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Ontario Highway Traffic Act

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So many questions...HELP!
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PostPosted: Tue May 19, 2009 10:23 pm 
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I got a speeding ticket yesterday. He told me I was doing 78 in a 50 zone. I actually thought I was in a 70 zone (the zone changes around that area) but didn't tell him that. Anyway, I got a ticket but all he wrote on it was "speeding". He didn't put how fast I was going and in what zone. (i.e. 78 km/h in a 50 km/hr zone). Is this an error that I can use to fight the ticket? He did say that he lowered it or it would have been $200. He also nicely pointed out there were options on the back like going to court. He wasn't being a jerk. I know he was just doing his job.


I had a ticket once about 18 years ago and just paid it; I knew there were no points involved. I just sucked it up. Now I am worried about points. I did ask the officer if I would lose points and he couldn't tell me but said if so it wouldn't be more than three. How do I know if I'll lose points. I am worried about my insurance going up.

I have never been to court before. I am terrified to go but I want this off my record and don't want my insurance to go up.

Can they tell if a car has been pulled over before for anything? I was pulled over about a month ago for speeding but was let off (I know, I know, how dumb to do it again!). At that time, the officer came to the car and almost immediately upon seeing me (wearing hospital scrubs) called in on the mike on his shoulder to "cancel that plate". He didn't ask for my license or anything. Just let me off with a warning. (You'd think I'd be smarter by now! I set the cruise control this morning on my way to work!)

The ticket says "set fine" $75; "total payable" $95. How do I know what I am being charged for?

Any help would be greatly appreciated.


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Re: So many questions...HELP!
PostPosted: Tue May 19, 2009 10:29 pm 
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Location: Orillia
Demerit points have nothing to do with how insurance companies calculate your rates, so you don't have to worry about that. They treat all speeding tickets under 49 km/h over the same way. There are only a handful of convictions that they count as 'major' (speeding under 49 km/h over is 'minor,' more than 49 km/h over is 'major') which will cause your rates to skyrocket. Most companies should allow you one or two minor convictions over an otherwise good record.

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PostPosted: Wed May 20, 2009 8:57 am 
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There should be a section listed, it looks like (S.128). However there are specific fines for the amount over the limit. If your measured speed and the zone are not on the ticket you could beat it with some research. If you don't feel comfortable arguing this in court you could also use a paralegal like X-Copper, for example. Usually the consultation is free and the fees might be $150 to $200 for something like this. Look over this forum, you'll find lots of info. Ticket Combat has a site that is step-by-step and accurate.....http://www.ticketcombat.com

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PostPosted: Wed May 20, 2009 11:34 am 
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Although the officer specifically said "Speeding" on the ticket, he didn't say by how much. It's pretty close to a "fatal error," so you should be able to use it to fight the ticket. The reason being, a missing offence is a fatal error which should void the document. It seems like he meant to reduce it to 70 in a 50 zone. Without the speed, you also can't know if the fine amount is correct, which could be another fatal error on the ticket.

X-Copper could fight it for you, although see if they will get it reduced to 15 km/h over the speed limit or get it thrown out completely. If they're just going to get it reduced to 15 over (which is 0 demerit points), you may as well fight it yourself. You can plea-bargain with the Prosecutor if you want it reduced. Most insurance companies will give you the same increase at 15 over or 20 over, so it doesn't matter; BUT, a few of them will let one or two tickets at 15-over go, whereas 16 or more over starts to net premium increases. It really depends on your company.

There is nothing to worry about going to court. They are obligated to assist you if you're fighting the ticket yourself, meaning they'll tell you when you can ask questions, if you introduce any evidence they'll help you do it, they'll tell you when you can do things, and so on. The only thing they won't help you with is your defence. The main thing is to be polite and respectful, but I highly doubt you'll have any issues with that. One trial I watched had a defendant plea-bargained to a lesser offence but wanted a lowered fine; she was scared, but the JP said: "You have nothing to be afraid of. This is the people's court." She asked for the fine to be lowered because "I have never been to court before." The JP paused: "Well... I need a reason like money troubles or personal hardship, madam." He gave her an opportunity to try again, and she explained that she had just lost her job, so he reduced the fine to $15. As Reflections was explaining, ticketcombat's website will give you a guide as to how to act and what to do.


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PostPosted: Thu Jun 11, 2009 9:56 am 
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Is there even a need to "argue" this in court. A ticket without a specific charge is invalid (fatal flaw), is it not?

"Speeding" is not an offence if the actual speed is not stated.

I think this would be thrown out immediately.


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