Drivers court trouble The best traffic offence is a good defense, experts say
Friday, August 21, 1998
By SHANNON SUTHERLAND
For The Financial Post

A woman ticketed for hurtling down a highway near London, Ont., at more than 150 kilometers per hour thought she had it all figured out when she went to court to plead guilty with an explanation in hopes of leniency.
She said it was so foggy, she couldn't take her eyes off the road to check her speedometer. She didn't, of course, find a lot of sympathy in court for driving 50 km over the speed limit , heavy fog notwithstanding. However, the woman was exercising her legal rights, and some traffic ticket tales have a happier ending for drivers. Some tickets are quashed due to technical errors on the ticket, and some people are plea bargaining their way out of hefty fines or are getting off by taking the time to come up with a defense strategy. Traffic courts across the country are clogged with motorists challenging their traffic tickets. In Calgary, first appearances in traffic court have doubled to 30,000 a month in the last 10 years. About 100 trials are held every day. In Toronto, between four and 10 traffic courts in six court houses run five sessions every day. In these sessions, up to dozens of traffic court dramas play out daily.Ý
"The days when a traffic ticket was just good after-dinner conversation are gone," says Brian Lawrie, founder and president of POINTTS, a business which provides former police officers for consultations and representation in traffic court. Motorists often don't realize how quickly a few traffic tickets can lead to standing in line for public transit tickets. Many motorists don't understand the law and its courts. Misconceptions about quashing , or legally annulling, a ticket for example, abound.Ý
Calgary lawyer Joan Blumer says mistakes on a ticket such as incorrect dates or unclear charges can invalidate a ticket. But generally, mistakes such as misspelling a person's name or writing down the wrong home address aren't grounds for quashing. What is grounds for quashing is often a matter of discretion and can vary according to circumstances or the particular judge on the day. But it's probably not wise to be ready with an "ah-h-just-hang-on-a-minute" kind of defense resting on the misspelling of the name "Smith" with an "i" instead of a "y." While many people are turning to lawyers or defense services such as POINTTS which charges between $100 and $500 for representation, most people are still defending themselves.
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The it-wasn't-me defense is frequently used for speeding. In cases where people are charged with illegal left turns after colliding with vehicles proceeding through the intersection, people often claim the oncoming vehicle was running a red light. And a common defense for failing to obey traffic signs is the sign was obscured. Sometimes these strategies work. But often, even a strong defense isn't enough. Lawrie uses the example of a man who was ticketed for failing to obey a stop sign. The defendant, who was a stranger to the area where the infraction occurred, brought photos to court showing the stop sign was hidden by a tree. However, he wasn't allowed to enter the evidence, because his brother took the photos, and consequently, his brother had to be the one to present them. The man didn't know he could have recalled the officer who ticketed him to ask whether the photos were an accurate representation of the scene. In the end, he was found guilty.

Ý"Often people have a good defense, but they don't know how to present it," says Lawrie.

Ý"They come out of (traffic) court with a bitter taste in their mouth, and for many people, that's going to be their only brush with the justice system."

Lawrie says POINTTS has a success rate of about 82%. However, success often means plea bargaining for lesser charges rather than a not guilty finding. Some people don't want to gamble on a trial. He estimates about one-third of people who are cited for a driving infraction fight the tickets. That equation adds up to some significant numbers, considering about 1.1 million traffic tickets are issued in Ontario annually. In Calgary, almost 300,000 traffic tickets are issued by the city police traffic section each year.
Although fines and points differ across the provinces, some traffic infractions carry hefty penalties.

Avoiding fines and demerit points is the motivation to fight tickets in some cases.
Careless driving convictions, for example, result in six demerit points in Ontario and Alberta. When a non-probationary driver accumulates 15 points, his or her driver's license is suspended for 30 days.

Ý"It's not usually about points and fines," says Charlie Pester, president of POINTTS Calgary office. "The majority of people have insurance concerns. Insurance hits people faster and harder than demerit points." A careless driving conviction, for example, can increase insurance premiums by between 50% and 300%. Drivers with previously clean records often lose good ratings which reward them with discounts. Inspector Richard Powell of the Calgary Police Service's traffic section says, that if police follow any driver around long enough, the they will likely see some sort of traffic violation. But most people are responsible drivers. And most that do get caught confess and take the ticket in stride, he says. Drivers who aren't as agreeable can always have their day , or their 15 minutes , in court. . "The majority of people have insurance concerns. Insurance hits people faster and harder than demerit points." A careless driving conviction, for example, can increase insurance premiums by between 50% and 300%. Drivers with previously clean records often lose good ratings which reward them with discounts. Inspector Richard Powell of the Calgary Police Service's traffic section says, that if police follow any driver around long enough, the they will likely see some sort of traffic violation. But most people are responsible drivers. And most that do get caught confess and take the ticket in stride, he says. Drivers who aren't as agreeable can always have their day , or their 15 minutes , in court.