Speeding Ticket Near Timmins Ontario

Duke
Newbie
Newbie
Posts: 17
Joined:

Speeding Ticket Near Timmins Ontario

Unread post by Duke on

Hello All,
My question is to all the experts out there, including police officers or court prosecuter who visit this site.

Lats month on May 2 4 weekend, I was traveling to Timmins, Ontario to a work collegue's cottage. It was 3 am, just
before reaching the cottage, I got pulled over by a cop for speeding on Highway 11, near Kirkland Lakes , I had just switched
to take over the car because a buddy of mine was sleepy. The cop pulled me over a 90km/hr zone and told me I was doing 30 Km over.

I said no way, I wasn't driving 30 over, she came with a ticket that says 20 km over on a 70 zone. We went back to look for a 70 km zone
and found that it was a small town 3 km back where we switched the driver seats. She did not sign the ticket either, so I remined her that
she didn't sign (my mistake), she took the ticket from me and signed and wrote "R 100" under the code. I got a copy of her ticket and the
signature looks completely different. Anyways, I sent a ticket for Trial. I am from Toronto and can not go up north 8 hours and the trial is setup
for Decemeber. I just recieved a letter from the prosecutor, saying that he will be requesting to ammend the speed to the orginal speed km/hr pursuent to section 34 of the act. He also lists some case like R.B Becker, R.V Antunes and R.V Wanammaker as authority to ammend.

The prosecutor called me a day earlier before the trial, and told me that once he get all the paper work he will discuss with me and now I get this ammendment letter.

My question to you all is, if I do not show up on Trial, will they still ammend the ticket on my absense? Or will I be convicted as the charge 20km/hr over the speed limit which is on the ticket?

Please let me know.

Thank you to all of you moderators for answering.

Duke


daggx
Sr. Member
Sr. Member
Posts: 392
Joined:

Posting Awards

Unread post by daggx on

I could be wrong but I believe that if you don't show up they can only convict you of what is on the ticket although they will add a $5 court fee. That having been said if you are thinking of not showing up I would call the prosecutor and see if he is willing to plea bargain with you to a lower speed, the worst thing he can do is say no and you might get a good deal out of it.


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

If you don't show up there will not be a trial, which means there will be no opportunity to amend the certificate to the higher amount. If you don't show up there will be a conviction under s. 9.1 of the POA for what is on the ticket.




http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Post Reply

Return to “Driving While Suspended”