rellevart
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136km In 100km Zone, 401 W, Cornwall, Aircraft Enforcement

by: rellevart on

Per the subject, I was stopped just over a week ago. I mentioned to the officer that I was going with traffic, and couldn't have been going over 125km. He mentioned that I was spotted by aircraft, and that he is just the messenger for aircraft patrol.


At this point, I have a 4 point ticket, $271 fine, and have to make a decision.


The infraction occurred in Cornwall; I live in Toronto.


I consulted with a traffic lawyer who mentioned that he could probably get the points (and fine) reduced for around $500. He said he was familiar with the courts and judge there.


I consulted with the courts office, who said if I pleaded Option 2, it would be for fine reduction or extend time to pay, but points would not get reduced. If I pleaded Option 3, then I would get a court date, in which case it may be possible to get a reduction in points too, but no guarantee. Seeing that I live far from Cornwall, they said I could go to a local court and have the option 3 request faxed to them just the same.


I also hear that the Cornwall courts are "tough" in terms of getting a deal, etc.


It's been ages since I have received a traffic ticket of any kind. I am also unfamiliar with how aircraft enforcement works.


If I went with a traffic lawyer this whole affair would cost ~$700, and reduced points. And it would save me a drive to Cornwall and back.


If I went by myself, the cost would be maybe $300 (reduction in fine/points, tank of gas and my time).


Any advice I what I can do here? I would prefer to go myself and save the $$$, but if a professional would do a better job (by whatever means), that works too, as far as insurance costs.


If I do this on my own with Option 3, am I guaranteed the chance to settle the ticket without going to full trial?


Thanks for any advice and suggestions.

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Simon Borys
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by: Simon Borys on

First of all, no one can "get the points reduced". They are automatically assessed based on whatever speed you are convicted of or plea to. The way people end up with reduced points for speeding offences is that they plea to a lower speed (and then get the points associated with that speed). You can arrange that deal or you can have an agent do it for you. They may be better equipped to negotiate on you behalf, but not necessarily.


If you pick option 3 it usually starts with a resolution meeting with the crown to try to work a deal out. If that's not successful it goes to a trial date, at which time you can plead guilty to the offence that's on the ticket or have your trial.

NOTHING I SAY ON HERE IS LEGAL ADVICE.
Stanton
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by: Stanton on

Certainly not a guarantee, but you might have a better than average chance of not having an officer make the trial. The Crown would likely need both the spotter and charging officer to attend Court. The spotter in the aircraft probably works in several different regions, meaning he'd have fewer available dates to attend Court compared to an officer who works strictly in one region.

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hwybear
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by: hwybear on

Stanton wrote:The spotter in the aircraft probably works in several different regions, meaning he'd have fewer available dates to attend Court compared to an officer who works strictly in one region.

That was the case when the program was introduced, but now I think each detachment has several observers (spotters). The aircraft flies into the local airport and picks up the officer from that detachment area.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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