Driving at a rate of speed that is higher than 50km/hr is the most common reason, by far.
The Law's the law- even for Santa.
So says the tough-talking boss of the union representing the city traffic agent who ticketed Santa's sleigh in Brooklyn while he handed out presents to kids.
As neighbors and politicians demanded the summons be quashed Wednesday, James Huntley, who heads Local 1182, vigorously defended the agent who slapped a ticket on Chip Cafiero's SUV for double-parking.
Huntley said the agent didn't see Cafiero, but even if she had - Santa suit or no Santa suit - his SUV was double-parked and obstructing traffic along busy Third Ave. in Bay Ridge.
"We're not trying to ruin anyone's Christmas, not at all," he said, and he urged that the name-calling stop.
If you're not ready to face the music after the court has found you guilty and passed sentence, your only hope is an appeal.
An appeal is very different from a trial. Witnesses (such as the officer who gave you the ticket) are rarely at the appeal hearing. The court relies on the transcript of testimony from the trial and written submissions of the parties. Each party may be given limited time for oral argument.
While oral argument is the aspect most people are familiar with, it is usually the least important. More important are the written submissions. These are laid out in a factum, a highly structured document written according to convention and tradition.
Written submissions are key
Time and again the Ontario Court of Appeal has said that the factum is the most important part of the appeal. So it is essential to have a good one. Without legal training, it would be difficult to write a persuasive factum. This is one reason why assistance is vital.
For charges prosecuted under the Provincial Offences Act, appeals from conviction and sentence of the trial judge are heard in Ontario by a single judge of the Ontario Court of Justice.
Errors by trial judge
In an appeal, arguments are generally limited to allegation of error committed by the trial judge such as rulings on the admission of evidence.
Link: http://www.cbc.ca/canada/prince-edward-island/story/2008/08/22/pe-traffic-ticket.html
Staffing problems have meant only half as many traffic tickets as last year were issued in Charlottetown in the first half of 2008, but there will soon be some new sheriffs in town.
Richard Collins expects to have more officers on the street for the rest of the year. (CBC)
Deputy police chief Richard Collins told CBC News Thursday he's been dealing with a serious staff shortage. He's down seven officers because of secondments and various sick leaves, and that's affecting the number of traffic tickets issued.
"We knew that the numbers were going to drop because of that, but we needed people in certain areas that had to function," said Collins.
Half as many tickets have been handed out this year compared to the same period last year.
Collins said traffic enforcement had to slide, for more important priorities like emergency calls and criminal investigations.
Councillor annoyed
Danny Redmond, chair of the city's police committee, was surprised to hear about the problem. His committee meets with the chief and deputy every month, and Redmond said he was never told a staffing shortage would affect the number of tickets issued.
"As a chair and within our committee, we would expect that when we have our meetings that we're briefed on everything. Nothing's left out," he said.
"I expect to be informed, as I know the committee is and council is. So we will definitely be bringing that forward at the committee level."
Collins said a new staffing model will be rolled out next month, that will see more police on the street. He fully expects that for the last half of the year the number of tickets issued will increase.
According to New York traffic attorney
Matthew Weiss, Esq. (http://www.nytrafficticket.com), the New York State
Department of Motor Vehicles reports that motorists will soon be paying a
hefty 60% increase in surcharges for New York traffic tickets. As of August
1, the surcharge has gone to $80.00, just having gone from $50 to $60.00 on
July 1st. Originally $5.00, this surcharge was instituted by then-Gov. Cuomo
in the 1980s and has quickly grown to often surpass the actual fine amounts.
The surcharge is payable in addition to the actual fine for the NY moving
violation. It is also payable in addition to the $300 (or more) Driver
Assessment Responsibility Fee, which is imposed upon motorists that accumulate
six or more points. The Driver Assessment Fee is payable by all motorists
regardless of their state of license, that have 6 or more points in New York.
According to Weiss, "New York politicians use motor vehicle traffic laws
as a multi-faceted way to tax New York drivers which, of course, creates
further incentive for motorists to fight their tickets." Weiss adds that,
because the high cost of gas is reducing vehicle traffic on major NY highways,
"the police have fewer targets to ticket and therefore need to squeeze more
money out of each victim. Courts have no discretion to waive or reduce the
surcharge and often the surcharge exceeds the actual fine amount for the
traffic ticket."