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Looking for advice on stunt driving first court appearance
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PostPosted: Wed Jun 22, 2016 5:49 am 
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Hey there,

I recently got pulled over allegedly doing 151 in 100. My car was impounded and license suspended 7 days. I got summoned to court about a month a way. The ticket says driving motor vehicle stunt / 50 km or more. I was just wondering if anyone had any experience or what the chances of the ticket being reduced? And was wondering how do I ask about a plea deal with out making it look like I expect one.

I do terribly regret everything and have no intentions of speeding.

Tia


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 8:28 am 
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you wont get it reduced;
get a bref


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 8:37 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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Plead not guilty and request a trial. Once you get your notice of trial, then you can request disclosure (officers notes, speed measuring device manual). Once you get disclosure, post it here so we can review it.

After you get the disclosure you can ask for meeting with prosecutor prior to the trial to see if they will offer you a plea deal. If the prosecutor is in a good mood, they might drop it to Speeding 49 over. If they offer speeding 49 over then you should take that as it is only a MINOR offence on your insurance (small increase) versus Speeding 51 over or Stunt driving which are SERIOUS offences (huge increase).

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+++ This is not legal advice, only my opinion +++


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 10:25 am 
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Hi Neveragain9051,

My friend has just successfully had his stunt ticket reduced in Newmarket court......he had 55 over and prosecutor agreed to reduce it to 49, based on my friend's story the insurance will still be increased not because of the 49 (may or may not be because this offence) but because of the license road suspension.....


After my friend saw and showed to legal his disclosure he realized that the only thing to do is to ask for a reduction......he apologized, asked for reduction and got it.....

Hopefully you get it as well......I am not on the consulting side here, just as you having some problems but this story is exactly what my friend was a month ago.....so again hopefully you will be able to successfully reduce that.

by the way, Thanks again to jsherk to always answering and helping people.....


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 10:38 am 
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FYI: The road side suspensions should NOT count against your insurance at all because it is an administrative penalty.

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+++ This is not legal advice, only my opinion +++


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 10:56 am 
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interesting, before my friend had a trial obviously he wasnt convicted, however , while he was waiting, he had his insurance renew and so it went up.....he contacted them and they said that this is because of the license that was roadside suspended......maybe he didnt understand something or maybe I am wrong......sorry anyways if I made a mistake by writing this.....thanks lord its not my story:-) but I will call him today and ask....


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 11:02 am 
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There are many factors the prosecutors consider before agreeing to lower the rate of speed down...an increase in the insurance rates is not one of them...they are well aware of the fact that the insurance premium will increase, exponentially. They will consider, how much over the 50km they were going, time of day, other aggravating factors and most importantly, what the driver's record is like...in this case, only being a tad over the 50, and if the driver has a fairly clean record, you will most likely get a reduction...I would go talk to the prosecutor first before hiring a paralegal who will just go talk to the prosecutor and request the same deal...


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Fri Jun 24, 2016 10:53 pm 
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I'd agree with screeech. They'll take a look at the situation. Doing 190 in an 60 is one thing, 151 in a 100 is another. If you haven't pulled this kind of stunt before, i'd imagine they might drop it to 49 and under. While it was still stunt driving, it wasn't enough for the police to put out a blurb for the newspapers.

Your summons is just an appearance. If they offer you anything below 50, i'd take it and run. Anything below 50 and you might not even notice an insurance increase. Anything 50 and over and you'll pay 100% on top of what you're paying now.

alexu wrote:
interesting, before my friend had a trial obviously he wasnt convicted, however , while he was waiting, he had his insurance renew and so it went up.....he contacted them and they said that this is because of the license that was roadside suspended......maybe he didnt understand something or maybe I am wrong......sorry anyways if I made a mistake by writing this.....thanks lord its not my story:-) but I will call him today and ask....


Insurance providers can't raise your rates based on a 7 day administrative suspension. I'm sure some may try, but they're not allowed. You'd have to be suspended for over a year before your provider can even submit a form to the Financial Services Commission of Ontario justifying an insurance hike. Even then it's not automatic.

I've never seen an abstract with an administrative suspension, but I don't believe they reveal any details regarding why it's there. You can get an administrative suspension for a number of things, including something medical.


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Sat Jun 25, 2016 7:46 am 
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Thanks for all the info,

I have court in the middle of July and I will keep an update.

I do have two prior speeding tickets 2011 15/km and 2015 15km is that really going to look bad on me ?

Do they mention the prosecuter in the first appearance or do I have to mention it?

Thanks again for all the info stressing over here


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Mon Jun 27, 2016 10:55 am 
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whilst I understand, the whole jist

it's not a tad over 50, (and I get what your saying)

it's 51 "over" the speed limit

so he wasn't just over the limit, he had the pedal to the metal and was "booting" it

screeech wrote:
There are many factors the prosecutors consider before agreeing to lower the rate of speed down...an increase in the insurance rates is not one of them...they are well aware of the fact that the insurance premium will increase, exponentially. They will consider, how much over the 50km they were going, time of day, other aggravating factors and most importantly, what the driver's record is like...in this case, only being a tad over the 50, and if the driver has a fairly clean record, you will most likely get a reduction...I would go talk to the prosecutor first before hiring a paralegal who will just go talk to the prosecutor and request the same deal...


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Mon Jun 27, 2016 11:03 am 
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so not just doing a "tad" over the stunt, been done for speeding twice,
serial speeder with a record, IMHO he wont get a reduction

I do remember seeing 2 things from here

1> stunt etc; generally you can't get a reduction, so it's a trial only option
2> Serial speeders also don't get reductions

again that's what I thought I've seen here, of course you can get lucky


Neveragain9051 wrote:
I do have two prior speeding tickets 2011 15/km and 2015 15km is that really going to look bad on me ?


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Mon Jun 27, 2016 11:25 pm 
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Bobajob is incorrect... From what I concluded through the vast amount of research I did when I had the same charge, the stunt charge almost always gets reduced to 49 over providing you had a clean record before the charge and you're about 50-55 over the limit.

This is obviously not a guarantee nor legal advice, just what I've observed and experienced myself. I'm not sure how your two previous infractions will play into this, but either way I would definitely see the prosecutor yourself before hiring a paralegal. If he doesn't offer you anything, then consider legal aid. Also keep in mind they are certainly not obligated to give you any kind of break, so be kind and very apologetic.


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Tue Jun 28, 2016 2:31 am 
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The mentality has changed over the last couple years. The attention Stunt Driving once received has cooled down a bit. When they first started, I don't remember anyone being offered a reduction. If it was offered, it was certainly wasn't a common occurrence. These days, it's typical to hear about drivers being offered a reduction with anything close to the 50 mark. It's also dependent on your past driving history. I don't think one minor speeding offense would sway them one way or another, but when you start adding them up, who knows.


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Tue Jun 28, 2016 8:11 am 
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he "has" 2 speeding convictions.

did you not read that bit ?

He also didn't mention that in his opening, although he did say

"I do terribly regret everything and have no intentions of speeding. " :shock:

So 3 in total; that makes him a serial speeder. Am I missing something?



HTA25 wrote:
Bobajob is incorrect... From what I concluded through the vast amount of research I did when I had the same charge, the stunt charge almost always gets reduced to 49 over providing you had a clean record before the charge and you're about 50-55 over the limit.

This is obviously not a guarantee nor legal advice, just what I've observed and experienced myself. I'm not sure how your two previous infractions will play into this, but either way I would definitely see the prosecutor yourself before hiring a paralegal. If he doesn't offer you anything, then consider legal aid. Also keep in mind they are certainly not obligated to give you any kind of break, so be kind and very apologetic.


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Tue Jun 28, 2016 9:48 am 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 193
I have more than 3 speeding tickets, and I still get roadside reductions (sometimes even warnings). Stuff happens, people make mistakes, that's just life. Not to mention the OP has 3 speeding tickets in 5 years, so personally I wouldn't consider that a serial speeder. If you had 3 speeding tickets in 6 months, that's another story. As for the OP, I've heard stories of guys who got clocked at 70+ over the speed limit and got reduced to 49 over, so it's highly likely your 51 over would be reduced to 49 over.


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