Speeding Ticket

stripuranthakam
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Speeding Ticket

Unread post by stripuranthakam on

Hi, I recently got a speeding ticket for 50$ for driving 65 in a 50 zone.

I was originally at 72, but the officer dropped it too 65 with no demerit points.
I was driving in the left lane which was coming to a left only lane, and I wanted to switch into the right lane.
However, it was rush hour and there was a line up behind my car and a line behind the car beside me, so I sped up to switch into the lane.
That was when the officer tagged me and pulled me over.
I am a student, and I do not want to have my insurance to go up.

What should I do?
Pay the ticket?
Or fight it? And if I fight it, what should I say/what are my odds of wining?

Thanks in advance!


Stanton
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Unread post by Stanton on

Nobody can give you the odds of beating any particular ticket since that depends on many factors.

Just be aware of the following with speeding tickets:
1) It's an absolute liability offence, which basically means there is no excuse for committing the offence. To fight the charge you have to argue reasonable doubt, i.e. you never committed the offence.
2) If you do go to trial, the ticket can be raised back to the full amount (22 over in your case). I would not recommend blindly forcing a trial without reviewing disclosure and seeing if you have any possible defences.

There are tons of posts on these forums about what to look for and actual strategies. Good starting point is to request disclosure and see what the actual evidence against you is.

FYI, you probably just rounded off the number, but the actual fine on your ticket should be $52.50. If the officer actually put $50 for 15 over, the fine is incorrect and the ticket could be withdrawn.


stripuranthakam
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Unread post by stripuranthakam on

Alright, I see.
I heard from a friend however that in his driving school, they said to accelerate when changing lanes. Ive never heard that. But is this true? Could I use that in court??

Thank you.


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Simon Borys
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Unread post by Simon Borys on

You could say that but it's not a defence. The speed limit is the MAXIMUM you can go, whether you are driving or changing lanes or passing or whatever.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Stanton
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Unread post by Stanton on

Again, it's an absolute liability offence. Absolute liability offences mean there is NO justification for committing the offence short of necessity. Necessity means you have to show the Courts that the only reason you committed the offence was that you were in immediate peril with no other options (e.g. being chased by someone with a gun).


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Radar Identified
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Unread post by Radar Identified on

I guess the real question for the OP is - was the fine written on the ticket actually $50 or was it $52.50? Incorrect fine amount is a fatal error.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


stripuranthakam
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Unread post by stripuranthakam on

The officer did write $52.50. So I guess I'll just pay it off and see what my insurance company does :/ does anyone know how much my insurance will go up by (approx)? I pay like $40. And if I spoke to my insurance broker, is there any way they can make an exception and not increase my insurance? I basically can't let my parents know I got a ticket. I'm willing to go to any extent legally to stop my insurance from going up!

Thanks everyone for your comments!
Helped a lot :)






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