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Ontario Highway Traffic Act

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Need help/advice for ticket 22km/h over, early resolution
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PostPosted: Mon Oct 26, 2015 6:25 pm 
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First, thanks for this great forum and all the advice I see you guys have given to other people.

I got a ticket for going 72km/h over in a 50km/h zone. I was driving my wife's car and have no previous tickets or even been pulled over in over 10 years. I am thinking of option 2 on the ticket, early resolution. My main concern is if the insurance will go up, I am an occasional driver on her car and do not own a car myself. One of my questions is, since the court that is listed under option 2 is close to me, can I go in person to request ER, or do I need to mail in the ticket?

Also,
1) What should I expect at the ER?
2) If I don't like it, and then choose a trial, can I still do that?
3) If I later choose trial, and then want to reconsider and take a deal, do I still have that option?
4) My wife's insurance is due for renewal in January, if I choose a trial, and wait until she renews her insurance, and then take the deal, will that be more likely that her insurance will not go up, since they will have just checked our records and nothing was there?

Your insight and advice is greatly appreciated.

Oh, and lastly, not that anyone here might care, but I thought that the 3 lane road that I was on was a 60km/h zone, and I sped up to pass a city bus that was drifting into my lane. Although I've heard that they may not care what the reason was.


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 1:01 pm 
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I suggest you plead NOT GUILTY and request a Trial with the officer present. Once you get your notice of trial, then request disclosure. Once you get disclosure (this is the evidence they have against you) and have read it THEN set up a meeting with the prosecutor to discuss early resolution.

You could do early resolution first and then request a trial if you don't like what happens at the meeting, but I would suggest it is better to get disclosure first and know what the evidence is against so you can make a more informed decision when meeting with the prosecutor.

A speeding ticket, even with 0 demerit points, can still cause your insurance to go up. If you are listed on her policy, then yes it can affect her insurance. The ticket will not appear on your record until you are found guilty, which would most likely be after January.

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+++ This is not legal advice, only my opinion +++


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 1:11 pm 
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If I was not listed on her insurance, would her insurance still go up? I know when you lend a car, if someone gets in an accident it would affect your insurance, but does lending to someone who speeds do the same thing?

Also, if i go and ask for trial, how would I set up a meeting with the prosecutor afterwords? Just call the court house/ go in person?

Thanks


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 1:45 pm 
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If you live at the same residence, I believe you are supposed to be listed on her insurance. But I honestly don't know much about the insurance side or how that all works. I do not know whether your ticket will affect her insurance. If there was an accident, then the insurance company would obviously be notified and would know about it. But do they get notified of a speeding ticket? I don't know!

For meeting with prosecutor, you could try just showing up but they will probably want to set a time for meeting so calling might be better (unless you live close to prosecutors office).

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+++ This is not legal advice, only my opinion +++


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 1:50 pm 
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mikec wrote:
If I was not listed on her insurance, would her insurance still go up? I know when you lend a car, if someone gets in an accident it would affect your insurance, but does lending to someone who speeds do the same thing?


No, her insurance would remain the same. In the case of an accident, there would likely be a claim. Technically, you're supposed to notify your insurance company either way. That's how your insurance would be made aware. At that point, they charge the accident to the policy holder even if they weren't driving.

With a speeding ticket, the provider would be made aware after a check individual abstracts. If you're not on the policy, they would never know. If you leave the policy, your wife's rates may improve.

That being said, one of the reasons you're listed as an occasional driver on your wife's policy is because (I assume) you live the in the same household. Anyone with a drivers license in your house is going to need to be listed as an occasional driver. If not, you're going to need to fill out a form saying you will never drive the vehicle. A friend borrowing the car in an one off event is not the same if that said friend also lived in the house. So if you're thinking of leaving the policy and simply "borrowing" the car, that wont fly with the provider. If you fill out the form and continue to drive, you're driving without insurance.


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 2:01 pm 
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just to answer your questions, not advise, just from my own expereince
I assume you where doing 72 in a 50, not 72 over (Thats bad)

mikec wrote:
First, thanks for this great forum and all the advice I see you guys have given to other people.

I got a ticket for going 72km/h over in a 50km/h zone. I was driving my wife's car and have no previous tickets or even been pulled over in over 10 years. I am thinking of option 2 on the ticket, early resolution. My main concern is if the insurance will go up, I am an occasional driver on her car and do not own a car myself. One of my questions is, since the court that is listed under option 2 is close to me, can I go in person to request ER, or do I need to mail in the ticket?

Also,
1) What should I expect at the ER?
they ask you why you speeded, no reason will be good enough, they ask if you will plead to a lesser charge, i.e. next band down, if there is one, maybe 10 over
2) If I don't like it, and then choose a trial, can I still do that?
yes you can
3) If I later choose trial, and then want to reconsider and take a deal, do I still have that option?
I believe at anytime before the trial starts you can, once the trial starts all bets are off,
4) My wife's insurance is due for renewal in January, if I choose a trial, and wait until she renews her insurance, and then take the deal, will that be more likely that her insurance will not go up, since they will have just checked our records and nothing was there?
the ticket should not effect your wife's insurance, we have 2 cars, my wife's tickets are her own and visa versa, when they run a abstract it is on THE DRIVER you will have a ticket and whatever she has, you only need to tell the insurance WHEN/IF you get a conviction , not before, don't lie to any questions asked


Your insight and advice is greatly appreciated.

Oh, and lastly, not that anyone here might care, but I thought that the 3 lane road that I was on was a 60km/h zone, and I sped up to pass a city bus that was drifting into my lane. Although I've heard that they may not care what the reason was.

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 2:06 pm 
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do you have dashcam?
that you could only submit at trial , not ER, although they may listen to the reason, chances are they wont do anything

they wont care, speeding is a (forgot the word) finite (?) you either where or where not
even 1kmh over is speeding

IF your life was in danger, you where going to hospital with somone with a gun shot, you feared for your life
(and you had proof)... even then you possibly you'll still get done :roll:

mikec wrote:
Oh, and lastly, not that anyone here might care, but I thought that the 3 lane road that I was on was a 60km/h zone, and I sped up to pass a city bus that was drifting into my lane. Although I've heard that they may not care what the reason was.

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Tue Oct 27, 2015 4:21 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
Absolute Liability


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Wed Oct 28, 2015 10:42 am 
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Joined: Mon Oct 26, 2015 6:09 pm
Posts: 12
Wow thanks for all the help everyone, and all the info about insurance. The follow up with a few things,

Yes we live at the same house, thanks for the info there Bend. And we only have 1 car though.

Bobajob, yes it was 72 in a 50, not 72 over, I just caught that haha. And yes I do have a dashcam, I'm looking over the footage to see how it looked that night.

So I guess I'll go and request a trial, then get disclosure, then depending on what I see (I'm sure I won't get out of it, it was a speed trap so I assume the officer will show up, as opposed to getting pulled over by a random officer driving around), then call the court and ask for ER.

For disclosure, does each court have a certain way of asking for it, should I ask when I go in person to request a trail what the best way to request disclosure is? I heard some need to be mailed, and some just phoned?


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Wed Oct 28, 2015 12:26 pm 
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You want proof that you asked for disclosure.

So you can send it registered mail (expensive), or you can fax it and keep copy of FAX SENT OK report, or you can drop it off in person and get a copy stamped for your own records.

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+++ This is not legal advice, only my opinion +++


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Fri Oct 30, 2015 4:06 pm 
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Joined: Mon Oct 26, 2015 6:09 pm
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I just went and requested the trial. Do I submit my request for disclosure now, or wait until I have gotten a notice for trial?


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Sat Oct 31, 2015 3:50 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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Wait until you get your notice of trial.

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+++ This is not legal advice, only my opinion +++


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Sun Nov 01, 2015 10:02 am 
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Posts: 504
thats it
txs Screech :)

screeech wrote:
Absolute Liability

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Thu Jan 07, 2016 1:02 pm 
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Joined: Mon Oct 26, 2015 6:09 pm
Posts: 12
Just got my notice of trial for July. I looked up on the Toronto court website at http://www1.toronto.ca/wps/portal/conte ... d60f89RCRD and it seems a bit confusing mentioning Part I or Part II or Part III. My court is the one on Markham Road, can I fax my request for disclosure to the fax number listed for that court at the bottom of the page I provided?

And what is the best way for me to request disclosure? I have seen a few examples on here, not sure which ones to use.

Thanks everyone


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Re: Need help/advice for ticket 22km/h over, early resolutio
PostPosted: Thu Jan 07, 2016 1:16 pm 
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I like to use fax method for everything because it is fast and cheap.

I just print out the "fax sent ok" report as proof I sent it.

If you dont have real fax then google "send free fax" there are several sites that will let you scan your letter and then upload it to them and they will fax it for you.

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+++ This is not legal advice, only my opinion +++


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