at Maxome Ave (near Finch station). When my car was pulled over, I was not sure what is going on. I know that there was a sign for no-right turn, but there was no sign for no left turn. There were over 20 cars stopped that day. During the incident, I do not the chance to take picture of any signs or what so ever. Next day, they placed a no-left turn sign.
I am not too sure how about I’m going at this. Like if there is any possible way to confirm when the sign for no-left turn was placed up. I tried calling my ward MP. But all I was told that after I received a ticket, they have no control over anything. All I can do is go to court and if it is shown that there were many individuals on that day received the no-left turn traffic ticket, then they will look into it. However, how am I suppose to find that out? What to do? Pretty clueless now.
April 12th, 2010 at 3:47 pm
Hi Ling,
Either way you should fight it so it costs the government money. That’s the only way to really put a stop to this. You can also try contacting the city to find out on what day the sign was placed there. With some persistence you can get the information out of the city because they will have a record of any work done on the street.
May 10th, 2010 at 12:31 pm
I was pulled over by a cop who issued me two tickets: one for expired plate permit and another for having a tinted plate cover. He said that he would give me a break and that if I went to the MTO/prosecutor and showed proof (take a picture of my license plate) that I updated my plate permit and got rid of the cover, that I wouldn’t get fined or get any demerit points. Is this just BS? I mean if that’s the case couldn’t he just give me a warning and let me off? How would the prosecutor know to drop all charges?
May 10th, 2010 at 1:30 pm
It is just BS. It’s a way for them to make you feel like you’re catching a break so you won’t fight the other charge. They do it all the time. That’s why traffic cops often ask for your insurance and ownership when they pull you over for speeding or any other offence. It’s easier for them to issue multiple tickets at one time. You should just fight the charges so at least it costs them money instead of making cash off of you. Either way you can’t get a worse fine and you have a chance of getting off.
July 23rd, 2010 at 5:42 am
Recently got a ticket for “fail to stop at red light”. I was making a right hand turn. It was 730 in the morning driving south on Main street at Kingston road. The upcoming traffic light just turned red. Eastbound traffic has an advance green. I did a slow-down observed the advance green and proceeded to turn right. The only other car on the road that Sunday morning was a police officer. Sirens go on I pull over. The officer approaches the car and asks me where I am going – so I tell him (work and the location). He then says “Can I have your driver’s liceince hun? Pass it to him, he returns about 10 minutes later tells me he viewed the camera and needs to give me a ticket.. hun. The officer never told me why I was pulled over and when I began to ask him questions he turned and walked away from my car.
I have put this ticket into court… $325 and 3 points. Do you know approximately how long it will take for this ticket to come to court and what my chances would be?
July 23rd, 2010 at 10:22 am
I can take anywhere from 3 to 8 months or more depending on the backlog. The JPs are extremely biased towards to cops so if he shows up just plead with the prosecutor to give you a reduced fine. There is no real justice once you get to court since everyone is just there to process your payment. I’ve been to many trials and 100% of the time the JP went with what the cop said even though his only proof was his stupid little notebook. So just plead it out and pay a reduced fine because there is no real way for you to prove that the lying cop was rude to you or that he actually saw you go through a light.