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Ontario Highway Traffic Act

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Driving 63KM on 40KM zone(speeding ticket + 2 demerit point)
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PostPosted: Thu Mar 17, 2011 4:28 pm 
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Yesterday I was driving near York University at 63 KM speed where I am supposed to drive at 40KM speed. The police officer, stand up in the middle of the road as it was near the signal and asked me to pull my car. I was confused that why I was pulled ? (I have not noticed 40 KM sign, I think). He asked to show him my license and then asked for the ownership paper and insurance that I showed up to him. Unfortunately, the insurance was out of date from last month. However, I have renewed the insurance and may be it was older paper.

Anyway, police officer has issued me 2 tickets with 2 demerit points:
(1)Speeding 60 KM on 40 KM road (He said he has reduced from 63KM to 60 KM) and 2 demerit points $ 95.00 ticket
(2) $65.00 ticket for insurance issue (Though he said, if I will show him that insurance was renewed in time then he will tear off that ticket in the court)

This is happened first time. However, few months back I have once got a parking ticket in Toronto that I have paid.

I appreciate your advice and guidance on how to handle this matter? I have full G license.

Thank You.


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Thu Mar 17, 2011 6:21 pm 
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Did he tell you to come to the station to show him the correct insurance slip within a specified amount of time? or did he say to bring it to the prosecutor if/when you go to see him?

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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 9:06 am 
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Many thanks Simon,

The police officer has circled the Option # 3 - Trial Option on the back of the ticket which is mentioning to meet with a prosecutor in advance of a trial at York Civic Centre, Ontario court of Justice.

At the time when the police officer issued me a ticket, he said it is in my best interest to go for a trial.

Would you be kind enough to guide me in this matter please?

(1) What should I do? If I am supposed to go then can I go to Toronto downtown court of Justice or I must go on the address that is on back of the ticket?
(2) Should I go with professional services/representative because of 2 demerit points? Or should I represent me by myself? This is my first time speeding ticket.

Once again many thanks for your time and guidance.

Regards,

Bakul


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 11:29 am 
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If the officer told you to bring your insurance and show the crown then the officer will not be ripping up the ticket. By that time it will be out of his hands. I think what he meant is that, if you show the crown that you had insurance, he may withdraw the ticket. But he's not doing you any special favours there, withdrawing one in exchange for a plea to the other is normally the way things go.

You have to go to the address on the back of the ticket if you want to do anything other that just pay the ticket - that you can do anywhere.

I can't say whether you should hire a representative or not, but perhaps you could meet with the prosecutor first and see if you can work out a satisfactory resolution yourself. If not, you can always hire a representative then.

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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 2:49 pm 
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Good Day Simon,

Thank you for clarifying the things that if I go to the crown with valid insurance then he might withdraw that ticket on condition that I plea to the speeding ticket. I surf internet and as per the information speeding more than 15 KM is 3 demerit points so I guess plea on speeding ticket will result in higher insurance for 2 to 3 years. So, in my best interest I should fight this ticket means go for a trial.

(1) Is that means I am supposed to go to the office that is circled on back of my ticket ?
(2) If I go to fight the speeding ticket, should I have to fight both ticket or if I show valid insurance card will make the other ticket clear? I mean, when I meet prosecutor and show him valid insurance and not accepting plea on speeding ticket, can I do this?
(3) I was reading the board and I also noticed that if I choose to fight this ticket then I need to request for a disclosure (a detailed note of the police officer). When and where can I request for this please?

Thank you for your time and guidance.

Best Regards,

Bakul


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 3:34 pm 
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If you wish to fight the ticket, go to the address on the back of the ticket and they will tell you what you need to do to get a court date. They can also advise you on what the procedure is for requiring disclosure in that jurisdiction.

You can chose to fight 1 or both of the tickets, but if you want to speak to the prosecutor either ticket, you have to fight that ticket. So if you want to ask about getting the insurance card ticket withdrawn, you have to fight that one and if you want to ask about a plea to a lesser speed for the speeding then you have to fight that one. When I say "fight" I don't mean you necessarily have to go to trial. The first step in fighting a ticket is to meet with the prosecutor (after you get disclosure) and see if a plea can be agreed on. If this happens, then there's no trial.

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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 3:59 pm 
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Thank you so much Simon,

I understand that first I need to go the office that has been circled on back of my ticket to get the court date and also get information to request for a disclosure. I think, they will give me a date few months later and mean while I will also receive a disclosure. On the given date when I go to court, I may meet prosecutor and then move forward.

Is this means that I am going for option # 3 that is saying trial or not? Or while I meet prosecutor on given date, that time I need to decide weather I am going for a trial or plea guilty. And in whole this scenario, I am not paying any amount that is mentioned on my ticket. Is it right understanding ?

I really appreciate your help.

Best Regards,

Bakul


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Fri Mar 18, 2011 9:04 pm 
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You pick option 3 to declare your intent to fight the ticket. That assumes no deal is reached prior to that. You can meet with the prosecutor the morning of to try to work out a deal. You may also have the opportunity to meet with the prosecutor at an earlier date.

If you don't reach a deal at an earlier date then your final chance is to accept the deal offered (if any) the date of the trial - if not, you're going to trial. Of course if no deal is reached, you are still able to just plead guilty to the offence as listed on the ticket when you go up before the JP. The actual trial only commences when you say, "I plead not guilty."

With respect to the fine, once the trail commences (i.e. you plead not guilty) then the set fine on the ticket no longer applies. In this case you can be fined up to the maximum of $500. But the prosecutor usually still just asks for what the set fine would have been (depending on your record). If you plead guilty at the beginning of the trial, the fine is still the set fine.

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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Mon Mar 21, 2011 8:59 pm 
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Many Thanks Simon,

I went to the office listed on back side of my ticket and said "I plead no guilty". They informed that will get date by mail. What is a next step please?

Regards,

Bakul


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Mon Mar 21, 2011 9:36 pm 
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Normally people request disclosure and then make an appointment to meet with the crown to discuss a possible resolution.

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http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: Driving 63KM on 40KM zone(speeding ticket + 2 demerit po
PostPosted: Wed Mar 23, 2011 11:00 pm 
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Many thanks Simon for all your help.

Best Regards,

Bakul


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