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Ontario Highway Traffic Act

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Should I fight it?
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PostPosted: Tue Apr 19, 2011 10:54 am 
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Joined: Tue Apr 19, 2011 10:40 am
Posts: 2
I got pulled over on the weekend for aledgidaly doing 70 in a 50 zone, I don't believe I was going that fast. The officer reduced the ticket to 10km over witch is a $40 fine and no points, it was at night and a similar vehicle infront of me was still pulling away from me while driving so I assumed the cop pulled out to pull the over car over so I pulled off to the side to let him by, at that point the other vehicle kept going and the cop stopped behind me. What do you think I should do, this is my first ticket

Thanks


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Re: Should I fight it?
PostPosted: Tue Apr 19, 2011 1:49 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It's completely dependent on how much time and resources you want to invest in the matter, and also how certain you are that you weren't speeding and can prove this to the Courts. Many speeding tickets are won on technicalities, so you can check your ticket for fatal errors. Next step is typically to request disclosure and see what the evidence against you is.

Just be aware if you do decide to go all the ways to trial, the Crown will most likely raise the speeding ticket back up to the full amount (20 over) which would result in a higher fine and demerit points on conviction.


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Re: Should I fight it?
PostPosted: Tue Apr 19, 2011 2:14 pm 
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Joined: Tue Apr 19, 2011 10:40 am
Posts: 2
That's what i thought, reading through other threads here i noticed that in most cases when the officer reduces the ticket an "R" is placed in the "Code" section of the ticket. On my ticket the section is blank, i don't know if that helps in anyway or if its just a print error on the ticket and is in the system as reduced.

thanks


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Re: Should I fight it?
PostPosted: Tue Apr 19, 2011 2:26 pm 
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Joined: Mon Apr 11, 2011 8:37 pm
Posts: 11
Fight it! At least you will delay the moment when the ticket gets on your record. Second, if there are other cars around at night, it is quite easy to create reasonable doubt about which car was speeding.


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Re: Should I fight it?
PostPosted: Tue Apr 19, 2011 3:12 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Bluebird wrote:
if there are other cars around at night, it is quite easy to create reasonable doubt about which car was speeding.

Not true at all. You'll want to check disclosure and get further details. If it was a major highway, heavy traffic and they observed you from a long distance off, you might have an argument. If it was regular road, light traffic, then telling cars apart with radar/laser is pretty straightforward.


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