70 in 50km/h zone. should i fight?

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georgeottawa
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70 in 50km/h zone. should i fight?

by: georgeottawa on
Tue Feb 22, 2011 10:58 pm

Got a speeding ticket today. was told it was 75, and reduced to 70 in a 50 zone. Are the following three arguments good enough to fight the ticket? (1) in the ticket, it states "At A Rd. @ B St., did commit the offence of speeding – 70 in 50KPH zone." Actually, I was stopped by officer at A Rd. @ B St, so the speed is "0" at A Rd. @ B St. (2) there is no speed limit sign in the part of A Rd I travelled. (3) I asked officer how many points, he said "2". I later checked that it was "3" points for 20km/h over the limit. Thank you!
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Stanton
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by: Stanton on
Wed Feb 23, 2011 1:01 am

Some quick answers to your questions:

1) Incorrect offence location (marking the intersection where he stopped you versus where he observed you) is not a fatal error.
2) Depends on the area where you were stopped. Built up areas (pretty much anywhere in a city) the speed limit is 50 km/hr unless otherwise posted. If it was a rural area you might have an argument.
3) Demerit points are something the MTO applies after your conviction and have nothing to do with police. The officer telling you the wrong amount is irrelevant in Court.
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georgeottawa
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by: georgeottawa on
Wed Feb 23, 2011 9:06 am

Can anybody please give me your opinion: What is the chance that I can get the speed reduced to 65km/h if I fight? This is my first speeding ticket. I am not sure why the officer just reduced the speed from 75 to 70, which makes no difference, still 3 points.
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Stanton
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by: Stanton on
Wed Feb 23, 2011 11:17 am

It's difficult to say what your chances of getting a further reduction are. It will really depend on the Crown who is dealing with you on that particular date.

In my experience they're less likely to further reduce a ticket that already has been, but your original reduction was relatively minor and you're not asking for much more.
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Shannon
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by: Shannon on
Sun Jun 24, 2012 2:21 pm

You only chance at removing the points is to go to trial and win. A prosecutor will rarely (never) reduce the ticket that much. If you go to trial however, you will probably lose. Speeding tickets are difficult charges to fight as they have you on radar (its pretty solid and doesn't leave much "reasonable doubt").....unless the radar unit was not tested as per the manufacturer's specifications or something like that.

As for the cop not understanding the point implication, it really means nothing. The earlier post is correct, points are placed after conviction by the MTO and has nothing to do with the police or court.

You best bet is to always select a trial option and at least review the disclosure. There may be something in there you can use to get the ticket thrown out or win at trial. Either way, you can always plead guilty later after reviewing the evidence and realizing you don't stand a chance.....Always at least request the evidence.
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gramada2
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by: gramada2 on
Tue Jul 03, 2012 8:35 pm

Fight it!
You are going to have a record anyway.$10 or $20 up and down doesn't make difference for the insurance purposes .The points are the last thing to worry about.
At least you have a chance if the cop doesn't show up.
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