Did You Know...?

I thought it would be fun to start a section in the Traffic Ticket Solutions Blog called "Did you know...?" This is where we will post random facts and traffic ticket laws that are funny, obsured or downright weird!

Today I was researching some information in the Highway Traffic Act and came across section 173 and it gave me a little giggle:

Horse racing on highway
173. No person shall race or drive furiously any horse or other animal on a highway. R.S.O. 1990, c. H.8, s. 173.

"or any other animal"? The first picture that came to mind was man "furiously" driving an ostrich down the road!

To flash or not to flash?

Most of us have witnessed, participated or are at least familiar with the concept of flashing the headlights to warn others of upcoming radar traps. Drivers will then slow down and avoid being caught speeding. Some drivers may be a little apprehensive to do this because they believe it is against the law by obstructing a police officer on duty. It is not illegal.

According to police and other officials, there is nothing in the provincial legislation to prevent drivers from flashing their headlights to warn oncoming traffic. There are cases where drivers have been charged under the Highway Traffic Act for alternating flashing headlights typically used by emergency vehicles. These charges are often dismissed in court.

Sgt Cam Wooley of the OPP says, “It’s not an offence under the Highway Traffic Act in Ontario… drivers are free to communicate with each other.” That does not mean that you cannot be pulled over. An officer may believe that the driver is in distress, may require medical attention, may be warning about a situation ahead such as an accident, or they may be something wrong with the vehicle. The officer may pull you over and question your intentions; they may even ask to perform a full inspection of your vehicle.

The most common charge is improper use of high beams at night. With this charge only valid at night, the officer would not be able to use it at all during any day-time hours. If you are one of those drivers who feels obligated or compelled to warn your fellow motorists of a radar trap, you may actually be free and clear to do so. Like with many other situations, it can depend on the specific officer who pulled you over. According to their discretion, they may try to find a way to write you a traffic ticket. If you happen to be one of those unlikely drivers, contact Traffic Ticket Solutions and we can help you build a strong and solid defence and work on getting your traffic ticket eliminated.

Celebrities Get Traffic Tickets Too!

With the T.I.F.F happening in Toronto, the city is abuzz with celebrity fever. In our societies search to humanize celebrities, we, as a society, are always looking for anything that we can find to let us know that these stars are not much different from ourselves. Fame and fortune doesn’t always help to get what you want and there are many stories and even videos of celebrities receiving traffic tickets! From simple parking tickets and speeding tickets to Racing and DUI offences, celebrities have seen it all…and the paparazzi is always willing to share it with the public!

Video of Jessica Alba being pulled over by a cop

Cricketer Harbhajan Singh gets traffic ticket

True TV: 15 Celebrities that got tickets

David Beckham receives traffic ticket

SHAQUILLE O'NEAL gets traffic ticket

Stunt Driving Ruled Unconstitutional in Ontario?

On September 4th 2009, Justice G.J. Griffin overturned a conviction of Stunt Driving that Jane Raham, a grandmother from Oakville, received from an earlier court date. During this appeal decision, Justice Griffin ruled that a section of the controversial stunt driving law in Ontario is, “unconstitutional as it creates an absolute liability offence for which one can be imprisoned for six months, contrary to Section 7 of The Charter of Rights and Freedoms.” This decision has been a long awaited one, especially by people facing a stunt driving conviction that feel it is an unjust charge against them.

Now, before you go rip up that stunt driving ticket you received last week and excessively speed down the highway in celebration, you should first realize that this in no way will make your ticket automatically void, nor will it stop police officers from issuing stunt driving tickets. It is also still legal for an officer to impound your car and suspend your licence on the spot if you are charged with stunt driving or speed racing.

Only a section of the law has been deemed unconstitutional and that is to do with a speeding offence (which is considered an absolute liability offence) being charged under the “name” of Stunt Driving (which is a strict liability offence) which potentially has a jail sentence associated with it.

An Absolute Liability Offence is an offence that does not allow for a defence of due diligence. This means that the prosecution is only required to prove that the accused performed the prohibited act. Speeding under section 128 of the Highway traffic Act is an absolute liability offence because the officer only has to prove that you were speeding and there is no defence that you can rebut with. Not knowing that the speed limit dropped or, as in the Raham case, passing a truck out of fear are explanations and cannot be a defence for the act of speeding. If the officer has proper evidence against you in court, you WILL be found guilty of the ticket no matter what the excuse. (Life or death emergencies are the exception)

A Strict Liability Offence is an offence where, once the accused has been proven to have committed the offence, the accused is able to put forth a defence of due diligence. This means that even if they did clearly commit the prohibited act, they are given the opportunity to prove, beyond reasonable doubt, that they did everything possible to prevent the act from happening or that there were extenuating circumstances that created the prohibited act.

In the original trial for Raham, the Justice of Peace, J. Chiang, convicted Raham of stunt driving because the officer had ample proof that she did indeed speed. He did not, however, take into account Raham’s testimony with reasoning of why she was speeding and whether her testimony gave rise to a due diligence defence. By disregarding any due diligence, Justice of the Peace Chiang proceeded as if the matter was an absolute liability offence where Raham was actually charged with stunt driving which is a strict liability offence. In the appeal, Judge Griffin noted, “He did this in my view because the reality of the situation is that section 3(7) of Regulation 455/07 is a speeding offence, albeit a speeding offence by another name namely, stunt driving. One is reminded of the words of William Shakespeare from Romeo and Juliet, ‘What’s in a name? That which we call a rose by any other name would smell as sweet.’"

This stunt driving law created uproar from the start with the general public and law professionals alike, that could clearly see the flaws in the law. As we have stated in a previous blog, there are many reasons we at Traffic Ticket Solutions feel that this law is unconstitutional, but this ruling was strictly about the simple fact that an accused could receive jail time for a stunt driving offence even if the only reason they received this offence was because they were speeding.

So what exactly has this ruling changed??

If you are an excessive speeder that drives in a manner that is outlined as the definition of a “stunt” or “race” as outlined in the HTA… nothing! There are rumours and speculations on the internet asking if this means that you cannot be pulled over for speeding or charged with a stunt driving ticket because of this ruling and that is absolutely not true. Officers issued many stunt driving tickets over the long weekend as speed racers and stunt drivers are still able to be charged with the section 172.1 stunt driving. “We’re continuing to do business as normal,” Sgt. Dave Woodford of the OPP stated. The only difference is that it is now unconstitutional to convict an accused that received a stunt driving charge solely on the fact that they were speeding. However, Brendan Crawley, a spokesman for the attorney general’s department had stated that, “We will be seeking leave to appeal the decision of the Ontario Court of Justice. In interim, people should understand that the street racing provisions are still in effect and police can still lay charges.”

If you have a stunt driving ticket that you would like advice on, call a professional to help you determine which course of action you should take with your specific case. Traffic Ticket Solutions always offers free, friendly and informative legal advice and can answer any questions that you may have in regards to your situation.

We will regularly be updating the status of the appeal of this decision and what it means to stunt driving charges in the future.

Reminder to Drive Safely Over the Long Weekend!

With the Labour Day long weekend a few days away, we at Traffic Ticket Solutions wanted to take a moment to remind everyone to drive with extra caution and to remember to drink responsibly.

With more cars on the road from people getting out enjoying their time off, the more chances there are that an accident can happen. Busier roads can equal more frustration which can easily trigger road rage and aggressive driving which in turn can cause unnecessary accidents. Ontario Provincial Police Chief Supt. Bill Grodzinski has said in the past that most “crashes are predictable and preventable and involve tragedy that did not have to be…the one common theme amongst all the fatal crashes are the Big Three, as we call them; The aggressive driving, failure to wear seatbelt and impaired driving.

It is sad to think that impaired driving is one of the largest causes of fatalities in Canada, especially due to the fact that it is entirely preventable. MADD Canada has reported that “Impaired Driving causes, on average, four deaths and 207 injuries every day in Canada. Those losses are all the more tragic when one considers that they are completely, 100% preventable. If people plan ahead and make the responsible decision to not drive if they are impaired, we could prevent these deaths and injuries.”

If you are planning on enjoying the long weekend with drinks, Traffic Ticket Solutions encourages you to plan ahead and drink responsibly. Arrange alternate driving plans such as a designated driver, arranging a taxi or to stay over at your destination. For everyone heading to the cottage, remember that operating a boat or ATV while impaired is illegal and dangerous and is responsible for approximately an additional 150+ unnecessary deaths per year in Canada. If you are hosting a party, encourage your guests to take taxis if they must leave and always ensure that there are plenty of non-alcoholic options for those that are choosing to stay sober.
We would also like to remind people that even the smallest amounts of alcohol in your system could be dangerous and the new Warning Range Law that came into effect in May 2009 in Ontario has been put into place as an attempt to reduce all drinking and driving related offences. If you take a roadside breath sample and your blood alcohol registers between 0.05 and 0.08 you will immediately lose your license for between 3 to 30 days. While this is not a criminal offence, the consequences are still serious. If you get caught within these ranges, you could be facing:

For a first offence:

mandatory three day driving prohibition;
An administrative monetary penalty of $150.00

For a second offence (within 5 years):

mandatory seven day driving prohibition;
mandatory attendance at a remedial measures program known as “Back on Track”, at a cost;
An administrative monetary penalty of $150.00

For a third offence (within 5 years):

mandatory thirty day driving prohibition;
installation of an ignition interlock device for 6 months at your cost of approximately $1500.00;
attending a remedial measure program known as “Back on Track” at a cost;
An administrative monetary penalty of $150.00

For subsequent offences (within 5 years):

mandatory thirty day driving prohibition;
installation of an ignition interlock device for 6 months at your cost of approximately $1500.00;
attending a remedial measure program known as “Back on Track” at a cost;
Mandatory medical evaluation;
An administrative monetary penalty of $150.00

If you are caught driving a motor vehicle while your license is suspended, you will face further repercussions such as, fines ranging from anywhere from $500 to $50,000; the immediate impounding of the vehicle you are driving; and liability for any charges incurred from the impoundment, including but not limited to towing costs, impound fees and additional rental fees if the vehicle you were driving was rented. Overall, this can end up being a very costly experience.

Traffic Ticket Solutions also handles Impaired Driving cases in Toronto, so if you do get into trouble you can give us a call for a consultation, but we would much prefer to have people NOT drink and drive. The safety of the public is worth so much more to us than gaining clients.

Enjoy the long weekend and remember to make it memorable for all the right reasons!

Traffic Ticket Solutions Can Now Handle Impaired Driving Cases in Toronto

Since Traffic Ticket Solutions is owned and operated by the Ontario law firm of Lawrynowicz & Associates, it was only a matter of time before we would offer our services for impaired driving and any drinking and driving offence in Toronto. Our professional Paralegals and experienced Lawyers creates the best possible combination for a solid defence for any drinking and driving case.

In Ontario, impaired driving is a criminal offence. This means that if you plead guilty, you are automatically accepting all of the consequences for the matter, which includes a criminal record! Being found guilty of a drinking and driving offence can be life altering with huge consequences. Some of the penalties could be high fines, a licence suspension from one year for a first time offence to a lifetime suspension for a third offence, an ignition interlock device being installed in your car, attendance of the Back on Track program and even possible jail time!

Not only does impaired driving carry a criminal record along with many other penalties, even one DUI conviction could gravely impact your car insurance. Most insurance companies will go as far as cancelling your insurance policy all together for up to 3 years and if they do choose to ensure you again after that time is up, your rates could go through the roof doubling or even tripling what you were paying before you received the DUI charge. The fees you pay in insurance increases alone are worth hiring a DUI Lawyer for your Impaired Driving case!

At Traffic Ticket Solutions, we have an experienced, highly skilled team of lawyers, paralegals and administrative staff ready to provide you with a free consultation and offer you the guidance you require through this difficult time. We not only offer competitive prices, we offer some of the best impaired driving representation in Toronto!

For further information, please visit our Traffic Ticket Solutions drinking and driving pages.

Who’s the ‘Dummy’ Now?

I just came across this article from the Toronto Sun and thought I would share it for a little laugh. Just so that everyone is aware, the HOV lane is the High Occupancy Vehicle Lane (commonly known as the carpool lane) that usually requires two or more passengers in the car to be able to drive in that reserved lane.

The article stated that the man received a traffic ticket for $124, but it does not indicate what the actual charge was. He likely got charged with an “Improper Use of HOV Lane” but I am curious to know if there is an actual “No Dummy Law” in Seattle!

Man nabbed in car pool lane with dummy 'passenger'
By THE ASSOCIATED PRESS Last Updated: 13th March 2009, 3:22pm

Justice of the Peace Found Guilty of Judicial Misconduct

A Toronto Justice of the Peace (JP), Jorge Barroilhet has been found guilty of judicial misconduct this month for having inappropriate links with a traffic ticket defence company that he used to run.
Barroilhet has been a JP at the Old City Hall court, downtown Toronto, since 2002 and has admitted that he continued to advise the company (Stop All Traffic Tickets) on legal matters, assisted in drafting legal documents for their clients and even presiding as a JP over matters for defendants represented by the company.

JPs in Ontario are allowed to have a second occupation, but because of the nature of the traffic ticket defence company, it would be a conflict of interest to allow him to continue having any ties with the company while holding a position of a JP. In an article in the Toronto Star, panel members involved in making the decision against Barroilhet were quoted as saying, “There is uncontradicted evidence that His Worship Barroilhet was aware, prior to his appointment, that he was required to sever all interest, contact or involvement with his former business”.

At this point, we aren’t aware if the outcome of this trial will produce any sort of investigation into the results of cases for clients of Stop All Traffic Tickets that Barroilhet presided over, but speculations seem to be indicating that he will likely be stripped of his JP duties and removed from the bench once submissions are complete.

Barroilhet’s case resumes on September 17th 2009 for submissions on the appropriate penalty for his misconduct.

For Further information, please see links to articles below:

The Toronto Star: JP Guilty in Traffic Ticket Conflict
August 01 2009 By Tracey Tyler – Legal Affairs Reporter

The Toronto Sun: Why are JPs Allowed a Second Occupation?
May 24th 2009 by Alan Shanoff

Ontario Court of Justice: Scheduled Hearings of the Justice of the Peace Review Council

TINTED WINDOWS: HOW DARK IS TOO DARK?

When it comes to tinting your windows in Ontario, many people wonder what the laws are concerning how dark you can go. How dark is too dark?

If you ask the businesses that tint vehicles windows, or spend some time on message boards and forums, you will find that most say that 35% is a safe amount. The windshield cannot be tinted at all, the rear windows can be as dark as you wish and the driver’s and front passenger’s windows need to be light enough to be able to see the driver relatively clearly. That’s a pretty vague description from professionals and people “in the know”! The reason the people in the industry are vague about this issue is because the law is just as vague.

Below is an excerpt from the Highway traffic Act (HTA) with the description of what is too dark:

Equipment obstructing view
Signs, objects, etc.

73. (1) No person shall drive a motor vehicle upon a highway,
(a) with any sign, poster or other non-transparent material or object placed on the windshield or on any window of such motor vehicle; or
(b) with any object placed in, hung on or attached to the motor vehicle,
in a manner that will obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (1).

Colour coating obstructing view prohibited
(2) No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (2).

Colour coating obscuring interior
(3) No person shall drive on a highway a motor vehicle on which the surface of the windshield or of any window to the direct left or right of the driver’s seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle. R.S.O. 1990, c. H.8, s. 73 (3).

Signs, etc., required by Act or regulations
(4) This section does not prevent the use of signs, markers or equipment required under this Act or the regulations. R.S.O. 1990, c. H.8, s. 73 (4).

Windows to afford clear view
74. (1) No person shall drive a motor vehicle upon a highway,
(a) unless the windshield and the windows on either side of the compartment containing the steering wheel are in such a condition as to afford the driver a clear view to the front and side of the motor vehicle; and
(b) unless the rear window is in such a condition as to afford the driver a clear view to the rear of the motor vehicle. R.S.O. 1990, c. H.8, s. 74 (1).


PERSONAL EXPERIENCE

I love the look of a dark tint, especially on a darker colour car. A few years ago, I had my car tinted. 15% in the back and 20% in the front – It was a VERY dark tint. I had asked the company if it was acceptable or if it was too dark. He said there are no “rules” or laws clearly stating how dark you can go. He assured me that this was okay, but that they would not be responsible if I received a ticket.

A couple of months later, I was pulled over and issued a ticket. I was naïve and attended court by myself (before I started working for a traffic ticket defence company, of course) and it was not a good experience. I would HIGHLY advise anyone with a similar incident to seek professional help as they know how to fight your case appropriately.

I then bought a new car and my brother now drives my old car. This time, I went with 35% in the front. I have had the car for about two years and have not had any problems. My brother, however, was pulled over while driving my old car and received a warning for the tint being too dark.

WHAT DOES 35% MEAN?

The companies who tint your windows judge how light or dark the tint is based on the amount of light it lets through. For example, 35% means that the particular tint lets 35% light through it. The higher the percentage, the more light it lets through, and the lighter the tint will be. There is no exact science to it and the tint can differ from place to place. Officers do not carry around window-tint-interpretation-devices to measure how dark your window tint is and it is left mostly up to personal interpretation. We have heard stories of some officer’s deciding that the tint is too dark if they cannot determine if it is a male or female driving the car or see clearly if the driver is wearing a seatbelt.

WHAT CAN YOU DO TO BE SAFE?

Since there is not an exact law to follow when getting your windows tinted, use your common sense. Remember that the person installing the tint is not responsible if you receive a ticket, and they may sell you on something can they feel is safe, but can still get you a ticket in the future. Even going with the 35% can cause some trouble and you may be at risk of being pulled over and ticketed. Variables such as the time of day, the weather and even what kind of mood the officer is in, can influence the chances that you may receive a ticket.

If you do end up with a ticket, the smartest thing to do is call or visit TRAFFIC TICKET SOLUTIONS and let our professional staff deal with trying to interpret the law(s) to your advantage and building a solid defence in order to have your ticket completely eliminated or reduced.

Sukh Nagra: Traffic Ticket Solutions

Why Fight an Ontario Traffic Ticket?

Millions of traffic tickets are written by officers every year and thousands are handed out on a daily basis. For most people, receiving a traffic ticket is an annoyance that they just want to be rid of. They pay the suggested fine on the ticket and try to forget they even got the traffic ticket. But did you know that paying the fine on the ticket is an automatic plea of guilty to the offence committed? Did you also know that by pleading guilty, you assume responsibility of all penalties associated with that traffic ticket and these penalties are NOT listed on the ticket itself? The fine amount is not the only penalty that you could be facing by paying a traffic ticket. Before you decide to just “pay it and forget about it”, find out exactly what you are pleading guilty to and the penalties associated to your traffic ticket charge.

Demerit Points:

Most traffic tickets in Ontario have Demerit Points associated with the offence. These demerit points are not listed on the ticket and officers are not authorized to assign an amount of demerit points to a traffic ticket offence. Demerit points are a standard put forth by the Ministry of Transportation in Ontario. When you are found guilty of a traffic ticket in court, that offence will appear on your driver’s record with the specified amount of demerit points associated with it. For an up to date list of different offences and the demerit points they carry, please visit our Demerit Points page. If you accumulate enough demerit points on your record, you could face an interview with the Ministry of Transportation or even a licence suspension from having too many demerit points. Here is an indication of how demerit points could affect the state of your licence:

Demerit Points and New Drivers:

If you are a Class G1, G2, M1 or M2 driver, once you accumulate a minimum of 2 or more demerit points on your record, you will be sent a warning letter in the mail. Once you receive 6 demerit points, an interview will be set for you to go into the Ministry of Transportation to discuss your driving record and to offer reasons why they should not suspend your licence. If you do not attend this interview, your licence will likely be suspended. If you accumulate 9 demerit points, your licence WILL be suspended for 60 days from the time that you surrender your licence to the Ministry of Transportation. If you fail to surrender your licence, you can lose your licence for up to 2 years. After the suspension period, the number of points on your record will be reduced to 4. Any additional points could again bring you to the interview level. If you reach 9 points again, your licence can be suspended for 6 months from the date you surrender it to the Ministry of Transportation.

Demerit Points and Fully Licenced Drivers:

If you are a fully licenced driver and you accumulate 6 demerit points on your record, you will be sent a warning letter in the mail. If you accumulate 9 points, an interview will be set for you to go into the Ministry of Transportation to discuss your driving record and to offer reasons why they should not suspend your licence. If you do not attend this interview, your licence will likely be suspended. If you accumulate 15 demerit points, your licence WILL be suspended for 30 days from the time that you surrender your licence to the Ministry of Transportation. If you fail to surrender your licence, you can lose your licence for up to 2 years. After the suspension you may be required to complete a driver re-examination (vision, knowledge and road tests), the number of points on your record will be reduced to 7. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for 6 months.

Even if a traffic ticket does not carry any demerit points, paying the ticket is still pleading guilty to the offence and a traffic ticket conviction will still be registered on your record which could still increase your insurance rates. The only way to avoid a traffic ticket on your record is to fight the ticket in court for a chance to have the ticket reduced or eliminated.

Insurance Implications:

Insurance companies do not look at the amount of demerit points on your record, but at the type and amount of convictions on your record. Most insurance companies will forgive one or two minor infractions on your record, but will raise your rates for multiple tickets and major infractions. This means that if you receive your very first ticket, which happens to be for speeding at 30km/hr over the limit and you just pay the fine, your insurance can raise dramatically for the three years this ticket is on your record. 30 over the limit will likely be considered a major infraction by your insurance company, where even 1 km less (29 km/hr) over the limit would likely have no effect on your insurance at all! The only way to have a chance to have this ticket reduced (and even the possibility of eliminating it completely) is to fight this ticket in court.

Not only will insurance companies raise their rates for single major infractions on your record, but they will also hike up your rates for multiple traffic tickets received. If you receive a very minor speeding ticket for 10km/hr over the limit and also received tickets for not having your insurance card on hand or having an improper sticker on your licence plate, you may think that just paying the tickets is the best idea since they are all minor with no demerit points. The problem here is that by paying the fines, you are pleading guilty to the offences and you will receive three convictions on your driving record. Many insurance companies’ rates can as much as triple with this many convictions on your record and some insurance companies will stop insuring you altogether for this many infractions!

Fines, Licence Suspensions and Jail Time:

More serious traffic tickets carry hefty fines associated with them that may not be listed on the ticket. If you received a Summons to Defendant, the fine amount will not be listed and you will have to go into the court to plead guilty or not. If you plead guilty to one of these offences you could be facing fines from $500 up to $10,000! Many of these traffic tickets will also carry licence suspensions once you are convicted and even possible jail time. Before you admit guilt to any Ontario traffic ticket, find out what the exact penalties are for your offence so that you can make an educated decision on how you want to proceed.

Legal Errors and Officer Mistakes:

The Ontario Highway Traffic Act (HTA) is very detailed and since only a small portion of an officer’s training is focused on the HTA, it can be easily misinterpreted by police officers. Police officers are sometimes wrong, so if you pay the fine on a traffic ticket, you may be pleading guilty to an offence you did not even commit! Also, there are a number of fatal errors that an officer could make on the face of the traffic ticket or legal errors in the evidence against you that could help have the ticket eliminated. Having a professional examine your case and analyze the officer’s disclosure is the best way to find any errors in law or anything that can help get you the best possible result for your traffic ticket case.

If you have a ticket and would like to request a free quote from Traffic Ticket Solutions, please feel free to fill out a FREE QUOTE on our website, or call us at 1.877.TTS.WINS and one of our professional lawyers or paralegals will get back to you as soon as we can.

Cops Get Paid Overtime to Be Present in Court

We get a lot of clients calling us that seem to be debating hiring legal representation because the officer told them to fight the ticket in court. One of our clients had indicated to us that the officer was pleasant, but still gave her a speeding ticket and told her to choose the trial option on the back of the ticket and to be present at court. She was still undecided on if she was going to hire representation to defend her case because of the officer’s statement, thinking that he may have been trying to indicate that he would not show up for the court date. She called looking for our advice on whether we believed the officer would show up in this sort of situation, and if he did, why would he tell her to be present the way that he did?

Unfortunately, there is no way for us to predict if an officer will be present or not on the day of your trial. Over the past few years we have noticed an increase in the number of officers that ARE present in court, with evidence in hand.

The Toronto Star recently published an article indicating that many officers are attending court because it is now so lucrative to do so. The article stated that, “under the Toronto Police Association collective agreement, police officers who attend court as witnesses during a scheduled off day are paid a minimum four hours at 1.5 times their basic wage, even if the appearance lasts for 10 minutes. Officers receive three hours of pay at time and a half if they appear in court before beginning a regularly scheduled shift.”

In a bulletin from the Toronto Police Accountability Coalition, it seems that the number of officer’s that are benefiting from this overtime is growing rapidly. In 2008, 1,006 employees of the Toronto police service earned over $100,000; 628 of which saw that amount because of a combination of their base salary (under $100,000) and the premium pay, overtime and call backs. The number of highly paid officers is climbing quickly if you take into consideration that in 2004 (only 4 years ago) the number of officers earning more than $100,000 was only 250 and in 2006 it almost tripled that amount to 708.

“ It’s the best game in town”, a retired police officer said in reference to the overtime pay that officers can receive for court appearances. The city pays out around 6 million dollars a year for overtime costs to police officers that attend court.

The Toronto Police Accountability Coalition bulletin also indicated that the number of police services employees earning over $100,000 has increased from 3.5% in 2004 – 14% in 2008. This includes uniformed officers and civilian staff. What is not indicated is how much of that 14% is made up of civilian staff, the number of uniformed staff that has a base salary of over $100,000 to begin with and of the remainder, what percentage of their pay is made up of court appearance overtime as opposed to on duty overtime and bonuses.

Back to the initial question of, “the officer told me to go to court…does that mean he won’t show up?”, that we were speaking about before. Keep in mind that just because the officer told you to go to court does not mean that your ticket is false, invalid or made up by the officer. If you are breaking the law and the officer is getting paid to uphold that law in court, you will need to think about your responsibility in the matter before you take the position that, “the officer is just in it for the money” would be a valid defence for your case. Remember that an excuse or explanation is NOT a valid defence for a ticket and if the officer is present, you will need to prove that you are innocent of the offence.

At Traffic Ticket Solutions, we will review the officer’s disclosure, prepare a defence for your matter, try to find any errors in law and search for any applicable motions to help increase the chances of having your ticket reduced or eliminated. We urge everyone to not base their defence on the luck of the draw, especially when demerit points, high fines and the state of your licence is involved! We can make sure that your case is given the best chance to be reduced or even eliminated completely from your record whether the officer is present or not!

Cell Phone Ban Law

Most Ontarians know that a new legislation was passed earlier this year (April 22 2009) that bans all cell phones and hand held devices while driving in Ontario. What most people don’t know is that just because the bill has been passed, it does not make it law yet. The bill still requires royal assent and a raft of regulation completed, along with an education period to the public before it can be enforced as law. Speculations are indicating that this should take place sometime this fall and Traffic Ticket Solutions will be sure to inform the public when this happens.

While the legislation is not law yet, The Toronto Sun reports that Transportation Minister Jim Bradley stated that “it would be really nice to see that even though the bill has not been proclaimed and in effect yet, that people are taking it as that is what the law is.” The hope is that drivers can take this time to change their habits and adopt a safer driving regime before they can be legally pulled over and charged for this offence. The CNW Group reports that “Transportation Canada estimates that driver distraction is a contributing factor in about 20% of all collisions. Drivers who use cell phones are four times more likely to be in a crash.” The law is focused on stopping collisions that result from driver distraction, but the Toronto Star reported that Transportation Minister Jim Bradley has no intention to ban eating and drinking coffee while driving.

Once law, this legislation will ban the use of any hand held device by drivers including cell phones for talking, texting and emailing, GPS systems that are loose and not properly affixed to a dash or appropriate area in the car, MP3 players, laptops and any other electrical device used by a driver. If charged with the offence, there would be no demerit points assessed, but a conviction would be recorded on a driver’s abstract and reports are stating that fines can be as high as $500.00. There is talk that if a driver puts others at risk because of their hand held device use, that officer’s will be able to charge offenders under section 130 of the Highway Traffic Act for careless driving also. This would mean that 6 demerit points would be assessed with fines up to $1000, probable licence suspension and even possible jail time involved. For more detailed information on what is involved with a careless driving charge, visit Traffic Ticket Solutions’ Careless Driving page.

The law will not restrict any wireless communication device or any other “hands free” electronic device while driving. Some examples of acceptable hands-free devices are:

- Cell phones with earpieces, headsets and Bluetooth that operate using voice activation or plugged into a vehicles sound system.

- GPS navigation systems that are built in or properly affixed to the dashboard or another easily accessible area of the car.

- Portable media players that has been plugged into the car’s sound system

- Cell phones used in an emergency situation to call the police, fire department, and emergency medical services.

Ontario is not the first province to put a cell phone ban while driving into place. Newfoundland and Labrador, Quebec and Nova Scotia all have similar laws in place with other provinces looking to follow suit in the near future. Newfoundland was the first province to adopt the ban in 2003 and news article from CTV, seven months after the law came into effect in that province, reported that “the cell phone ban…markedly reduced the number of drivers using handheld phones while on the road, police said.” But later on in the article stated that “there has been no discernible reduction in the number of accidents…”

These types of bans have been a source of controversy because as the Canada Safety Council and the Canadian Automobile Association have indicated that hand held devices are just one of many distractions that can cause an accident. The Canadian Press reported that “The Ontario Medical Association is on record saying speaking on a phone while driving puts people at ‘a significantly greater risk’ of getting in an accident, and warns that using hands-free devices doesn’t really lower that risk.”

The proof will be in the pudding for Ontario and since the complete details of the law are still being fine tuned, we will be keeping the public updated on any information regarding when the law will take effect, any updated or exemptions, and statistics on accidents before and after the law is in place.

OPP Officer Charged with Falsely Charging Drivers with Stunt Driving

In late May 2009, 12 year veteran of the OPP, Sgt. Dennis Mahoney-Bruer, 49, was charged with 3 counts of breach of trust and one count of attempting to obstruct justice for allegedly charging three drivers with false speeding and/or stunt driving tickets. The OPP have not released any information on what the catalyst may have been to trigger the investigation or what Mahoney-Bruer’s motive was, but The Toronto Star reported that “owners and managers of Mississauga towing companies say OPP detectives have been asking them if they had ever paid Mahoney-Bruer to use their services or heard about Mahoney-Bruer allegedly receiving kickbacks from other towing companies.”

Since the charges were laid, Mahoney-Bruer was suspended with pay and was scheduled to appear in court on July 13th 2009. Information on the proceedings of this court date has yet to be released.

Since this incident first came available to the public, we at Traffic Ticket Solutions have received numerous calls from concerned clients wondering if this could happen with one police officer, could the officer that charged them be wrong too? As in any profession, obviously human error can occur when police officers issue traffic tickets. If they didn’t, services such as ours would not exist! Clients hire us because they feel an injustice has been done and to find any mistakes an officer may have made in the process in issuing them the ticket. This doesn’t necessarily mean that the officer’s intentionally make these mistakes, but human error is unavoidable and the case of Mahoney-Bruer is definitely not the norm.

Two of the allegedly false charges laid were Section 172.1 of the Highway Traffic Act (HTA) Stunt Driving / Speed Racing. Included with this charge is an immediate roadside licence suspension of 7 days and roadside vehicle seizure, leaving the accused and all occupants of the car on the side of the road to find another form of transportation. It is no secret that speed racers and stunt drivers are a danger to all drivers and harsh penalties should be enforced to stop the unnecessary deaths caused by these situations. Unfortunately these racers are most often not the ones being stopped for the new section 172 Stunt Driving law. The majority of the people we see charged with these offences are everyday people that made an inadvertent error. We aren’t saying that makes it right, however we also believe that this law could be supplying too much power to the charging officers. In Ontario, you are innocent until proven guilty, so why does this law grant the officer the ability to asses your guilt on the spot and suspend your licence and impound your car for 7 days? What if you are found innocent of the charge because of an officer’s mistake like the three wrongly accused by Mahoney-Bruer? You would still be responsible for all of the towing and impounding fees for your car, not to mention any monetary loss you may have incurred not being able to drive to work or school, etc. We have seen these losses climb into the thousands of dollar range for some of our clients. That is a pretty big loss for someone who may have not done anything wrong! This doesn’t even cover the possibility that the car does not even belong to the offending person. John Doe may have been Racing at 50 over the limit while driving his friends car that he took without permission. Now we have a situation where his friend, who had absolutely nothing to do with the incident, is being punished for Joe’s behavior. Higher fines are one matter, but having an officer being able to be the judge, jury and executioner to decide someone’s guilt at the roadside is too much power, in our opinion and the situation going on right now with Mahoney-Bruer is a perfect example of this.
The Toronto Star has also reported that “OPP spokesperson Insp. Dave Ross said police are working with the Crown to withdraw charges laid against the three drivers by Mahoney-Bruer. Ross said the force is also reviewing other charges where Mahoney-Bruer was involved as an investigator, but ‘we haven’t yet determined the scope of that review.’”

If you have an upcoming court date for a ticket laid by Sgt. Dennis Mahoney-Bruer or a past ticket that you were found guilty of, Traffic Ticket Solutions can help. Call us at 1.877.TTS.WINS for a free consultation and quote for your case.

Below are some links to news stories regarding Sgt. Dennis Mahoney-Bruer:

Jun 05, 2009 The Toronto Star
“250 Cases Under Review in OPP Officer Probe”

June 4, 2009 The Toronto Star
“OPP Asks if Tow-truck Firms Paid Off Policeman”

May 30, 2009 The Toronto Star
“Officer Accused of Falsely Charging Drivers”

May 29,2009 CBC News
“OPP Officer Charged With Obstruction of Justice”

Will the Toronto City Worker Strike Affect Traffic Ticket Trials?

The Toronto Civic Employees’ Union Local 416 (CUPE) and the Canadian Union of Public Employees (CUPE) Local 79 have announced that they are on strike. During this strike, Provincial Offences offices will remain open and traffic ticket trials will run as normal. If anyone is attending an Ontario Provincial Offences Court for a trial in regards to a Toronto Traffic Ticket, there is a possibility that you will be required to cross a picket line to do so.

Court administration may be affected, therefore it may become more difficult to file for a court date or complete any filings with the courts. We will post any updates to this information as the strike continues.

Please see the link below for further information on the courts and other services affected during the strike:

http://www.toronto.ca/labour-relations/indes.htm#l