OHTA.ca

I was ticketed for parking in the disable spot without permit in Tor.

The trial date is 18 months and 10 days from the offence day.

I need advice/opnion for the following questions:

1.Go to court and plead guilty: what would the reduced fine be upon plea bargain?

2.Constitutional challenge 11b: any chance of success for an 18 months and 10 days delay (assuming time delay is the only factor)? And if 11b fails can I fall back to take the plea bargain for a reduced fine?

3.Trial: Officer wrote ticket without checking for displaying of permit (because while I was sitting inside the car, saw him walking up from behind and throwing ticket on the windshield, he did not have time to check for the permit display). Do I have a case? Officer assumed an offence already committed and laid charge before seeing any evidence.

Any help would be appreciated

greentea wrote:I was ticketed for parking in the disable spot without permit in Tor.

The trial date is 18 months and 10 days from the offence day.

I need advice/opnion for the following questions:

1.Go to court and plead guilty: what would the reduced fine be upon plea bargain?

2.Constitutional challenge 11b: any chance of success for an 18 months and 10 days delay (assuming time delay is the only factor)? And if 11b fails can I fall back to take the plea bargain for a reduced fine?

3.Trial: Officer wrote ticket without checking for displaying of permit (because while I was sitting inside the car, saw him walking up from behind and throwing ticket on the windshield, he did not have time to check for the permit display). Do I have a case? Officer assumed an offence already committed and laid charge before seeing any evidence.

Any help would be appreciated

"If you were waiting for a disabled person."

You had every right to wait there.

My wife is disabled and if I drop her off I wait farther away as a courtesy.

If you want to be a prick and take up a spot you are probably entitled to it.

Whether it sticks or not kudo's to the cop.

In a round about way they are just making you do unnecessary stuff for being a prick.

You will get off but maybe you will not do it again.

Good traffic work.

Cheers

Viper1

a lot of information here on how to prepare an 11b application; if the 11b fails, be prepared to go to trial; from my experience i was advised by the prosecutor that if i proceeded with my 11b motion that plea-bargains would be 'out the door'

the MLEOs i'v dealt with check very thoroughly; we had a situation where there was a vehicle occupying a handicap space w/o a permit on the dash, when we called in the MLEOs they advised us there was a valid Disabled Permit on the flip-visor

the prosecutor might offer 50% off or something to the effect, if you plead-guilty infront of a JP and show exceptional circumstances like financial difficulties: single, four kids, unemployed and on social assistance... you may get a suspended sentence = $0 no fine

but 11b is the way to go

Thanks Ifly for sharing the usefull info.

I know in my case the officer could not check for the displayed permit, because I was sitting in the car for the whole 5 minutes waiting there, it was nearly dark and the parking lot was almost empty. I would have known if he was around the car checking for the displayed permit.

Thanks again Ifly.