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Speeding at 86 km/hr in 70 km/hr zone.
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PostPosted: Sun Jan 03, 2010 10:55 pm 
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Hello friends,

Today i got my first traffic (speeding) ticket in ON for driving since last almost 2 years.

I was speeding at 86 km/hr in 70 km/hr zone. I got ticket of $55. There was a down hill which i beleive might caused this speeding.
Anyways, l know speeding above 15 would cause 3 demerits points and in this case i was 16 above, just 1 km extra.

What is my best course of action? Ideally I would like to have the charges dropped so that my insurance doesn't take that hit. But I'm also concerned of my demerit points situation. Is there anyway i save my points? Is it possible in my case?

In addition, should i choose to engage the services of a lawyer?
How much would be the normal standard charges for the lawyer?

Thanks for your reply much appreciated.


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PostPosted: Sun Jan 03, 2010 11:31 pm 
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Location: Toronto
If you're worried about the demerit points, you can always plea bargain to 15-over. With 16 over, that should not be a problem. BTW, just to be sure, the officer didn't reduce the speed, correct?

Getting a lawyer probably isn't necessary, same for a paralegal. Price? Don't know, you'd have to check with them. If you want to find out, there's a form to fill out at the bottom of the page for a no-obligation quote.

As for getting the charge dropped, you or a paralegal (if they're willing) could try to fight it all the way. Outcomes are usually mixed and most people end up plea-bargaining with speeding cases. The first step to fight it, if you choose not to go with a paralegal, would be to send it in requesting a trial and check that you do want to challenge the officer's evidence (officer present). Then, once you get a trial date, you'd put together a disclosure request.

Keep us posted...

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Mon Jan 04, 2010 11:32 pm 
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Thanks for your prompt reply!

No, the officer didn't reduce it. I didn't know that speeding below 15 would not cause any demerit points otherwise i would request him to reduce it. I checked it later about it.

Anyways, i will go with a trial (option 3).
In addition, my friend told me that on my trial day specially in my case (speeding 16 above) the prostecutor will offer me an default option of reduced fine and no demerit points, is it true?

Regards,


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PostPosted: Thu Jan 07, 2010 8:41 pm 
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nayyarmukul wrote:
In addition, my friend told me that on my trial day specially in my case (speeding 16 above) the prostecutor will offer me an default option of reduced fine and no demerit points, is it true?


Yes it is. I don't see why the Prosecutor wouldn't reduce the charge to 15 over, which would be $52.50 and 0 demerit points. It may also not affect your insurance, depending on your provider. Some forgive one or two minor speeding tickets (15 over or less), others don't, but either way it shouldn't be any more than a marginal increase in insurance, if anything.

Show up early on the trial date and speak with the Prosecutor... or they might even offer you a First Attendance meeting where you can reach a plea-bargain out of court.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Thu Jan 07, 2010 10:03 pm 
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Thanks for your reply!

This "First Attendance meeting" or "plea-bargain" would be held on trial day only? In addition, could you please give me some details on it? Like what could i be offered in it and?

Regards,


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PostPosted: Thu Jan 07, 2010 10:45 pm 
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Some places offer "First Attendance," some don't. When you file the paperwork, they'll sometimes send you a notice of First Attendance. This would usually be a month or more in advance of an actual trial, if one is going to occur.

First Attendance is just a meeting between you and the Prosecutor to reach a resolution and not go to trial. The advantage of this is, if you want to plea-bargain, this gets it out of the way. Conversely, you can't "change you mind" down the road and you would lose a chance to win completely - if that is your goal. It all depends on what you want to do. They may ask, at the outset, "what are you looking for?" If all you're looking for is 15-over, tell them and you should be good to go... or you could try to low-ball them and negotiate to what you really want. They might say "we're prepared to offer you this..." Different approach, same result. Like police officers, though, they deal with a lot of really ornery and ticked-off people, so if you walk in there polite and reserved, it will go a LONG way.

If you're determined to win your case completely (not saying that you are), then the only thing to do at First Attendance is go "I'm not guilty, drop the charge," end of meeting.

If First Attendance is not offered, no big deal - just show up early on your trial date and speak with the Prosecutor. The earlier, the better.

Hope that helps...

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Thu Jan 07, 2010 11:26 pm 
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Thanks for your help/suggestion, I will keep you posted.

Regards,


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