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Ontario Highway Traffic Act

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19km/h over reduced from 35km/h over
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PostPosted: Wed Mar 11, 2009 3:08 pm 
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Joined: Wed Mar 11, 2009 2:32 pm
Posts: 2
I got a ticket today going 95 in a 60 zone. I actually thought it was an 80 zone, but that would still make me over anyways so that is no excuse.

Anyways, I chose option 2 (without getting some of the good info here) and have an appointment in 2 months to meet with a prosecutor.

I called my insurance company and my agent told me that demerit points are irrelivant, if you get any ticket from 1-49 km/h over it is a insurance hike.

I was just wondering if you guys had any advice for me at all. Should I bother fighting the ticket or going to court when I don't have any excuse for speeding? Should I try to make somthing up?

I really cannot afford an increase on my insurance right now. Is there any way out of this mess? Any help at all would be very very appreciated. Even if it is telling me "no, there is nothing you can do", so I can stop scouring the ent for a solution.


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PostPosted: Wed Mar 11, 2009 4:05 pm 
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Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
1) Shop around for a new Insurance company. Most will forgive one minor traffic violation every 3 years.
2) Make the charge "minor". Discuss your dilema with the prosecutor at the court address on the back of your ticket. See if he would be willing to change the charge to "Disobey Sign" so that your insurance will be affected as little as possible. The fine won't change (might even go up a bit), but the insurance increase is the real problem. Cheerfully pay the fine if he will allow you to plea down. He will have an interest in avoiding an expensive trial as much as yourself.
3) Check option 3! Even if you plan to plea bargain later, option 3 will give you more time. More time is very important if your insurance is coming due any time soon. You want your court date to come up AFTER your renual. This will give you one more year on your OLD rate (should your rates increase due to a conviction).
4) Read the "steps" at TicketCombats site.

About Plea Bargaining:
http://www.cbc.ca/consumers/market/files/cars/tickets/

TicketCombat:
http://www.ticketcombat.com/

NOTE: You would never "make something up" at trial. Your only intention for a trial would be to question the officer about his training, the equipment used to register your speed, and the calibration and proper use of that equipment. If the officer doesn't show up for court, you're case will likely be dropped.

I'm currently assisting a co-worker who just got the same ticket (90 in a 60... in one of those very short small towns you encounter now and then). It's worth noting this co-worker quite frequently announces that he NEVER speeds and is quite unapologetic for the lines of cars that form behind him. Just shows that ANYONE can get a ticket these days. The cop listened quite intently as he explained how this was just a fluke, and that he NEVER passes other cars, blah, blah, blah... Then the cop said it's his policy to never reduce charges on the side of the road and passed him his ticket.

It's worth noting that this co-worker's brother is a Cop, but his first call when he got home was to ME! LOL


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PostPosted: Wed Mar 11, 2009 6:41 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
If you intend to plead it down to 15 km/h over (no demerit points), most insurance companies will just let it go, as Bookm said. Your insurance company sounds a little more uptight about minor traffic offences. Start shopping around a couple of weeks prior to your meeting with the Prosecutor, then switch insurance companies before the ticket gets put into the system. That should save you some $$$. And yes that is perfectly legal.

Bookm wrote:
The cop listened quite intently as he explained how this was just a fluke, and that he NEVER passes other cars, blah, blah, blah...


I guess your co-worker didn't realize there are two sure-fire ways to get a full ticket:
1. Argue with the cop at the roadside, or :roll:
2. Sing the "OPP yeah you know me" tune when stopped by the Ontario Provincial Police. :shock: :D


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PostPosted: Thu Apr 23, 2009 1:55 pm 
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Joined: Wed Mar 11, 2009 2:32 pm
Posts: 2
Thanks so much for the replies guys!

I was away for a while and am just getting these messages now, much appreciated.

So I got my disclosure package a few days ago...not really sure what I am looking for but everything seems in order. All the dates were correct, as was the area and speed I was traveling. There is a photocopy of the officers card and a barely legable page that has almsot everything blacked out except the word "Radar retest- oh" (or maybe ir is 06?).

The officers note says

"V1 OBS S/B CEDARVIEW AT 95KM/H 60KPH ZONE.
DRYING ROADS, LIGHT TRAFFIC, SUNNY D1/RO POLITE
ONT D/L M. RADAR I WAS N/B AT TIME".


I guess my plan is to just ask the prosecutor to plea down to 15km or disobey sign as you said. I hope I say it right though, as it is all jargon to me. I am just going to be as polite as possible and hope for best (unless you think that is bad).

I really don't want to cause the officer any annoyance, as he was very nice and dropped it down from 95 to 79. I am also partially scared that they might try and bring it back to 95.

Anyways thanks guys for the advice, really appreciate it; sorry it took me so long to thank you. Any additional advice would be awsome.

Oh, and my first attendance is next thursday. That is just with a prosecutor right?


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