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82KM/H on 50KM road... please help me... I need this
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PostPosted: Thu Jun 21, 2012 10:43 pm 
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Joined: Thu Jun 21, 2012 10:34 pm
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Hey Guys, My name is Eric in Niagara Falls.

Originally, I was charged for 70km/h on 50km road... so it was 3 points right?

but for some reason, i thought it wouldve been much better once i mail to prosecutor to double check..

Finally, Today I received a mail that says "Will seek to amend ticket to the original speed of 82KM/H at TRIAL.

I'm shocked.. and I do not know what I should do ...

Here is my excuse - The day i got pulled over (December 13, 2012 at around 8:00 AM) was my Final Exam day (starts at 9:00AM).

so now.. If i talk to another lady (I assume that's another prosecutor in office) on the day of trial and explain that it was my EXAM day..

Do you think that she will reduce it back to 70km/h charge?? or maybe even just $40 and no points?

Thanks

Please keep eyes on me T.T

I posted this on both section, because it's kinda applied for both section.

Also I forgot to mention that I already have 3 points on my record (will be gone in 6 months)


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Fri Jun 22, 2012 6:02 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The speed won’t be amended unless you actually have a trial in Court. If you decide to plead guilty prior to a trial, it will be for the reduced speed shown on the ticket (20 over).

Since your ticket was already reduced by the officer, it’s very unlikely the Crown would offer any further reduction. The fact that it was exam day won’t garner any sympathy and isn’t legal justification to speed.


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Fri Jun 22, 2012 11:06 am 
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but on the sheet, it says that "You still have to attend the court for the trial on the date"....

If i talk to proscuetor on the trial day (the lady in office), is she going to reduce it to at least 70km/h? (20km over)

???


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Sat Jun 23, 2012 3:59 pm 
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Joined: Sat Mar 19, 2011 5:55 pm
Posts: 41
I would just go pay the reduced ticket and not show up at the trial.


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Sat Jun 23, 2012 8:47 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You can still decide to plead guilty to the original charge on the trial date. The Crown will only amend the charge if you insist on having a trial.


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Sun Jun 24, 2012 2:03 pm 
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Hey Eric, ya it totally sucks. Prosecutors completely abuse the courts ability to amend a certificate or information. While never admitted, it is done to punish the public for exercising their right to a trial.

A certificate is only supposed to be amended "if necessary" when it appears the certificate or information:
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or in form.

The rate of speed (whether going 20 or 25 over) does not fall into any of these areas, speeding is speeding. However, most Justices will allow the amendment. To increase the penalty because a defendant wants his day in court, is not the legislative intent of the Act......but it appears to be the new thing for prosecutors to use to get out of a trial.

Fighting a speeding ticket and winning is almost impossible, especially at the range you are in (16 - 30 over). Most are settled for a reduced fine out of court. If you go to trial, you will likely lose unless you can find an issue with how the radar gun was tested at the start of the cops shift. However, most cops understand that this is your only real play in court and will have that evidence down solid. Don't forget that most cops are "coached" on giving evidence by the crown.....


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Sun Jun 24, 2012 10:55 pm 
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Joined: Thu Jun 21, 2012 10:34 pm
Posts: 4
Shannon wrote:
Hey Eric, ya it totally sucks. Prosecutors completely abuse the courts ability to amend a certificate or information. While never admitted, it is done to punish the public for exercising their right to a trial.

A certificate is only supposed to be amended "if necessary" when it appears the certificate or information:
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or in form.

The rate of speed (whether going 20 or 25 over) does not fall into any of these areas, speeding is speeding. However, most Justices will allow the amendment. To increase the penalty because a defendant wants his day in court, is not the legislative intent of the Act......but it appears to be the new thing for prosecutors to use to get out of a trial.

Fighting a speeding ticket and winning is almost impossible, especially at the range you are in (16 - 30 over). Most are settled for a reduced fine out of court. If you go to trial, you will likely lose unless you can find an issue with how the radar gun was tested at the start of the cops shift. However, most cops understand that this is your only real play in court and will have that evidence down solid. Don't forget that most cops are "coached" on giving evidence by the crown.....


Thanks for the answers guys

1. Is there any chance that COP MAY not show up???

2. also, if I choose to pay... do i have to wait until the trial day? or can i even pay tomorrow?

3. This is just outside question, I have school on trial day... do you think i could postpone the trial? (I already have 3 points on my record, after another year or so, this point will be deleted from the record.. so i need more time)

Please let me know one more time... Thanks


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Re: 82KM/H on 50KM road... please help me... I need this
PostPosted: Mon Jun 25, 2012 5:31 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
1) There's always a chance, but it's more likely they will then won't.
2) You can prior to trial.
3) The Crown may consent to an adjournment if you had a final exam or something exigent, but not for just a regular school day.


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