Traffic Court Advice - This Could Save you Money and/or Points

Not my photo.

I went to traffic court today. Back in the spring I had received a ticket for "Failing to Stop" at a stop sign. To me, it was pretty much a ridiculous ticket. I had been driving south on Avenue Road and came to a stop at the traffic lights at Dupont Street. The car in front of me turned right at the lights and I followed him. A short distance away there's a stop sign at Bedford Road. The car in front of me stopped and went. I came up next and I believe I stopped and went. I remember looking ahead and seeing no cars, then to my left and not seeing any cars then proceeding. The next thing I know there are flashing lights in my rearview mirror.

Now it may be possible that I didn't come to a complete stop. I can't be sure of that. But, let's be reasonable, no one ever follows the traffic laws to the letter. According to the court prosecutor (as I was listening in when she was talking with some people who had received speeding tickets) she said that even if you go one kilometre an hour over the speed limit you're breaking the law. It's just another tax grab if you ask me.

Anyway, after receiving the ticket you have the option of paying the fine and receiving whatever demerit points that come along with it. Or you can choose to set up a court date. I don't believe you can ask for a specific date. It's whatever they give you. They send you the Trial Date in a letter in the mail.

You're asked to arrive half an hour early (of your trial time) to speak to the prosecutor. That's important. You should definitely try to talk to her (in this case) ahead of time.

Since this was my first time in court for a traffic offense I didn't know what to expect. I thought I would go and talk to the prosecutor and explain my side of the story.

When I first arrive at the courthouse (Old City Hall), the prosecutor was outside in the hall. A few people had lined up to talk to her. Most people had speeding tickets and different explanations of what happened. She wasn't really interested in listening to any of the explanations. Though she did offer to reduce the speed infraction, say from 30 km/h over the limit to 20 km/h over the limit, thus reducing the fine and possibly demerit points if they plead guilty. She said it would save the court money if they didn't have to go to trial. Most people took that.

When it was my turn to talk to her a court clerk came out into the hall and said we could go into the courtroom. So I had to wait.

After a few minutes I had my chance to speak to the prosecutor. I thought I could go up to her and explain what happened (as I related above). I was going to tell her that there was a car ahead of me and that if I hadn't come to a stop I would have run into him.

But, she wasn't interested in hearing any of that. She only wanted to know if I wanted to plead guilty or not. What she didn't tell me was that if I agreed to plead guilty she would reduce the charge from "Failing to Stop" to something like "Failing to Make a Proper Stop". The fine would be reduced from $110 (plus costs and a Victim Fine Surcharge, whatever that is) and 3 demerit points to $60 (plus costs and Victim Fine Surcharge) and no demerit points. All I heard from her is if I wanted to plead guilty or not, and that if I didn't want to plead guilty she would go to trial and if I was found guilty she would seek a maximum fine of $500.

Faced with the possibility of paying a fine of $500 I decided the best thing to do would be pay the original fine of $110. So I asked her if I could do that. But, all she wanted to know is if I wanted to plead guilty or not. So I said, yes. That's when she told me she would reduce the charge (resulting in a lower fine and no points). I believe I asked her if there were any other options earlier in our conversation, but she didn't say anything about it. Perhaps they're not allowed to give advice like that. Anyway, I guess I got lucky.

A few minutes later, after I had finished speaking with the prosecutor, another lady walked into the courtroom. She went up to the prosecutor with the same traffic infraction as I had. Like me, she had an explanation of what happened. She told the prosecutor that she had stopped before the line then moved up so she could see if there was oncoming traffic. The prosecutor told her she just admitted that she didn't stop on the line (where the stop sign was) and that she would be found guilty. She also mentioned that she would be seeking the maximum $500 fine. I guess the lady was flustered and didn't know what to say. The prosecutor told the lady to sit down (in the gallery) and wait for her trial then proceeded to talk to other defendants.

Like me, the prosecutor didn't offer the lady the lesser charge with the lower fine. She only asked the lady if she wanted to plead guilty or not. As well, the lady "admitted" her guilt in talking with the prosecutor, so she was in serious trouble. I was worried she would have to pay the $500 fine which is way worse than paying the original $110 fine.

I wanted to go over to the lady and tell her what happened to me. That if she told the prosecutor that she would plead guilty she could get away with a lesser charge and lower fine. But, I was worried if I went over and talked with her I might get into some sort of trouble. After all it was a small courtroom and we were only sitting a few feet away from the prosecutor. So I just sat in my spot in the front row.

In the following 5-10 minutes a larger group of people had crowded around the prosecutor talking with her. The lady with the same ticket as me got up and was walking in my direction (presumably to go around the railing to speak with the prosector). I discreetly waved her over and motioned for her to sit down as she was passing by. I let her know the deal I got and told her to go to the prosecutor and tell her you want to plead guilty. When she got the chance to speak to the prosecutor she did that and she got her charge and fine reduced with no demerit points.

Anyway, if you ever get a traffic ticket and decide to go to court I hope this helps. I'd suggest going early to talk to the prosecutor. But, instead of just pleading guilty at first (because that would be too obvious), try making up some excuses for your offense. Only relent after a short time and admit you were wrong. The prosecutor should offer you a deal at that time.