i think it's great that you're changing your driving habits to drive at the limit, and you should continue to do so
1.) On the scene, the officer said he got me at 137km/h, but said he "gave me a break" and "only put 130 on the ticket" ... If the case was brought to court, would the court HAVE to amend the charge up to the highest speed recorded on the officer's notes? (which would be a charge of going 137, instead of 130)
if you choose to go to trial and lose, the speed will be amended back to the original 137kph.
2.) What is the minimum time/maximum time a disclosure request takes to get mailed, received, processed, and returned? I do wish disclosure could come sooner, so I can get the answer for the above question.
You have to give the crown atleast 8 weeks notice before your trial date; they require 6-8 weeks to process your request; some jurisdictions mail out discosure, in others they require a phone number/e-mail where they will contact you to come pick up disclosure at their offices
3.) If the answer to 1.) is that the courts DO have to amend the charge up back to 137km/h instead of 130, I would rather just pay the $220 fee than risk a potential bigger loss in losing to a 137km/h (which is a fine of $70 more). With that being said, what is the minimum time I would have to pay the ticket fine before the court date (including delivery & processing time)? Is this allowed? How would I go about doing this?
even on the trial date, if the officer shows up and prosecutor doesn't want to plea-bargain to 129 or lower; you can go to the ticket office and pay the fine on your ticket
4.) To be honest, my strategy (if the courts do NOT have to amend the charge), is to:
1.)Hope the officer doesn't show up
2.)Try to get a good plea bargain (even going down to 129km/h would save me $80)
3.)Hope that the prosecutor tries to use evidence that wasn't properly disclosed
4.)Try to get the cop on proper calibration of radar gun
5.)Plead my case to the judge (although my friend says no matter what, judges take speeding as speeding, even if I say my reason was due to people tailgating me, and I accelerated to give my self a safe breaking distance in case of an emergency)
You have a very good chance of getting a 129kph reduction which would save you money and it's 3 points, so you'll avoid the DL suspension
they will most likely disclose what they have; to cross-examine the officer with the calibration, you need the manual for the radar
R. v. Perka set out guidelines for Necessity Defences in Canada which can be used in Absolute Liability Offences like Speeding in Ontario
There are however four principle limitations on such a defence: (R. v. Haynen 2002 OJ No. 4943)
a) There must be "clear and imminent peril" calling out for action without deliberation.
b) There must be no reasonable legal alternative to the illegal act.
c) The harm inflicted by the illegal action must be less than would be present if the "clear and imminent peril" were manifested.
d) If the harm, which forms the basis for the defence, was foreseeable and avoidable at an earlier time without any illegality, the defence is unavailable.
If for example you say that people are tailgating you, the courts will ask which lane were you in? If you were afforded a right lane, why didn't you move to that lane? Was there a shoulder available? Why didn't you pull over and let them pass? How long were they following you? Giving the driver behind you safe breaking distance is not really enough. When you continued to accelerate, did they continue following you? Will you continue to accelerate to appease them? How long were you speeding?
How close were they to your vehicle? Did you feel they were under the influence? If so, did you call 911? Did you tell the officer about the erratic driver behind you?
The courts will unfortunately conclude there were a lot of legal things you could have done, instead of speeding. There are a lot of cases you can read where pregnant couple driving at over +56kph to the hospital and the defence of necessity was not available to them (R. v. Paraschiew); a driver was speeding up to overtake a truck which was doing the 100kph speed limit, and he was also not afforded that defence (R. v. Dryka)... very rarely does the necessity defence work, it has to be a very unique situation... where for example completely unmarked civilian type police vehicles are following you, and an undercover plain-clothes officer pulls out a gun and you bolt (R. v. Lotufo)
There was another case, where the accused tried to commit suicide by blocking his exhaust to die from CO poisoning; but he woke up and found himself alive, he was intoxicated and tried driving himself to a hospital; he saw a police car, and went towards it... subsequently pulled over and explained his story... Justice in that case believed that he successfully had all the elements to use the defence of necessity.
5.)How long do points stay on my record? I am a G2 driver, and I know if I am convicted, I have 4 points on my record, resulting in a 30-day suspension. Do I have to pay to get it reinstated? Do these points carry over to my G license? Do they remain in the system/on my record forever?
Points stay on your record for two years from the offense date, not the conviction date. Example: if it takes two years for your trial, and you get convicted... you don't have any points. If you get a G license within the two years from the offense date, the points will be transferred/applied.
6.)Insurance- If I lose the case (or even get a plea bargain), would insurance skyrocket
for this particular charge. How long would this charge take to be removed from my insurance history? I have thought about it, and I am ok with not driving for a few years in order to not get destroyed by insurance fees.
Insurance consequences for a 130kph or 137kph conviction on a G2 Novice Class DL would be deadly. The 30-day License Suspension would normally mean that insurance companies will not touch you, you will have to go to the more expensive facility insurance. The insurance companies will only be able to see that suspension for upto 5 years. The actual speeding conviction will only be accessible to insurance companies for upto 3 years from the date you were convicted (ie: trial).