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Speeding 49km/h over
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PostPosted: Wed Oct 19, 2016 12:43 pm 
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Joined: Wed Oct 19, 2016 12:31 pm
Posts: 5
First timer here.
Need some suggestions.
I got caught going 129km/h NB Hwy404.
I was pulled over at Elgin Mills.

Cop said he was following me since hwy 7.
He then informed me that this was a construction zone which is 80km/h. Thats when I really got worried.
I really didn't notice any signs that stated 80.

Cop said he was following me, and said I had been going between 130-140. But I guess he reduced it to 129km/h. Said otherwise I'd be STUNT driving.

I was just going with the flow of traffic on the way to work. I happened to be the last car in the line up, so I go nabbed.

He also said the fines would be doubled due to the construction area.

My understanding is that workers must be present at the time of the ticket, and later inspections would indicate signs saying so.

I did a little research and found out, with official email documentation that there were no workers on the road until 1pm. My ticket was at 8:10AM.
I know money isn't a big deal. Ideally I would like it to be dropped completely.


My concern is... If I go to court, is there a possibility the Judge can remove the reduction and charge me with stunt driving and take away my license and car? for 50+
Should I just see the prosecutor and see what they will offer me.

I have a clean record. I haven't had a ticket in 12-15 years.

What should I do?


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Re: Speeding 49km/h over
PostPosted: Wed Oct 19, 2016 1:36 pm 
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Your charge was reduced to 49km from stunt.

Let's just ignore whatever defense you think you have for now. Personally, i'd pay it and run before anyone notices. That and your charge would be amended to the original speed anyways.

The difference between 49 and 50 is astronomical. It's the difference between, lets say, a 5% surcharge or even a 15% versus a 100% surcharge for the next couple years. It's the difference between keeping your current insurance policy and being booted by your provider.

Sometimes it's not about win or lose but about walking away with your pants still on.

Workers being present or not only impacts the fine. You're still speeding and you can still be convicted of speeding at the end of the day.


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Re: Speeding 49km/h over
PostPosted: Wed Oct 19, 2016 4:41 pm 
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I am aware there is probably no defense for me.

If I go to see the prosecutor, does he have the authority to increase my ticket to stunt? Or is that only the judge or justice of the peace?

I thought I would likely be charged regardless, so I thought I would go to the prosecutor, get the fine maybe reduced and take my lumps and pay the ticket.
Do I have anything to lose by seeing the Prosecutor in other words?

Any more suggestions?


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Re: Speeding 49km/h over
PostPosted: Fri Oct 21, 2016 2:24 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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If you take it trial and LOSE then they can raise the speed back up to the highest speed that the officer testifies. So he if says 140, then it would be SPEEDING 60 OVER. I do not think they can change it back to STUNT, but I am not sure so somebody else had better confirm how that works.

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


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 10:31 am 
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If I take it just to the prosecutor (ie: Option 2).

I can see if they will lower it at all, and maybe remove the double fine since there were no construction works.
Or even just get the fine reduced and accept the remainder of the ticket.

Can the prosecutor do anything to raise the ticket speed back?
And if the prosecutor adjusts anything for me with the ticket. Can I pay it off then and there, or will I have to go in front of the judge anyway to plead guilty to this lesser amount?


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 11:49 am 
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If you go see the prosecutor, that is your time to negotiate a deal. Put your best offer forward and see what the prosecutor says. There is no way this chage is just going to go away or be dropped down to no points...Sometimes the prosecutor will just come out and say what they are offering with very little room to negotiate. Due tot he fact the the officer already dropped it down for you and did not lay a stunting charge, there is a good chance the prosecutor will not lower it down any more.The prosecutor will only raise the speeding rate back up to the orgional speed if you go to trial, but at that, it will be for a higher speeding rate, not under the stunting legislation. Having said that, if you are convicted of speeding 50 or more over the speed limit, the prosecutor can still ask for a 30 day licence suspension...there is no fear the JP will change the charge to the stunting section and suspend your licence for 7 days and impound your car.


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 12:45 pm 
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So only in the trial can the prosecutor try to increase.
No chance of conviction from prosecutor until at trial.

If prosecutor gives me a deal and I take it. Can i settle up with the prosecutor outside of the trial?


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 4:08 pm 
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If you both agree to a deal, you both still have to go before the JP, there is no getting around that. The prosecutor should put forth the resolution for the courts consideration. The court is not bound by any agreement between the parties. There is never a chance of conviction from the prosecutor, only the court can convict you, either after you plead guilty to something or after trial if there is enough evidence to convict. Only at trial can the prosecutor ask to amend the ticket back up to the origional speed.


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 4:21 pm 
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Okay. This is making sense.

So basically, if the prosecutor won't reduce anything. I can either pay my ticket or go in front of the JP and plead not guilty or guilty to a reduced charge.

If the prosecutor gives me a break and says, lets reduce you down from 4 points to 3 points or something. I will go to court. The prosecutor will put forth the resolution and at that point the JP would likely agree with the Prosecutor? But can the JP say no, i don't agree with that resolution and decide to take my license?

If that is possible, is something like that likely to happen?

Thanks for the help


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Re: Speeding 49km/h over
PostPosted: Sat Oct 22, 2016 4:53 pm 
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1-if the prosecutor won't reduce the charge you can either pay it as it is or go to trial, at which time they will likely ask to amend the ticket back up to the origional speed
2-the JP will not reduce a charge, if the prosecutor does not stand up and state that you have reached a resolution for their consideration, the JP will only ask you how you plead to the charge before them, guilty-then you pay it as is, or not guilty-it goes to trial
3-the JP can say they do not accept the proposed resolution, very very rare...no the JP won't take your licence at that point...only after you have been convicted for 50Km/H over the speed limit under Section 128 and the prosecutor asks for the suspension-they don't always...


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Re: Speeding 49km/h over
PostPosted: Sun Oct 23, 2016 5:26 am 
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I don't have any advice, just want to put my two cents in. If he was following you from Hwy 7, why did he wait to pull you over in the 80 zone and not before? That would have been 29 over.The 80 stretch from the 100 is only a few hundred feet long where they're building the overpass. Those signs indicating 80 are only a few feet off the ground on stands and if there are trucks or vehicles to your right or left there is now way to see them as they are so low to the ground. Is there a law as to how high they must be? I'm on there every day and no one, and I mean no one slows down there.


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