2nd Speeding Violation In 4 Months (Advice?)



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Simon Borys
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by: Simon Borys on
Sat Sep 04, 2010 12:32 am

The points are non-negotiable. They are an administrative action by the MTO. No one has any power to reduce them. If you get convicted of an offence you will get whatever points are associated with that offence. Your only chance for less or no points is to plead guilty to a lesser offence (which carries fewer points) or be acquitted on whatever charge you are facing.

With regards to points you have already accumulated, they regenerate 2 years after the offence date, the conviction stays on forever, but isn't usually visible after 3 years. [See the my latest blog post on my website for a details explanation of provincial offence convictions].
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


Ryan2010
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by: Ryan2010 on
Sat Sep 04, 2010 12:43 am

What is my best choice, Option 2 or Option 3 (trial)?


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Simon Borys
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by: Simon Borys on
Sat Sep 04, 2010 11:02 am

I can't answer that for you. It depends how you feel about the ticket, what you can afford to have on your record, what you can afford to spend in terms of time and money in your defence, etc
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Radar Identified
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by: Radar Identified on
Sat Sep 04, 2010 1:41 pm

Option 3. That is the only way you can plea-bargain to a lesser charge without demerit points, or be found not guilty, etc.

Option 2 is where you plead guilty to the offence as charged, but try to offer an explanation. The Justice of the Peace is then left to decide whether or not to reduce the fine only, in this case. The courts do not have discretion as to whether or not to waive, reduce, or alter demerit points, once you have been convicted.
* 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


Ryan2010
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by: Ryan2010 on
Sat Sep 04, 2010 2:38 pm

Radar Identified wrote:Option 3. That is the only way you can plea-bargain to a lesser charge without demerit points, or be found not guilty, etc.

Option 2 is where you plead guilty to the offence as charged, but try to offer an explanation. The Justice of the Peace is then left to decide whether or not to reduce the fine only, in this case. The courts do not have discretion as to whether or not to waive, reduce, or alter demerit points, once you have been convicted.
Thank you very much, I plan to fight the ticket with option 3a and while at school for 5-6 weeks in the nearest city I plan to reopen my last ticket as the only reason I never took it to court (first and only ticket) was because I was told by an OPP Officier the reduced ticket (fine value) would not affect my record.

I know folks who get tickets say everything, if I had a lawyer that truely knew me they would fight tooth and nail as they would now I am not the sort of guy to perposesly drive more then 10-15 km/hr over any speedlimit over 90 (10km over on anything above 60). I don't take doing 105 in a 90 zone as speeding or 70 in a 60 zone but I do have limits to what I would do.

I have been a taxi driver since Feb, I have gained allot of driving skill because of dangerous/reckless/drunk drivers and those that perposesly try to cut off a taxi even within town.


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