Provincial Traffic Ticket Offences

>>Provincial Traffic Ticket Offences
Provincial Traffic Ticket Offences 2020-09-16T21:15:17+00:00

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.


Provincial Traffic Ticket Offences

Tickets Stayed, Withdrawn, or Acquitted

Case Number: 9583794

Late one night, our client and his friends were outside of their vehicles in a parking lot when police approached them and stated that witnesses had observed them racing. Our client showed his driver’s license and although some of his friends received stunting tickets, he did not. Our client asked one police officer if he could leave, which the officer allowed. A few minutes later, the same officer approached our client inside of a McDonalds and demanded a breath sample. Our client provided a sample which showed that he had consumed a small amount of alcohol, breaching the conditions of his license which did not allow for any alcohol consumption. He was then arrested for operation of a motor vehicle contrary to restriction.

Upon being retained, we immediately requested disclosure and identified several issues with the investigation. We contacted the Crown Prosecutor to raise these issues and further pointed out that our client had not consumed alcohol before or while driving the vehicle. Rather, he consumed alcohol once the car was parked and his friend agreed to drive it. Based on this, the Crown agreed to withdraw the charge against our client.

Successful Result: Ticket Withdrawn

Case Number: 75790043

Our client overturned on a highway and as a result, she drove into oncoming traffic nearly causing an accident and drove into the ditch. Her phone wasn’t working, so she decided to walk to her home which was close by to contact police. When officers arrived at her home, she was charged with five traffic violations and faced a significant fine.

Upon being retained, we immediately requested disclosure and discussed our options with our client. She instructed us to attempt to reach a resolution which had the lowest possible fine. Following this, we initiated resolution discussions with the Crown Prosecutor and eventually came to an agreement where three of the tickets were withdrawn in exchange to a guilty plea to the other two. The fine was significantly reduced, and our client dealt with fewer traffic tickets as a result of our efforts.

Successful Result: Tickets Withdrawn; Decreased Fine

Case Number: 25280119

Our client received a violation ticket under the Traffic Safety Act for excess speed. It is alleged that he was traveling at 154 km/h in a 80 km/h zone.

Upon being retained, we reviewed our client’s disclosure and found multiple violations of his Charter rights. When we drew the Crown Prosecutor’s attention to the violations and advised them that we would be filing a Charter notice, they withdrew the charge against our client.

Successful Result: Charge Withdrawn

Case Number: 25280046

Our client received a violation ticket under the Traffic Safety Act for driving while engaged in activity likely to startle other users (“stunting”) after the police received a complaint of an offensive sign on the tailgate of his vehicle.

Upon being retained, we ordered and reviewed our client’s disclosure. We began negotiating with the Prosecutor. We advised them that we would be filing a Charter Notice alleging a violation of our client’s Charter-protected right to freedom of expression. We ultimately convinced the Prosecutor to withdraw the charge against our client.

Successful Result: Charge Withdrawn

Case Number: 25280202

Our client was charged with public intoxication and stepping in front of a vehicle on a roadway. After a dispute about a bar tab, our client and her husband were ejected from the establishment and police were called to the scene. After several minutes of discussion, police began to take our client’s husband into custody and our client walked out into the street to film the encounter with her phone. Our client was put into handcuffs and alleged that police used excessive force when conducting her arrest.

Upon being retained, we ordered our client’s disclosure. However, importance pieces of evidence were missing from the disclosure package. We used this as leverage in our discussions with the Crown Prosecutor and stated that we would file a Charter Notice detailing the allegations of excessive force used by police. The Crown Prosecutor agreed that there was scant evidence of intoxication and significant disclosure issues. Our client’s charges were withdrawn.

Successful Result: Tickets Withdrawn, No Fine

Tickets Resolved with Reduced or No Fine/Demerit Points

Case Number: 75790028

Our client was driving home from a hike with his dog in the vehicle. At one point, the dog attempted to jump into the front seat. While our client was struggling with the dog, he momentarily lost control of his vehicle and crossed into another lane where he struck a semi-truck. A police officer on the scene took a breath sample from our client, which showed that he was below the legal limit for alcohol consumption. The officer confiscated his phone to investigate whether distracted driving was a factor in the accident. Our client went to the hospital for an examination and was contacted by police afterwards to come to the station where he was charged with careless driving. He also had an outstanding speeding ticket.

Upon being retained, we immediately requested disclosure and began resolution discussions with the Crown Prosecutor. We pointed out to the prosecutor that a momentary distraction does not constitute careless driving. Based on this, the Crown withdrew the outstanding speeding ticket and the careless driving charge in exchange for a guilty plea to “allowing an animal to distract the driver”. Our client paid a small fine and received no demerit points as a result of our negotiations.

Successful Result: Tickets Withdrawn; No Demerits

Case Number: 77780032

Our client was a photographer who frequently worked outside of Calgary. While he was driving to the mountains for a photoshoot, he was pulled over for speeding through a construction site. Our client pointed out that he did not notice the construction site as there was no one working on it and he later noticed that the sign indicating construction was reversed. If convicted, our client was facing a 30-day driving suspension, which would negatively impact his ability to run his business, and a $750.00 fine.

Upon being retained, we prepared our strategy which prioritized limiting our client’s driving suspension. We recommended that he enroll in a defensive driving course while we prepared submissions to the Crown Prosecutors in his defence. The case proceeded to trial and there, we were able to successfully reduce his suspension to two weeks and negotiate a reduced fine.

Successful Result: Reduced Suspension; Reduced Fine

Case Number: 25790299

Our client was driving home with a friend when he accidentally slid into the back of another vehicle. He panicked due to his lengthy traffic record and his friend encouraged him to drive off. The police investigation led them to our client several weeks later, at which point our client was charged with a Hit and Run and Failure to Provide Information. If convicted, our client was facing several thousand dollars in fines or a jail term.

Upon being retained, we sat down with our client to discuss his options and determine the best defence strategy for him. We successfully negotiated with the Crown Prosecutor for the withdrawal of one charge in exchange for a guilty plea to the other. As a result, our client did not receive any demerit points, he paid a fine of $550.00 and was able to keep his license.

Successful Result: Reduced fine; No Demerits

Case Number: 25290302

Our client was arrested after he was pulled over on the highway for having a loose tarp on his truck bed. During the stop, the police officer discovered that the vehicle was not insured and had it towed. Our client was facing a minimum fine of $2,785.00, up to a maximum of $10,000.00 for the charge. Failure to pay would result in 45 days to 6 months in jail.

Upon being retained, we ordered and reviewed disclosure, including footage from the officer’s vehicle. We identified several issues with the investigation and brought them to the Crown Prosecutor. Based on these discussions, the Crown agreed to quickly resolve the matter and decrease the fine. We successfully argued to have the ticket fine reduced to that of a Failure to Produce Insurance charge, which is $750.00. As a result of our negotiations, we saved our client a minimum of $2,035.00 in fines.

Successful Result: Ticket and Fine Reduced

Case Number: 25280067

Our client received a violation ticket under the Traffic Safety Act for excessive speed. It was alleged that he was traveling at 118 km/h in a 70 km/h zone. Our client’s main priority was to avoid demerit points.

Upon being retained, we immediately ordered and reviewed all disclosure. We identified weaknesses in the case against our client. We subsequently began negotiating with the Crown Prosecutor and using our strong advocacy skills we were able to convince the Crown to resolve the matter with a charge to a lesser offence of failing to obey the rules of the road. As a result, our client only received a fine and was able to avoid demerit points.

Successful Result: Fine, No Demerit Points

Case Number: 25290232

Our client received a violation ticket under the Traffic Safety Act for failing to remain at the scene of an accident. Our client collided with the back of another motorist’s vehicle at any icy intersection. After both parties exited their vehicles and took pictures, the other driver alleged that our client drove away without providing sufficient documentation.

Upon being retained, we ordered and reviewed our client’s disclosure. After negotiating with the Crown prosecutor, we convinced the Crown to resolve the matter by imposing a fine and no demerit points.

Tickets Resolved with No Suspension or No Jail

Case Number: 252180214

Our client received a violation ticket under the Traffic Safety Act after he was pulled over for speeding excessively. The police radar clocked him at 171km/hour in a 110km zone.

Due to our client’s employment, it was imperative for him to avoid a license suspension. Upon being retained, we reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. The Crown eventually agreed to resolve the matter by way of a fine and our client’s license was not suspended.

Successful Result: Fine, No Suspension

Case Number: 25280093

Our client received violation tickets under the Traffic Safety Act for driving while unauthorized and failing to provide registration. A month later, he received more violation tickets for driving while unauthorized and failing to surrender a suspended motor vehicle document to Registrar.

Upon being retained, we immediately reviewed all disclosure. Our client’s main priority was to avoid jail time. The Crown Prosecutor initially indicated that they would be seeking a fine and 14 days in jail. After negotiating with the Crown Prosecutor, we convinced them to reduce their initial sentence and tender a resolution offer of a fine. As a result, our client avoided going to jail.

Successful Result: Fine, No Jail Time

Case Number: 22280206

Our client received a violation ticket under the Traffic Safety Act for driving while unauthorized. Due to his driving record, our client was facing a jail sentence.

Upon being retained, we ordered and reviewed our client’s disclosure. His priority was to avoid jail. We negotiated with the Crown Prosecutor and were successful in convincing them to resolve the matter with a fine. As a result, our client avoided any jail time.

Successful Result: Fine, No Jail Time

Case Number: 22280206

Our client received a violation ticket under the Traffic Safety Act for driving while unauthorized. Our client had a lengthy driving record and had already served one jail sentence for driving while unauthorized.

Upon being retained we reviewed the disclosure and began negotiating with the Crown Prosecutor. Our client’s main priority was to avoid a jail sentence. We informed the Crown Prosecutor about our client’s efforts to turn his life around since the offence. Due to our strong advocacy skills, our client’s guilty plea resulted in a fine and he avoided a jail sentence.

Successful Result: Fine, No Jail Time

Case Number: 65680133

Our client was driving while his license was suspended due to a prior conviction for dangerous driving causing bodily harm. He was pulled over for not wearing his seatbelt. When asked to provide the police with his driver’s license, the police realized that he was operating a motor vehicle while his license was suspended and arrested our client.

Upon being retained, we ordered and reviewed disclosure. Our client’s main priority was to avoid jail time. We discovered that the Crown Prosecutor would be seeking a jail sentence following a finding of guilt due to, in part, the serious nature of the previous offence which led to the driving suspension. We made contested in-court submissions for a sentence that would allow our client to stay out of jail. We succeeded in our application and as a result our client was granted a five month conditional sentence order that allowed him to serve his entire sentence in the community.

Successful Result: Conditional Sentence Order, No Jail Time

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