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Do I have any options?
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PostPosted: Tue Aug 27, 2013 6:10 pm 
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I should start by saying that the ticket is actually for 10 over, but there's no forum for that. It was reduced to 60 in a 50 from 71 in a 50.

So basically, as a young-ish driver, my rates are already rather high, and I don't get the benefit of one completely forgiven minor conviction that some older drivers might. So after running some quotes, this could cost me over 1200 over 3 years in insurance (motorcycle and car). Which is why I'm concerned about this minor ticket.

Couple questions:

1. I assume my best options if I want any chance of getting rid of this is to request a trial and request disclosure (is that what it's called? getting the officer notes, radar maintenance schedule etc?). What do I look for in all this? Assuming the ticket is without mistakes (I believe it is, but I'll double check tomorrow, it's at the office).

2. To request a trial, do I have to go to the courthouse, or do I just wait? It says to go to the courthouse on the ticket, but people are telling me just to wait.

3. If I request a trial, get all the disclosure etc, and figure out I've no chance, up til what point can I still plead guilty to the reduced charge?

I asked x copper about it, and emailed a copy of the ticket on their request for more info, but I've heard nothing since...just to be sure; they can't just go about representing me without me signing something, right?

Thanks in advance!


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Re: Do I have any options?
PostPosted: Wed Aug 28, 2013 7:15 pm 
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Joined: Wed Sep 19, 2012 1:44 am
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saxy wrote:
1. I assume my best options if I want any chance of getting rid of this is to request a trial and request disclosure (is that what it's called? getting the officer notes, radar maintenance schedule etc?). What do I look for in all this? Assuming the ticket is without mistakes (I believe it is, but I'll double check tomorrow, it's at the office).


Correct. Request a trial and then when you receive your Notice of Trial, request disclosure. You can still have a trial without requesting disclosure, but it's not recommended.

As for stuff to look for, your options are pretty much endless. It would have to be something of significance that would prove you were not speeding. Calling your car "gray" when it's "gunmetal" is not something to build a case on.

Speeding is an absolute liability offense. It means you were speeding or you weren't. There's no in between. Definitely no "I was speeding, but...".

saxy wrote:
2. To request a trial, do I have to go to the courthouse, or do I just wait? It says to go to the courthouse on the ticket, but people are telling me just to wait.


Most tickets will let you submit a plea via mail. If that's not an option on your ticket, i'd suggest you follow the instructions on the back. Do not ignore it. It will be automatically entered as a guilty plea and you will be responsible for the fine. If you ignore the fine, your license will be suspended.

saxy wrote:
3. If I request a trial, get all the disclosure etc, and figure out I've no chance, up til what point can I still plead guilty to the reduced charge?


In almost all cases, you will receive a plea deal before your trial. Even if you had no defense, trials take up considerate amounts of time as all the steps of a trial need to take place. They would rather you plead guilty and move on. There will be more people showing up for trials afterwords and they can't have you occupying up all their time.

That being said, you are most likely not going to receive anything other than what you already have. You already had your ticket reduced from 21 over to 10 over (3 demerit points to 0). There just isn't anymore wiggle room there for you.

Should you go all the way to trial, your ticket will be brought back up to the original charge.

Also, if you're expecting the officer to not show up, the prosecution will sometimes hide whether they are in the building or not until you plea. Some prosecutors will drop the charges without you needing to do anything, others will play dumb until trial time. Either way it's not a regular occurrence or something to lean back on.

saxy wrote:
I asked x copper about it, and emailed a copy of the ticket on their request for more info, but I've heard nothing since...just to be sure; they can't just go about representing me without me signing something, right?


In all honesty, you're in a position where hiring an xcopper type service isn't going to benefit you much.


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Re: Do I have any options?
PostPosted: Wed Aug 28, 2013 11:54 pm 
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Thanks for the detailed reply. That's about what I figured, particularly about the x-copper, but I figured I'd see if I could solicit some advice at least.

What exact moment is the charge brought back up? Can I show up the day of the trial, and decide before it's my turn that I'd rather plead guilty to the reduced ticket? You mentioned that some prosecutors might drop the charges without me needing to do anything if the cop doesn't show; does that happen before the trial, and do I know about it before the actual trial?

Basically what I'm asking is what can I safely hold out for before my absolute last change to plead guilty to the reduced ticket.


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Re: Do I have any options?
PostPosted: Thu Nov 14, 2013 7:51 pm 
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Joined: Sat Sep 07, 2013 12:05 am
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*Bump*

I had a same question. How long can you wait out before you accept the prosecutor's offer? If you say you will plead not-guilty and then when stand on trial and the JP asks what you plead, can you then say that you plead guilty to 10 over the speed limit?


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Re: Do I have any options?
PostPosted: Fri Nov 15, 2013 12:58 am 
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Joined: Wed Sep 19, 2012 1:44 am
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Bri1234 wrote:
I had a same question. How long can you wait out before you accept the prosecutor's offer? If you say you will plead not-guilty and then when stand on trial and the JP asks what you plead, can you then say that you plead guilty to 10 over the speed limit?


The Prosecutor will let you know what deal they are going to offer (if any). If you need time to digest it, simply ask. If there is a lineup of others, the prosecutor will usually say it's fine and you can sit down and ponder your options. They'll go through the others in the meantime before coming back to you.

They'll bring you back up again and ask what your decision will be. If you accept the offer, you'll be in and out. If you don't, you'll have a trial. If you refuse the prosecutors offer, they are under no obligation to satisfy a change of heart. You can't take the deal because there is no longer a deal. That being said, as long as the trial hasn't started they'll probably be willing to give you the same offer again if you act quickly enough.


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