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Ontario Highway Traffic Act

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How to beat this 29 over ticket. Trial very soon.
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PostPosted: Wed Jul 21, 2010 9:18 am 
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My Details:
24 years old.
Driving for 8 years.
1st speeding ticket.
Never convicted of anything.

Ticket Details:
September 2009
89 in a 60 = 29 over.
Ticket was not reduced.
Trial date: First week of August.

Situation:
To my suprise disclosure is incredibly detailed.

The officer has 2 seperate notes of calibrating the radar at the start and end of his shift. The first note is mich more detailed than the second. The second simply states that the unit was functioning properly.

He has another note that specified where he was standing while he radared. The exact direction. He describes the road..... the weather.... visibility. He even describes the exact distance that the speed limit sign was posted in front and behind him.

On another note, he speciifies my vehicle, make, model, color and that there was 2 vehicles in site. he raraded my vehicle by trageting the front license plate. Clocked me at 29 over.

The Lidar Radar Manual was also included.

To this day, I don't believe I was going 29 over. I'm not a speeder. I want to argue that the cop radared the wrong vehicle but I don't know if I even have a chance. Considering how detailed his notes are, I can tell this officer goes by the book and will most likely be there at the trial.

This is what I plan on doing on trial day:

Ask the prosecuter if the officer will be attending my trial. If not, plead not guilty in the hopes of it being thrown out. If the cop is there, plead Guilty for 15 over - no points.

15 over means my insurance will still get a hike... which is really my main issue. But I think these are my only options. Am I going about this right?

I've read the entire Ticket Combat site like 10 times. Scanned for flaws in the ticket and disclosure and can't find anything.


Last edited by woodensoldier on Sat Jul 24, 2010 8:25 pm, edited 2 times in total.

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PostPosted: Wed Jul 21, 2010 12:10 pm 
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You have mentioned both radar and lidar in your post so I'm not sure which one it was, but I'm guessing lidar because you said he targeted your vehicle specifically on the front plate. You can only do this with a lidar because it has a scope with a crosshair. If this is the case, I don't see how you're going to successfully argue that he targeted the wrong vehicle.

Pleading to 15 over seems like a pretty good choice, it will certainly be less of an insurance hike than 29 over.

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PostPosted: Wed Jul 21, 2010 8:20 pm 
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it was actually a speedlaser.... not sure if that the same as lidar.


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PostPosted: Wed Jul 21, 2010 8:43 pm 
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Same thing.

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PostPosted: Thu Jul 22, 2010 9:37 am 
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Location: somewhere in traffic
Quote:
My Details:
24 years old.
Driving for 10 years.


You started driving when you were 14?

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PostPosted: Fri Jul 23, 2010 9:01 am 
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lol, sorry, 8 years.


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PostPosted: Fri Jul 23, 2010 5:53 pm 
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Your strategy seems like a good one, given the circumstances. The officer had some extremely detailed notes, the Crown fulfilled their disclosure obligation... I'd say what you're planning to do is your best bet. Let us know what the outcome is, though!

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PostPosted: Sat Jul 24, 2010 8:24 pm 
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Lets say that the prosector is not willing to lower the speed to 15 before trial. Would it be best for me to go to trial, and plead to the JP for a lower sentencing in hopes that they would lower it to 15?


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PostPosted: Sun Jul 25, 2010 12:03 am 
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The JP won't hear your plea for a reduced charge. All they will hear is your guilty plea to the offence you are charged with, which you are able to make submissions as to penalty to. You can ask for a reduction in the dollar amount of the fine, but the speed will be what is on the ticket and the points are non negotiable and are for the amount on the ticket.

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PostPosted: Sun Jul 25, 2010 5:24 pm 
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Wow, didn't know that. I thought I could work with the JP during the sentencing part. I could care less about the fine amount. Im more concerned with the noted speed.

So I pretty much have to take whatever the prosecutor offers then... correct?


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PostPosted: Sun Jul 25, 2010 6:48 pm 
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Either that or go to trial.

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PostPosted: Sun Jul 25, 2010 6:56 pm 
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How lenient are the prosecutors? Is 15 over a reasonable deal?

Is there any strategy in place to get to that number - 15 over?


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PostPosted: Sun Jul 25, 2010 9:23 pm 
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Depends a lot on the individual prosecutor in your region. 29 over to 15 over might be a bit of a stretch, but not inconceivable.

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PostPosted: Sat Jul 31, 2010 1:45 pm 
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Hi guys, my court date was actually on Thursday. Got the dates mixed up but regardless, I was still prepared. This is what happened.

1. Went to court, name was on a list.

2. Waited outside the court room until we were allowed in.

3. Walked up to the prosecuter and made a deal with him. Reduced to 15 over. He actually made the deal. I didn't do anything. He asked me what my name was in a matter of 2 seconds said he would reduce it to 15.

4. The cop still hadn't arrived. The prosecuter said that cases where the cop doesn't show up are automatically thrown out. So you don't even have to enter a plea or not guilty or guilty.

5. The cop eventually arrived. Turns out that they schedule trials based on one officer. That way the cop has to show up. So all the trials that day involve that officer. Makes sense. Therefore, I think people should really abandon the thought of an officer not showing up to court. Unless he is sick or on vacation is the only way you will get lucky.

6. The judge called me up to the stand. I plead guilty and told him I can pay the fine today.

7. My trial was at 9 AM, I was out of the court by 9:30.


So for everyone who is stressed out over a speeding ticket. Don't be.


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PostPosted: Tue Aug 03, 2010 1:32 am 
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^^ Thanks for the update!

Yes, this seems to be what happens on a regular basis...what I have yet to see is a recollection of a case that actually "went to trial" without a "deal" and was stayed/not guilty.


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