Using court to postpone payment/insurance hike !!!

ttrystru
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Using court to postpone payment/insurance hike !!!

by: ttrystru on
Sun Dec 20, 2009 6:39 pm

Hey fellow members, yesterday I got a ticket for 20 over, going 80 in a 60 zone. Now this ticket was already a reduction form going 50 over :?
Anyways, the ticket has the R 110 on it so the chances of fighting and winning are slim right?! But what i was planning on doing is taking it to court just to postpone the payment and it affect on my insurance. So if I did do that, took it to court, how would i go about pleading guilty just before the actual court date appearance. My understanding is that I request a trial, then when i get a notice of trial date by mail, i right away request for disclosure and when i get disclosure, i plead guilty and pay the fine?! Do i simply go to the civic center after i got disclosure and pay it there? I have no experience in this so any comments or ideas are welcome. I think this is a good strategy to postpone payment and insurance hike if it actually works.

What do you guys think? :idea:

Thank You.


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by: Radar Identified on
Sun Dec 20, 2009 10:00 pm

WOW, dropped from 50 over to 20 over?! :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock: :shock:

That was one very nice officer... Holy Cow...

Truthfully, if I were in your shoes, I'd just suck it up and pay ASAP so the Prosecutor doesn't turn around, withdraw the 20-over speeding charge and issue a summons to appear for 50-over stunt driving (and also encourages officer to continue reducing speeds). Conversely... if I did want to postpone anything... I'd deliberately check off that I DID NOT intend to challenge the officer's evidence. But that's just me... sorry...
* 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


ttrystru
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by: ttrystru on
Mon Dec 21, 2009 1:00 am

so if i take it to court and check off that i do not want to challange officers evidence, do u think the prosecutor wont reverse the charge to 50 over and that way ill buy some time to pay the ticket?


toybus
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by: toybus on
Mon Dec 21, 2009 1:10 am

where did you get the ticket?


ttrystru
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by: ttrystru on
Mon Dec 21, 2009 2:12 am

i got in missisauga. going on dundas just after cawthra going up the bridge. the cop told me i passed him it was an unmarked cruiser.

I rly dont know what to do? i have no problelm with paying the ticket but i do not have the funds to deal with it now, if possible id rather prolong the whole process by geting a trial etc. and then when i get a court date in about 6 or so mounths simply plead guilty. But then again like the previous poster said the prosecutor may reverse the charge back to 50 over? is that likely to happen? :roll:


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by: Radar Identified on
Mon Dec 21, 2009 7:06 am

Truthfully, it's unlikely that they'd change it, particularly in places like Mississauga. It can happen within 6 months of the offence if the Prosecutor has a mean streak.

To prolong the process, do exactly what you proposed: Set a trial date and then plead guilty before the trial starts. If you receive a notice that they intend to change the charge, then call them and plead guilty... otherwise, you should be able to drag it out.
* 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


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by: OTTLegal on
Fri Dec 25, 2009 10:30 am

What you want to do is file the ticket for a trial date, then on the trial date you can appear in court. If the officer is there then you can just say that you want to plead guilty to the charge and if the officer is not there they will usually withdraw the charge.

The court and the police officer only have 6 months to relay a charge so once its past that date they can't increase the speeding ticket, it is very rare that they would do that.

Even if you dont go to court the justice has to examine the ticket to make sure that it is proper and if something is wrong the ticket could get canceled. If you dont appear they will just send you the fine payment in the mail.

As always if you have a person who knows about going to court and legal arguments (licensed paralegal) helping you the chance of winning is much higher.

You have to ask yourself, why did the officer drop the ticket this much???

Usually there is a reason.... Maybe the officer is not trained properly to use the radar, maybe they didnt get a proper reading, maybe they dont know how to give proper evidence in court....

If the reason the officer dropped the ticket isnt obvious to you, then it sounds like there is something wrong with the officers investigation.

As you probably know the ticket at 20 over still has 3 demerit points on it, which you want to avoid if possible.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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