That traffic ticket you just received might not seem like a big deal, especially if $110 (or more) fine is not much money to you. However, traffic tickets can have many consequences that go beyond just the initial fine. Unfortunately, most people also don’t consider fighting traffic tickets because they usually feel like they have been caught “red-handed”. They think “I was speeding” or “shoot I really did not come to a complete stop at that stop sign”, and as a result feel like they shouldn’t even bother with trying to fight it. In other circumstances, people might just assume that it’ll be a lengthy battle and they don’t want to be bother with taking time off work to attend court for it. It’s ok, we are here to guide you through the process.
Table of Contents
- The financial impact of a traffic ticket
- The reasons to have your traffic ticket stayed or dropped
- The steps to fight your traffic ticket
- When you should not pay the fine or request a trial
- How to request a Stay of your traffic ticket
The financial impact of a traffic ticket
Like I mentioned earlier, the consequences of a traffic ticket go beyond just that initial fine that you receive. The financial impact of these traffic ticket convictions can also result in more costs than the initial fine. Even if one enters into a plea agreement for a smaller punishment, the conviction that results from, instance, a minor collision that was related to a careless driving infraction can increase your insurance rates by a factor of two or three.
If you choose to pay the fee, admit guilt and agree to a smaller charge, or are convicted after a trial, the financial repercussions could be significant. The majority of individuals also think that receiving a traffic ticket makes them guilty, although this is untrue. Section 11(d) of the Canadian Charter of Rights and Freedoms states unequivocally:
“Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.“
You give up this right if you pay the fine. At the absolute least, asking for a trial can postpone your conviction and reduce how long it remains on record, which might save you hundreds of dollars on your insurance premium.
The reasons to have your traffic ticket stayed or dropped
- The evidence against you is not disclosed to you.
- The needed information is missing from your disclosure materials.
- From the time you received the ticket to the trial date, at least ten months have passed.
- The ticket itself has a fatal flaw.
- The police officer is not in the courtroom for your trial.
- Your parking ticket was not submitted to the court by the city within 75 days.
- Neither a parking ticket was attached to your car nor was it given to you in person by the police officer. If any of the following pieces of evidence are absent, you go for a Motion of Non-Suit:
- Verification of ownership
- Parking infraction certificate
- Notice of Trial – Often overlooked
The steps to fight your traffic ticket
1) Document everything
If you are just reading this now you’ve likely also just got a ticket. The first thing you should do is make notes on what happened. You can do this in a notebook or on a computer but make sure you note things like where it occurred, the officer’s description, any remarks the officer made, the time of day, temperature outside, road conditions and weather conditions. You can write down as many details as you can recall!
2) Select the “Request A Trial” option
On the back of your ticket, you’ll notice several options available to you. The one you want to select is called “Request A Trial” and then mail the ticket in. Within a few weeks you’ll receive a notice regarding the date of your trial through the mail. If English is not your first language, you can request an interpreter at this point.
Note: There are a few times where you should NOT request a trial or pay the fine. Please see these examples further below under “When you should not pay the fine or request a trial”.
3) Contact the courthouse to obtain prosecutor’s contact info
If you have received your trial date, then you are ready to move to contacting the prosecutor’s office. You are going to need to request something called “disclosure” which is collection of records gathered by the police and the Crown in connection with your traffic ticket case. The Crown and police will use this material to try to convict you. You will have to send your request for disclosure by registered mail OR by fax. Here are sample disclosure requests we have created for you:
If you trial date is schedule for 10 months or more from the date of the offence (the date you got the ticket), then you should send a letter to the prosecutor asking for your trial date to be moved up to demonstrate that you are not waiving your right to a speedy trial. You can find a sample of a Waiver of Right sample letter here.
Tip: Never include your phone number on the disclosure request, as the courthouse will call you and ask you to come pick up the disclosure request from the courthouse. It is better to have them mail it to you as it won’t take up your time and if they do not end up mailing it to you it’ll only work in your favour.
4) Send a follow up request if you haven’t received disclosure a month after requesting it
Only do this if there are a minimum of 2 months remaining until your trial date. Make sure you send the letter by registered mail to the prosecutor advising them you sent a request and still have not received the disclosure. Repeat this process twice a month until you get the disclosure. This is important in case they don’t send it as you will probably be able to get the entire ticket dropped over this.
If you have a month left until the trial date and still have not received the disclosure, xthen you are one step closer to getting the ticket dropped. Not receiving disclosure is a good cause to avoid going to court as your goal is to avoid being found guilty. According to Section 7 of the Canadian Charter of Rights and Freedoms:
“…the right to disclosure to help you prepare your defence and answer to the charge is a principle of fundamental justice. You must have disclosure of all the evidence before the trial. If you don’t get it, you can apply for a stay.”
Since your right to disclosure has been violated, you can file an application with the Attorney General to stay (stop) your trial.
5) I received my disclosure, what now?
Take the time and review the disclosure package in its entirety. Make sure all documents in the package are complete and that the officer notes are accurate to what occurred. If you aren’t able to read the officer’s notes, then you should note this and request his notes be type written.
Send another disclosure request with a clear description of what you need if you respond “No” to any of the aforementioned questions and there are still months until your trial. You should concentrate on submitting a motion to stay your trial due to improper disclosure if you have less than a month before it starts. You may need to spend some time putting together a defence to your charge if everything in disclosure appears to be sufficient.
6) My trial date is here!
Traffic court is quite different from criminal court as you will have your trial date on the same date in the same court room session as a few other people. When you arrive at the courthouse, check the docket sheet posted on a wall as soon as you walk in. It’ll have your name and docket number and tell you what courtroom you are in. When it’s time, you and a few others will enter the courtroom and take seats. At that time, you will have the chance to look around to see if the police officer is present. The prosecutor will walk around and ask each of you how you intend to plead before the Justice enters the courtroom. If you notify the prosecution that you intend to enter a not-guilty plea, he will propose a plea bargain.
Whether you accept the plea bargain or not, you’ll have to go before a judge. When you turn has come, the judge will ask you how you plead, and this will give you a chance to switch to a guilty plea or keep a not guilty plea and a trial will commence.
When you should not pay the fine or request a trial
Believe it or not there is a time when you should not request a trial or pay the ticket. Almost all traffic offences that are issued with a provincial offence notice will have a set fine. If it appears the officer has put in the wrong set fine or calculated the total fine incorrectly then this can be considered a “fatal flaw” causing the ticket to be dropped. However, ironically enough you cannot argue this one in a trial as the justice will correct the amount. Instead, ignore the ticket and eventually the courts will find you guilty by default. When the justice goes to convict you, they will have to verify the amount is accurate and when they realize it’s not they will throw the ticket out. The Provincial Offences Act notes under section 9(1)(b):
“…where the certificate of offence is not complete and regular on its face, the justice shall quash the proceeding.”
If for some reason the justice overlooks this and convicts you anyway, you’ll have to appeal the judgement based on error of law and the ticket will then be dropped.
How to request a Stay of your traffic ticket
There are two ways to do this, in person or by fax. I would highly recommend you go in person, as it is much easier to do it and gives the prosecutor less to push back on.
In person
The courts are familiar with and use this procedure. By using this strategy, you will experience less hassle during your trial because it would include papers that the Justice would have seen before your trial and that clearly outlines your justifications for requesting a stay. However, this approach has a drawback in that it will require additional weekday from work (before to trial) in order to go file the documents in person.
- To initiate the process, you must first complete a form called, “Form 4F”, whether it is for Section 7 – No Disclosure/Improper Disclosure or Section 11(b) – Unreasonable Delay. This form lets the courts know you believe there is a constitutional challenge to the ticket.
- Serve the Attorney General of Canada and the Attorney General of your province with a copy of your Form 4F.
- It is acceptable to complete this formal process via fax, mail, or in person. If through mail or fax, a form for an affidavit of service must be filled out. The mode of service is covered in distinct parts of this form.
- If you are going in person, you do not have to complete the affidavit of service. The clerk at the office will stamp 3 of your copies so that you have one for you, one for the prosecutor and one for the court.
- Serve the Prosecutor with a copy of your Form 4F.
- It is acceptable to complete this formal process via fax, mail, or in person. If through mail or fax, a form for an affidavit of service must be filled out. The mode of service is covered in distinct parts of this form.
- If you are going in person, you do not have to complete the affidavit of service. You will give one of your copies from the attorney general’s office to the prosecutor’s office and have the clerk there stamp the other two copies.
- Service the Court
- You have to go in person to do so and must give the clerk your documents. You will need the clerk at the courthouse to stamp your last copy.
- Wait for you trial date
By fax
This is of course the easiest method as you simply send everything off and wait. However, you might get pushback from a prosecutor or justice not familiar with the process.
- Send your completed Form 4F to the Attorney General of Canada. Hold onto the fax receipt.
- Send your completed Form 4A to the Attorney General of Ontario via fax. Hold onto the fax receipt.
- Send your completed Form 4F. Hold onto the fax receipt.
- Wait for the response and your trial date.
Good luck!