Speeding ticket: Can I invalidate a ticket if the time is not indicated clearly?

[J. Peterman]

I just got a speeding ticket in one of those speed traps going 52 in a 30 km. zone. the time of the ticket is not clearly indicated. The time is ambiguous and looks like a number , a symbol, and a swiggle. E.G. A,1 ,a triangle, and two chicken scarches that look like a 11 but are much higher up than usual.
Are these grounds to invalidate this ticket? What are any other ways to fight this ticket?

 

[survivor]

I don't know if you could invalidate it, but I just want to say it is very frustrating to get one of those tickets. Similar to J.Peterman, I got a ticket once in those speed trap going at 54 in a 30 km zone.

I paid the fine even though my friends after I paid told me that I should have appeal it.

 

[hornyanglo66]

The only chance is that he doesn't show if you contest it. Bad writing is not a reason for invalidation.

On a similar note anyone who drives the Victoria Bridge should be aware now that during afternoon rush hours Montreal's finest oinkers are always parked at the corner of Wellington and Bridge. They sit behind the old building where shipping containers are now stored and have one or two piglets stand there waiting for people to either blow a light or more frequently block traffic when the light changes. The issue with the latter item is that many times you have no clue if traffic is still flowing as you get to the point of no return. If you just happen to go and it stops suddenly in front of you then you are nailed.

What's best is that these idiots will go and cut across the right lane to signal a guy in the left lane in which screws up traffic even more. Must make their mamas real proud....

'Mom, guess what? I got hired by the MUC Police force'

'That's great son, we are so proud that you will be hunting down criminals'

'No mom, I'll be giving tickets 8 hours a day'

'We hate you son'

 

[t1_1895]

Sure you can contest the ticket. It all depends on your tolerance to risk ... How much is the fine ? How much income will you loose spending the day at the courthouse ? Do you risk loosing your drivers license because these are your last demerit points ?

How was the speed trap set-up? One cop with the radar gun while others pull you over and writes out the ticket. Notice the box where the cop signs? It says : "J'ai témoigné l'infraction" (I witnessed the infraction) or something to that effect. Did the signing officer witness your infraction? Often NOT - and that's perjury - "so officer, you saw my vehicle travelling at xx kph in front of address no xxx while being parked around the next corner? How is that possible ?" etc...

Remember that you are innocent until proven guilty. If the time of the infraction is unclear and you can produce an alibi for most of the day (i.e. at work) ask the officer to make up a time (and hope the judge laughs)....

If you decide to contest, ask the issuing officer for his notes ( full disclosure is required) they often take notes on the backside of their copy of the ticket. Perhaps he has noted the time clearly there. Then get a written alibi for that time frame and sc*w them !

 

[MG_mtl]

Think abouut it before you contest...

Just so you know, cops don't have to show up in our court rooms. When I contested a ticket a few years ago in a municipal court, a prosecutor (who was there for all the cases for that day) read the notes written by the cops who gave me the ticket... and the freakin' judge didn't believe me and I lost ... but to be honest he was right I did deserve that ticket, but everybody told me to contest it 'cause they always won their cases... well BS ! I lost mine ... And don't forget you pay something like 50% extra when you contest and lose your case + court fees...

 

[J. Peterman]

It has been years since I last got a ticket. (over 15 years) I was told that not only do I have to pay the $125 and loose 2 points, I would also have to pay higher car insurance premiums for many years because I do not have a spotless record.

 

[CMA]

Originally posted by : J. Peterman
would also have to pay higher car insurance premiums for many years because I do not have a spotless record.

Your insurance premiums won't increase due to that speeding ticket but your driving licence will be increase, as penality, because your record won't be spotless. In 2 years, when the 2 points will be erease, you won't have to pay penalities that is if you don't get other tickets who give you points.

CMA

 

[EagerBeaver]

In the jurisdiction where I live and practice, you can work out a deal with the prosecutor to enter what is called a "nolle" (abandonment of the prosecution for a period of time, during which there can be no further offenses, after which the case is dismissed) in exchange for a donation to a local charitable organization that is usually 40 or 50% of the monetary face value of the ticket (e.g., $125 ticket gets knocked down to a $50 charitable donation and the charge is nolled). That way the ticket never leads to client accumulating any points and higher premiums. If I know the prosecutor, the amount of the charitable donation will sometimes be in direct correlation to the creativity of my defense to the prosecution. One time I successfully argued a medical emergency in getting a $200 ticket downgraded to a nolle with a $50 charitable donation.

Now whether any of this applies in Canada, I have no idea. I would think your legal system, like ours, recognizes the practical reality that if it is all or nothing, judges and prosecutors have difficulty moving cases off of the docket. And a busy prosecutor needs to get the fucking shit cases (like this one) off of his/her desk. And a busy judge knows that his/her ability to get promoted will in large part depend on his/her efficiency in moving cases off of the docket.

Good luck to you.

 

[J. Peterman]

Only in America, pity! (you haveto be a Canadian to appreciate that one)

 

[hornyanglo66]

Isn't it great here in Quebec?

You get a ticket and lose demrits. So you pay your fine and think it's done with because you still have many pointsto give. Wrong... If you have more than 3 points you start to pay extra on yuor registration and on your driver's licence...

1 penalty paid for 3 times....

And they wonder why people want to fuck the government?

 

[MG_mtl]

BTW, nothing to do with this thread, but is it true that you cannot turn right on a red light in Canada?

I think Qc was the last Province in Canada to finally allow it, but it is still illegal on the island of Montreal (meaning it is OK in Laval, south shore...). How retarded

 

[Waynegrow2]

I think Qc was the last Province in Canada to finally allow it, but it is still illegal on the island of Montreal (meaning it is OK in Laval, south shore...). How retarded

I respectfully disagree. Like NYC, the isle of Montreal has no right on reds. The medical costs alone for struck pedastrians would put both cities into bankruptcy.

Its a good law for bustling cosmpolitan areas w/ high vehicular/pedastrian/velo traffic.

 

[incognito_NYC]

Fines for speeding VS. Your insurance premiums!!!

Anyone & everyone should attempt to fight a speeding ticket for one reason alone .... your insurance premiums will skyrocket for the next several years!!!

Depending on where you live the points on your license remain on your record for a number of years. And the # of point you get depend on the speed they clocked you at.

First off, if the cop doesn't show my experience is that they let you off. Again this may differ depending on where you live or the municipality that gave you the ticket. If you're on the NYS Thruway local police don't pull you over, it's the state troopers. The court appearance will be scheduled with whatever township you were in when you were caught speeding. The trooper may be assigned to a different area on the day of your court date so you show up & cross your fingers.

Secondly, if you & the cop do show up sometimes the amount of the ticket will be reduced by lowering the bracket of the speeding offense. Doing 85 in a 55 puts you in one of the highest brackets. If you can work out a deal to plea 74 and be done with it you are now less than 20 MPH over the limit and the fine & points will be substantially less.

Thirdly, as J. Peterman initially pointed out, there's some garbled writing on the ticket. Now it may be just technical mumbo-jumbo that you're not expected to understand. Sounds to me like it could be quoting the section/article identification for the local law that prohibits speeding. If so you're out of luck. But if something is indeed filled out incorrectly the charge is dismissed on that technicality. I've had it work for me in parking tickets & moving violations. Proofread EVERYTHING on your ticket carefully. Location, date, time of day, make/model of your car. I once had a state trooper deliberately handwrite the speed on the carbon copy that goes to the court but because of that my copy was missing that vital piece of information. Why did he do that? Maybe he just didn't want to be bothered going to traffic court but still met his "quota" .... even though we all know there is no such thing, right?

Fourthly, question how the rate of speed was determined. Radar devices are known to be less than 100% accurate. Question how your particular vehicle could have been singled out if other cars were on the roaod as well.

And lastly, (and this sounds far-fetched but I've heard it before & it just worked recently for a friend of mine) try appealing to their pocketbook. We all know the purpose of traffic tickets is to generate revenue. Filing the info regarding your traffic infraction with Motor Vehicle Dept. takes time & money. The points on your license are what are really going to hurt you more dollar-wise in the long run when you see your next bill for car insurance. But that doesn't benefit the municipality that is processing your ticket. So offer to pay the full amount for the offense that you were written up for if the charge can be listed on record as something that will NOT add points to your license, or even as a parking ticket. They get their money, no additional time or effort on their part, and you pay a one-time fee and forget about it after that. That sure beats being haunted by one stupid ticket for 3 or 5 or 7 years! If you don't try you'll never know. It's always worth a shot.

Good Luck ... and watch out for those speed traps!

 

[wilko26]

Speeding ticket are hard to fight with thoses new laser radar... I saw a usa tv show that some model even take picture and its saved on file with the date/hours on it.... not sure if we have same models over here. Also one thing with fighting tickets: the 2 year timeframe to get back your point start at the moment you PAY the fine not at the moment you get caught.

Wilko

 

[Robin]

I get a speeding ticket or two a year and that hasn't changed my insurance premium or my good driver rating. But if I am at fault in an accident and my insurance company has to pay, my premium will be higher for a few years. Are things more regulated in Canada that all insurance companies have agreed to penalize drivers with only a few speeding tickets? Can you shop for an insurance agency that will give you a better deal on this?

Where I live, I just drop off my check and ticket in a printed envelope at my local grocery store. Will it be as easy if I get a ticket in Montreal, with a US driver's license?

 

[MG_mtl]

I get a speeding ticket or two a year and that hasn't changed my insurance premium or my good driver rating. But if I am at fault in an accident and my insurance company has to pay, my premium will be higher for a few years.

Same thing for me in MTL.

 

[J. Peterman]

I was told that the insurance companies do random searches of motorist, especialy high risk drivers. They do increase your premiums if you have demerit points.