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Ontario Highway Traffic Act

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27 over speeding ticket in Barrie ont
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PostPosted: Thu Apr 27, 2017 9:58 pm 
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Joined: Thu Apr 27, 2017 9:44 pm
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i got a speeding ticket yesterday for 27 km over on a rural road in Barrie Ontario, i was passing a truck and in order to pass him safely i had to speed up the speed limit was 80 but i "clocked in at 107" i know i didn't go faster than 95 maybe 100 and my boyfriend was beside me and agrees. I went to the Barrie office today to request a trial i was told i will receive a court date in the mail.
two questions
i will be asking for my disclosure and seeing what evidence the officer has against me, if i feel like i am gonna make a fool of myself at the trial can I still meet with a prosecutor and at least get my charge lowered?
will i have that option for an early resolution at the trial itself or should i contact the court before then and ask?

the ticket has 3 options
1.plea of guilty- voluntary payment of total
2.plea of guilty-submissions to penalty
3.go to trial and plead not guilty


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Re: 27 over speeding ticket in Barrie ont
PostPosted: Fri Apr 28, 2017 9:11 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Unless you have a valid reason that the ticket totally is bogus (in this case you don't), I find early resolution to be a waste of time as you still need to show up for trial anyways to get the fine lowered, so it means two days off instead of one. At trial, you can still meet with prosecutor before the trial starts and discuss a plea bargain.

Did the officer lower the speed down at all, or give you full amount of 27 over? If officer already lowered the speed, then the prosecutor will probably not give you a better deal. If the officer did NOT lower the speed, then the prosecutor MIGHT give you a better deal (maybe 15 over maybe 20 over, something like that) although they have no obligation to over you any kind of deal.

If the prosecutor won't give you a deal, then you could go to trial and both you and your boyfriend could testify to your speed. You will DEFININTELY be found guilty of at least the 95 or 100 if the JP believes both you and your boyfriend. If JP does not believe you then will end with the 27 over charge (so no worse off than you are now).

Since your testimony at trial will be that you were speeding, but at a lower rate, if you and your boyfriend show up to court and talk to prosecutor before hand and explain that both of you will testify to that, then most likely the prosecutor will agree to a lower rate rather than waste time with a trial. Again, no promises, but that is the most likely outcome.

Remember though that a 0 demerit 15 over speeding charge can still cause your insurance to go up.

Anyways you should plead NOT GUILTY, and request a trial with officer present. Once you get your notice of trial, you can request disclosure (copy of officers notes, device used for speed measuring). You really need to see the notes before we can decide if there is a way to beat the ticket or not.

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


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Re: 27 over speeding ticket in Barrie ont
PostPosted: Fri Apr 28, 2017 1:19 pm 
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Joined: Thu Apr 27, 2017 9:44 pm
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he didn't lower it at all, he gave me the ticket for 27 over


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Re: 27 over speeding ticket in Barrie ont
PostPosted: Fri Apr 28, 2017 2:06 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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stephaniefreitas321 wrote:
he didn't lower it at all, he gave me the ticket for 27 over


Okay so that is good as the prosecutor may be more willing to reduce it. Again, get disclosure first and read the officers notes and then you can decide if you want to fight it, or try to plea deal to a lower amount. There is no downside to pleading not guilty and asking for disclosure, as you can just pay the fine anytime up to the trial date anyways, and even if you go to trial and lose the amount is essentially the same.

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


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