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Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


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Re: hey back again
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PostPosted: Sat Nov 29, 2008 6:23 pm 
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bountywolf wrote:
hey guys, back again.. court date is coming up quick :(


So i got some questions and loking for some answers :D

So in my situation if the cop doesnt show up... what can i do.. how can i avoid having the trial rescheduled. and if i say not innocent and the cop isnt there how can i go about it



the next thing is when the cop shows up can i talk with them to reduce the fine hopefully 15km or under


thanks alot



Maintain your innocence. If the judge asks your permission to reschedule, you have to say that you respectfully decline based on the grounds that you have already been in court once, and this is costing you time and, by virtue of work missed, money. Then you motion for the case to be stayed.

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"The hardest thing to explain is the obvious"

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alright guys, tommorw is the day
PostPosted: Wed Dec 03, 2008 3:11 pm 
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Hey back again... will update with the outcome of the trial for sure..


But for some assurance.... When i go to court and if the cop doesnt show up.. (since i have picked no to challenege the evidence of the officer) can i still ask for the case to be thrown out? or will i have to fight it against " officers statements"

I revieced the notice of trial in mail, and it cleary states "this is to confirm that you want to challenge the evidence of the officer"


I woul really like to have teh case thrown out if the cop doesnt show up, but i think that they will use my mistake against me..
please reply asap

need all the help i can get

thanks alot
J


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PostPosted: Wed Dec 03, 2008 11:28 pm 
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If the officer does not show up, the Crown essentially has no evidence. They have no witness, really nothing. So yes, ask for it to be dismissed.

Just to verify... in your post above you said that you selected that you do not want to challenge the officer but then you got a notice saying that "this is to confirm that you want to challenge the evidence of the officer"... is one of them a typo? Or was the notice of trial that you received written that you DO want to challenge the evidence?


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hey
PostPosted: Thu Dec 04, 2008 12:08 am 
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On the original form i had picked no instead of yes to challenge the officer..


But when i recieved the notice of trial.

it states
" This will confirm that you have chosen to challenge teh evidence of the provincial offences officer."

which is what i should have picked in the first place

So i hope that they wont mess me over for picking the wrong option.

Times counting down... taking all advice guys

thanks alot


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Back from court
PostPosted: Thu Dec 04, 2008 1:12 pm 
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Hey guys, got back from court....
didnt go as planned.

Cop showed up..........
Prosecutor would not budge from 119km, i was stuck with 3 points, no way around it


so i really had no other choice. (other than fighting, but im sure i would have lost)

really sucks :cry:


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PostPosted: Thu Dec 04, 2008 3:30 pm 
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Sorry to hear it didn't go as planned. Did you get 129 or 119? If you got 119, your insurance company, depending on who they are, won't hit you with a huge increase. They might not increase your premiums at all. Getting 10 km/h knocked off the charge also saved you a little bit of money in the short run, and may have saved you from an insurance increase ranging from $50 to over $200 per year. 25 or less over usually has a modest increase, but 26 or more over is usually much steeper, and 45 or more over REALLY cost$ lot$ of dollar$. So while the demerit points stay, you probably saved yourself a lot more money than if you'd paid the ticket.

3 demerit points isn't too bad. I've had that many on my record before. No biggie. At 6, the Ministry sends you a nastygram telling you to watch your driving behaviour. The points stay on your record for two years, the conviction on your abstract for three years. If you get 9 demerit points or more, you get a nasty interview. At 12 demerit points, your licence gets suspended.


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look at the bright side
PostPosted: Thu Dec 04, 2008 3:52 pm 
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You went from 146km/h over to just 119 km/h over without even putting up a fight. That's pretty good on any day! Radar Identified is right. The insurance and penalty are much smaller than what you were originally facing.

All things considered, no disclosure, no fight, it may not be apparent to you now but you did really well.

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thanks alot guys
PostPosted: Thu Dec 04, 2008 4:08 pm 
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well, it is definietly a saving when compared to the orignial charge.. and its brought down to a point where its not as big

thanks alot for all the advice/guidance on what i should do..
Regards the disclosure.. i would have required to pick it up @ peterborough but wasnt really an effective idea.

oh wel...... time to go for my G :D
thanks once again


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quick question
PostPosted: Thu Dec 04, 2008 4:13 pm 
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so what happens when the prosecutor wouldnt have given me the 115km, was there anything else i could have done to get him to change it from 119 to the 115km ?

could use the tips for future reference

thanks once again


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PostPosted: Thu Dec 04, 2008 4:26 pm 
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Dropping the extra 4km/h isn't that much more. The only thing I can think of is that they REALLY did not want you to get away without some demerit points. Did you dress up? Did you show respect? Did you use any of the arguments I suggested above (showing remorse, sincere apology, distance traveled, etc.)?

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PostPosted: Thu Dec 04, 2008 4:37 pm 
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Hey man, there was 4-5ppl with the same situation 15+ and the prosecutor would not let it go past 19.. i guess they really wanted to give us points

I had dressed up, giving a apology, asked for 115km plea, after that he didnt really let me get into the distance/time i spent on it, he was set on the 119km

:(


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Re: quick question
PostPosted: Thu Dec 04, 2008 7:26 pm 
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bountywolf wrote:
so what happens when the prosecutor wouldnt have given me the 115km, was there anything else i could have done to get him to change it from 119 to the 115km ?

could use the tips for future reference

thanks once again


From the little knowledge I have, don't stand there and give them the finger....nope, don't do that. However, try to show that you are trying to speed things up, that does help. Show them a whack of paperwork and tell them it's evidence, it might help the plea bargain....

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Re: quick question
PostPosted: Thu Dec 04, 2008 9:16 pm 
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Reflections wrote:
Show them a whack of paperwork and tell them it's evidence, it might help the plea bargain....


Cute...add to that...bring in couple highschool binders from the old days, don't even open them (as it's just the old geography and art class notes anyway) :lol:

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Re: quick question
PostPosted: Fri Dec 05, 2008 1:47 pm 
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hwybear wrote:
Cute...add to that...bring in couple highschool binders from the old days, don't even open them (as it's just the old geography and art class notes anyway) :lol:


But make sure you clean it first, taking off all dust and cobwebs. :D


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Re: quick question
PostPosted: Sat Dec 06, 2008 10:22 am 
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hwybear wrote:
Reflections wrote:
Show them a whack of paperwork and tell them it's evidence, it might help the plea bargain....


Cute...add to that...bring in couple highschool binders from the old days, don't even open them (as it's just the old geography and art class notes anyway) :lol:


The last time I was in court everyone was quick, quick. Even when the "trial" was happening, the JP complained about time.......in the court system, it's all about time.

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