136km/h in a 100km/h zone (401 near Cornwall)

martron
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136km/h in a 100km/h zone (401 near Cornwall)

by: martron on
Wed Jul 01, 2009 1:16 pm

I got this ticket on June 21st near Cornwall on my way home from Montreal. I'll set out details of the tickets and then have some questions.


Infraction 1: Speeding 125km/h in a posted 100 km/h zone. Reduced from 136km/h (as noted with R 136 in the code box).
$93.75 fine, $118.75 total
No fatal errors on the ticket (that I can tell), names, addresses etc. are all fine. I guess he checked off "No witnesses" although I did have a passenger in the car, but I doubt that's a fatal error.

Infraction 2: Fail to surrender insurance card.
$50 set fine, $65 total
No errors on ticket.

Context: Was passing a truck in the left hand lane. Tailgater made me speed up to finish passing, stationary police car clocked me right then.

Other factors: I'm a Masters student and currently jobless (AKA poor).
Valid insurance was not in the car when I was pulled over, it was unfortunately in my dad's wallet who wasn't with me. I was borrowing the car for the weekend. I am not listed as a driver on the insurance (since I don't live in the same city as my parents and only borrow the car once in a while for trips like this).

I don't really deny that I was going the clocked speed, nor that the insurance card wasn't present. It would be nice to pay less, but that would mean I need to get to Cornwall once the trial date comes around (I'm in Guelph which is 500km away).

Question time:
1) I plan to contest the tickets. Mainly because my father's insurance is up for renewal this month and I think it would be good to delay. If I do this, can I simply pay the fine before my court date and avoid extra court fees for not showing up?
2) Should I contest both fines because insurance would see them both as minor offences?
3) Do my infractions affect my father's insurance because it was in his car if I'm not listed as a regular or part-time driver? I don't own a car so I partly don't care about my own.
4) They are mail in tickets (United counties of Stormont, Dundas and Glengarry). If I mail in my notice of intention tomorrow, 5 days before the end of my 15 day period, will the office a) receive it in time or b) not care if it arrives after the 15 day period? I don't think this is a large issue because the provincial offences office in Guelph is about a 6 minute walk from my house.
5) Would these two offences have separate trials?

I guess that's all the questioning I've got for now. If this did come to trial, I would basically plead for a reduced sentence due to my own impoverished student life and being a citizen in good standing. Of course, there's always the hope that the constable won't show up, but I'm not paying 1000km in gas just to find out.

Thanks for your help.


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by: Radar Identified on
Wed Jul 01, 2009 2:26 pm

Answer time:

1. You can call the Prosecutor and try to plea-bargain. The $5 court fee is already included in the total payable so it doesn't matter when it is paid. Plea-bargaining may also get rid of one of the tickets, or possibly reduce the speed even further.
2. Yes, it gives you leverage when plea-bargaining. "Fail to surrender insurance" is something that 90% of insurance companies don't care about.
3. It shouldn't. You aren't listed on his insurance so it should have any effect. Had you been in a collision, then yes, because your father would've filed a claim. But in this case, no.
4. I'd go to the office in Guelph to file, more for peace of mind than anything.
5. Both trials will be held at the same time.


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by: martron on
Thu Jul 02, 2009 1:00 pm

So would a good process be:

1) get the court date
2) request disclosure materials
3) find out who the prosecutor is
4) call and bargain

?


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by: martron on
Fri Jul 03, 2009 11:33 am

So I was just told by the lady at the Guelph Provincial Offences office administration that they do not accept out of jurisdiction (e.g. Cornwall) notices. Is she off her rocker? Is there official legalese I can print out that says I can? She also mentioned that Guelph somehow "opted out" of that...

Gonna try calling Cornwall to see if I can maybe fax it. I'm not sure that it'd arrive by monday if I mail it.


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by: martron on
Fri Jul 03, 2009 12:50 pm

Talked to Cornwall office. They actually give 45 days (according to the admin I talked to) in order to mail in the ticket. Gonna do that now.


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by: Radar Identified on
Fri Jul 03, 2009 2:58 pm

martron wrote:So would a good process be:

1) get the court date
2) request disclosure materials
3) find out who the prosecutor is
4) call and bargain
Yes. Make it look, to the Prosecutor, like you're ready to fight all the way... then plea-bargain. I'd imagine that they'd offer you something appealing.


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