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Sh it! Fu cking cop was standing INSIDE a plaza, writing 4-way stop tickets... At a private lot...

$110 ticket. Should I just pay, or take it in for an explanation? Anyone know how much the ticket gets lowered to when I take it in in person? Any points off failing to obey stop sign?

 
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Well, based on this webpage (XCopper), it says 3 demerit points

(Verify the HTA # on the ticket with what's on that website)

If that's the case, FIGHT it...

 
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If it's 3 points then I definitely will fight it. Gonna try X-Copper this time around.

 
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I say fight it but don't need to get any help...

Back in May.. cops were handing out tickets on the Gardnier onramp close to Bay St... anyways... I got the ticket back in may.. filed the ticket back in may... and I still have not received my court date...
I called them.. they said they're several months backlogged in booking tickets... so I figure.. by the time I receive my ticket (or even the notice of payment that you're suppose to receive like within 16 days of receiving the ticket)... it'll be like in 2004... and the court date will be December of 2004.

If that's the case.. it'll get thrown out immediately.

 
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why would they throw out the ticket if it's 2004?

 
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I believe if it's over 1 year... You can claim that you remember nothing of such incident or something.. or maybe there was a law restricting tickets must have their trial in 1 year or it's thrown out.... I heard it from several people! Or maybe I'm getting too old and I'm taking too much LSD.

 
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I'm gonna give X-Copper a call and get their "free consultation" (and keeping in mind they'll probably want me to pay them to do it), but will probably fight it like you said.

Thx for the advice! Will update if I get more info.

 
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yes.. my ticket lawyer a while back said all tickets must be trialed within one year of the offence date.. or it'll get thrown out. but im not sure what they exactly say... or whats the term they use to throw the ticket out.

 
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i got booked for not stopping at a stop sign a year or 2 ago..... the ticket ended up gettin thrown out....

went to court the first time..... saw the cop... got a friend to go in a say i was sick.... then they postponed the date.....

2nd time i went to court... cop didn't show up..... got off..... no points... no fine.

 
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god damn.. msoft u got booked just like me. but i got raped in the *** for just doing a rolling stop. ive say to fight it, i paid to fight mine but im too lazy to find out the results.. i have to do it something this week.
xcopper told me they charged 300 for a ticket but they wanted 500 for summon's so i went with some one else.. no way im gonna pay 1 grand to fight 2 BS tickets

 
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So they charge $300 to handle the paperwork, but if they have to go they jack it up $200?! Damn... Maybe I'll go back to Mark Tam for $350.

 
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With regards to the ticket being thrown out after 1 year....Charter of Rights and Freedoms...sec 11(b) Right to speedy trial...what is referred to in case law as Regina vs. Stitchcomb.

in order to convict on a disobey stop sign, fail to stop, a major fact in issue will be that the offence took place on a "highway". So...if it was in a plaza parking lot as you suggest, the ticket holds no water. If however the stop sign was in the plaza lot, but at the exit onto the roadway, that will stick.

Should ypu fight the ticket? Well anyone who knows me will know that my answer will most deffinately be YES. You have so much in your favor by requesting a trial.

 
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so for any ticket for trial... that is after one year from the offence date.
i could just say:

"im gonna be challenging the ticket because the Charter of Rights and Freedoms, section 11b states that a Right to a speedy trial"

would that the best way for it to be said?
'cause if i ever have a ticket that a trial is over one year from the offence date, im gonna save that 2 to 3bills on fees.

 
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Please bare in mind, in this case a charter issue would be an argument that would be worth arguing, but it is not a gauranteed win.

I wouldnt walk into court with only that as my defense, but it is deffinately a card worth playing.

Prior to the officer getting up on the stand, you would want to make the prosecutor aware of you intention of making a charter application. when the trial is ready to start, the matter of delayed trial will be discussed by you, the prosecutor, and the Justic of the Peace. If you win the argument, its over. If not the trial begins.

Of course at that point you may change your plea to guilty and try to resolve the matter by way of pleaing to a lessor offence (disobey official sighn 2 points) or to a lessor fine.

O.J Simpson beat a 1st degree murder wrap, you dont think you can beat a simple stop sign ticket?! Theres always a way.

 
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i see

thanks.