Did 116 kph on 100kph limit on 401

delazoul
Newbie
Newbie
Posts: 5
Joined:

Did 116 kph on 100kph limit on 401

Unread post by delazoul on

Hi, I was caught last night doing 136 on 401 but the officer was kind enough to drop it down to 116, so 16kph over speed limit. On the ticket doesn't say anything about demerit points so I'm not sure if i got charged with any demerit points. I would pay the ticket if i wouldn't get charged the points, so my question is if I go to court and plead guilty would I get the demerit points off since I never had any other offenses, this is my first ticket in 5 years of driving.
If anyone could help would be greatly appreciated.


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

As the title of the forum says, this is a 3 demerit point offence. The officer doesn't assign them, they are automatically applied by the Ministry once you're found guilty of the offence. You can only avoid the demerit points by either being found not guilty or if the Crown agrees to a plea deal to a lesser offence that doesn't have demerit points.

Be advised if you try to fight the charge, speeding tickets can be raised back up to the full amount in Court (so 36 over in your case). 36 over carries 4 demerit points and a much larger fine.

Don't get too hung up on demerit points. You're nowhere near getting a suspension and insurance companies look at all convictions, not just those with demerit points.


delazoul
Newbie
Newbie
Posts: 5
Joined:

Unread post by delazoul on

Ok thanks for the thought, I still have 15 more days to decide if I wanna go to court or not.


delazoul
Newbie
Newbie
Posts: 5
Joined:

Unread post by delazoul on

Well someone told me that if there are any mistakes on your ticket they could drop the ticket so I looked on my ticket and found one..heheheh.
The officer misspelled my name on it, my middle name, she put Dorion instead of Dorin, do you think I could use that in court to make them drop the ticket ?
I know its silly but Im just trying to make this ticket disappear. :D


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

delazoul wrote:Well someone told me that if there are any mistakes on your ticket they could drop the ticket so I looked on my ticket and found one..heheheh.
The officer misspelled my name on it, my middle name, she put Dorion instead of Dorin, do you think I could use that in court to make them drop the ticket ?
I know its silly but Im just trying to make this ticket disappear. :D
No, that isn't a fatal error. If your name was missing the ticket could be quashed, but a misspelled name doesn't matter.


Bluebird
Newbie
Newbie
Posts: 11
Joined:

Unread post by Bluebird on

Fight it. There are at least 3 reasons for that:
You will delay the conviction entering your record by about 1 year, you have a chance to win if the officer is absent in court and also the crown can lower your speed to under 15 km/h over (most likely).


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

Bluebird wrote:Fight it. There are at least 3 reasons for that:
You will delay the conviction entering your record by about 1 year, you have a chance to win if the officer is absent in court and also the crown can lower your speed to under 15 km/h over (most likely).
I'd disagree with the last part, you're very unlikely to get any further reduction on a ticket that has already been reduced by so much. Also be careful not to actually force a trial since you'll likely face the full 36 over.


delazoul
Newbie
Newbie
Posts: 5
Joined:

Unread post by delazoul on

Stanton wrote:I'd disagree with the last part, you're very unlikely to get any further reduction on a ticket that has already been reduced by so much. Also be careful not to actually force a trial since you'll likely face the full 36 over.
Is it just me or on almost all your comments you are in favor of the police, to just plead guilty..


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

delazoul wrote:
Is it just me or on almost all your comments you are in favor of the police, to just plead guilty..
My responses are based on my own experiences and observations, and what I believe to be the most likely outcome in Court. I think if you read through my other posts you'll see I very rarely recommend people simply plead guilty to any and every charge. By the same token, I'm not going to blindly recommend people go to trial where they could risk even greater jeopardy. Speeding is an absolute liability offence, meaning defence options are somewhat more limited, and one of the few offences where you can face a more serious outcome by fighting it.

All of my responses were direct answers to your questions and a correction to what I believed to be incorrect advice from another poster. I stand by the advice that you should avoid blindly going to trial due to the greater jeopardy. The caveat would be if disclosure shows a lack of critical evidence or some other mistake where you think you could actually win the trial, but there's nothing to indicate that in your posts.


delazoul
Newbie
Newbie
Posts: 5
Joined:

Unread post by delazoul on

Stanton wrote: All of my responses were direct answers to your questions and a correction to what I believed to be incorrect advice from another poster. I stand by the advice that you should avoid blindly going to trial due to the greater jeopardy. The caveat would be if disclosure shows a lack of critical evidence or some other mistake where you think you could actually win the trial, but there's nothing to indicate that in your posts.

I have to say I appreciate the time and efforts you are putting in answering peoples questions but that's the impression I got from reading you're posts.
Just to let you know I did follow you're advice and paid the ticket without going to court, I'm not sure if it was the best decision but what's done it's done.


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

I agree with Stanton in this case, and might i say well worded sir!
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


matt123
Jr. Member
Jr. Member
Posts: 41
Joined:

Unread post by matt123 on

Without question Stanton is a stand up guy and doesn't beat around the bush,his opinions are among the best anywhere and we get them for free.






Post Reply

Return to “Exceeding the speed limit by 16 to 29 km/h”