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.
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?
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...
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...
* 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
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,
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?
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.
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
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,
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?
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...
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
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…
So I got this ticket because the lady behind me was WAY too close and I had to back up before getting hit by another car and dented her bumper.
Offense is stated as follows: Start from Stopped position - Not in Safety
Highway Traffic Act 142 (2)
First of all, I don't really know what that means and if it says that I was not in safety (which I wasn't) why am I getting a ticket? And why didn't the…
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly reached into my bag to grab a lip balm. I noticed I had brought the wrong one so I just kept it out and…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear, there was no upcoming vehicle. So slowly I made the left turn. Suddenly a small car dashed up from…
First off, the most similar case and HELPFUL thread has y far come from neo333: a great read and very similar and relevant to my case and of course ticketcombat.com
I'll cole's notes this so that it can be concise and can recap my experience with disclosure, notes and failed stay request and adjourned court date. Thank you for reading and leaving your opinion.
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I was in a light collision with a police vehicle last November and will be having a trial by the end of the month. What happened was I was pulled over. I stopped and kept my right signal on. The cop car then tried to pull behind me when he was on my left but 2 cars pulled behind me. The cop wasn't too smart and instead of waiting for the two cars to pull away, he drove forward and boxed all the…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a ticket in the mail. The ticket is under my name as the registered owner: charged with Fail to Stop for…
I have just got a ticket (Fail to yield on through highway) and by the way it's me first ticket and this is how I got it.
Me driving in a residential neighborhood maybe 10-15 km/h approaching a stop sign completely stopped at the stop sign started moving again turning right and out of nowhere I was hit by this van. he went directly to the driver's side fender,wheel, and bumper. Since it was my…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true…
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
I left my home at 4 am to pick up my daughter from downtown Toronto. When I passed the major intersection south of my house there were two police cars in the middle of the intersection and one officer waved me through the intersection.
When I returned with my daughter at 5:30 am the police cars were still in the intersection. I slowed down as I approached the intersection but the police were no…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
When the court sends out the notice of trial, do they use the address the officer wrote on the ticket, or the actual address in the MTO database? In the case of the former, what are the implications? The reason I ask is that my wife got a ticket last week and the officer wrote the wrong city on it.
This topic discusses the same thing but with CN police; is it any different for regular offences?
Driving onto ramp entering a major highway, posted limit is 100km/h, suggested ramp limit is 40km/h - I end up colliding with the concrete barrier on the passenger side of the vehicle.
Police arrive, suspect alcohol and breathalyze me with a result of 0.00 - I am asked for a statement and cautioned, however (stupidly) I proceed to provide the details anyways.
My friends and I were heading to Kelso Beach, I had signalled and i pulled off to the shoulder as my car seemed to be making noise, but after riding over the shoulder the noise stopped, i signalled back again and merged back into traffic after making sure it was safe, the officer which was ahead of me on the shoulder a few meters away pulled me over.…
I've decided to fight a traffic ticket for stop sign violation. The offense was 12 months ago, and I've got a court date for next Tuesday. I've requested disclosure and, although a bit last minute, received it two weeks before my court date.
Upon reviewing the case materials, there isn't much of a defense I can find -based on the cop having an obstructed view, or any mistakes in the…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I'm a newbie, so be kind if I'm messing up. Question: is it illegal to signal oncoming traffic that they are approaching a speed trap by flashing one's lights?
I ask because I was stopped for doing that yesterday evening, but did not end up with a ticket. The officer spend 5-10 minutes n his car, then sent me on my way. I'm wondering if he changed his mind or found out it was legal.
ok well here is my story .. I had an old megaphone from alarm system and decided since my horns on my car were rusted and were not making a loud enough sound.. i connected the alarm megaphone to the horn wires and it sounded very cool. depending on how log i hold my horn down for . due to the size of the power horn.. and mhy car being a Honda.. meaning no room under the hood i had installed it…