I got my first ticket about a week ago where i was going 136 in a 100 zone. I'm guessing that the officer lowered it to 128 because it was my first ticket (i'm 22 and i've been driving since i was 16) and this was his 'warning' for me. Everyone i've known told me to fight a ticket no matter what, but this being my first ticket i don't think it's worth fighting it over ~$100+taxes and maybe having them bump it back up to 136. The reason i'm asking though is because that was easily the fastest i've ever gone in my life. I only sped up to that because there were two cars almost fighting in front of me and i just tried to get out of their way. Of course i sped up ahead for 5 seconds to get away from them and that's when i got caught. The 'fighters' got away with it and went off. I didn't mention this to the officer because it was my first ticket and i didn't know what to do. I told him it was my first time and he came back and lowered it to 128 so that the fine wasn't too much... Any advise to my long winded question? Also, if i do decide to fight the ticket, the court is almost 1.5 hours away from my home. Is there anyway to change that place to somewhere closer or would i HAVE to go to the place mentioned? I'll probably just pay the thing if i have to drive down there... edit: also forgot to mention, it should be 3 demerit points for going 28 over but do they disclose that i was actually going 36 over to my insurance company? I'm sure my insurance won't go up because of this first offence in my 6 years of driving so i hope the 3 points + ~$100 is all that i suffer from this ticket.
I got my first ticket about a week ago where i was going 136 in a 100 zone. I'm guessing that the officer lowered it to 128 because it was my first ticket (i'm 22 and i've been driving since i was 16) and this was his 'warning' for me. Everyone i've known told me to fight a ticket no matter what, but this being my first ticket i don't think it's worth fighting it over ~$100+taxes and maybe having them bump it back up to 136.
The reason i'm asking though is because that was easily the fastest i've ever gone in my life. I only sped up to that because there were two cars almost fighting in front of me and i just tried to get out of their way. Of course i sped up ahead for 5 seconds to get away from them and that's when i got caught. The 'fighters' got away with it and went off. I didn't mention this to the officer because it was my first ticket and i didn't know what to do. I told him it was my first time and he came back and lowered it to 128 so that the fine wasn't too much... Any advise to my long winded question?
Also, if i do decide to fight the ticket, the court is almost 1.5 hours away from my home. Is there anyway to change that place to somewhere closer or would i HAVE to go to the place mentioned? I'll probably just pay the thing if i have to drive down there...
edit: also forgot to mention, it should be 3 demerit points for going 28 over but do they disclose that i was actually going 36 over to my insurance company? I'm sure my insurance won't go up because of this first offence in my 6 years of driving so i hope the 3 points + ~$100 is all that i suffer from this ticket.
Normally you have very little to lose fighting a ticket except time wasted in Court. Reduced speeding tickets are a bit of an exception since they can be raised back up to the original amount at trial. Still though, theres nothing wrong with requesting a trial and reviewing disclosure. Just don't actually go ahead with a trial unless you think you can win. In regards to Court, you will have to travel to the Court where the offence occurred. The trial cant be moved to where you live for convenience sake, though you can sometimes negotiate with the Crown prior to trial by phone. In regards to your explanation for speeding, its not a defence in Court. Speeding is whats known as an absolute liability offence, meaning you either were speeding or you werent. The" why" doesnt really matter unless it was an actual emergency. To beat the charge you'd have to review disclosure and see if there's any weakness in the Crown's case. Most speeding cases are won simply because the reasonable doubt is raised, either about the accuracy of the device (i.e. not calibrated) or correct vehicle stopped (i.e. lost sight of person prior to pulling them over). In terms of your insurance company, they can only go by what youre convicted of, not the actual speed you were stopped at. 28 over should be considered a minor offence, which could result in a minor increase in your premiums. Check with your provider (anonymously if needed) to be certain.
Normally you have very little to lose fighting a ticket except time wasted in Court. Reduced speeding tickets are a bit of an exception since they can be raised back up to the original amount at trial. Still though, theres nothing wrong with requesting a trial and reviewing disclosure. Just don't actually go ahead with a trial unless you think you can win. In regards to Court, you will have to travel to the Court where the offence occurred. The trial cant be moved to where you live for convenience sake, though you can sometimes negotiate with the Crown prior to trial by phone.
In regards to your explanation for speeding, its not a defence in Court. Speeding is whats known as an absolute liability offence, meaning you either were speeding or you werent. The" why" doesnt really matter unless it was an actual emergency. To beat the charge you'd have to review disclosure and see if there's any weakness in the Crown's case. Most speeding cases are won simply because the reasonable doubt is raised, either about the accuracy of the device (i.e. not calibrated) or correct vehicle stopped (i.e. lost sight of person prior to pulling them over).
In terms of your insurance company, they can only go by what youre convicted of, not the actual speed you were stopped at. 28 over should be considered a minor offence, which could result in a minor increase in your premiums. Check with your provider (anonymously if needed) to be certain.
Hmm thanks for the information. I think i'll just pay the ticket and be done with it. I really don't have the time to travel 1.5 hours to court and review everything and honestly i can't really think of anything that I could argue other than what i already mentioned. I doubt i'd have a good argument to make because i actually was going a little too fast. My best argument would be to look at my clean history in the past but other than that the best i'd hope for is that the cop doesn't show up which is a long stretch i'd assume... Anyone else have an opinion on this? Also, is http://www.paytickets.ca/ legit? You'd think that they'd mention that site on the pay slip for ease of use
Hmm thanks for the information. I think i'll just pay the ticket and be done with it. I really don't have the time to travel 1.5 hours to court and review everything and honestly i can't really think of anything that I could argue other than what i already mentioned. I doubt i'd have a good argument to make because i actually was going a little too fast. My best argument would be to look at my clean history in the past but other than that the best i'd hope for is that the cop doesn't show up which is a long stretch i'd assume...
Anyone else have an opinion on this?
Also, is http://www.paytickets.ca/ legit? You'd think that they'd mention that site on the pay slip for ease of use
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
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So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
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I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
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Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
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Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
