Ticketed 89km/hr in a 60km/hour zone (reduced)

kemist
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Ticketed 89km/hr in a 60km/hour zone (reduced)

by: kemist on
Wed Jun 30, 2010 10:36 pm

Cop setup a LIDAR trap just beyond a railroad underpass. The lanes opened up into 3, and he got me just as I was trying to pass some other traffic in the middle 2 lanes (on the right side of the road). He says I got up to 94. He was by himself. I did make a comment to him that I was trying to pass a vehicle.

He took only about 8 minutes to process my info and come back with the ticket. It was fairly quick and i was impressed. He then immediately went back to his LIDAR tripod to resume work, and I left.

It was 2:20pm on the 28th, and this was in Peel. It was a sunny day, and there was quite a bit of traffic going with me on the 3-lane road, but I did overtake and appear in the right lane which is where he 'got me'. It would require him to point his laser towards the underpass, and I'm not sure if that section of road is in-line with his trap, as it curves slightly as it comes out from the underpass (most modern underpasses do).

I did speak with a paralegal for some advice, and apparently the ticket has no flaws, and that this officer is a dedicated traffic cop (only writes tickets, nothing else). I guess he'll show up in court?

** The officer reduced from 34 over to 29 over, and clearly explained for me to pursue option 2, at which time the prosecutor would check with him if he is ok with reducing the charge to 15 km/over (no points), and he clearly said to me he would be OKAY with doing that. This is his exact words. He said he just can't reduce it anymore at the roadside. I must go to court and show REMORSE and the rest will fall into play. When I went to court, I realized he wasn't really accurate, as the court cannot reduce the charge, but only the fine. So really he must have meant option 3, or is there something I am not getting here?


I requested a first-attendance 2 days after the offence, and wondering now if I should cancel that F.A nonsense and just go to trial. Does the JP see that I first requested this? Does it discredit my case if I go to trial? I would do the disclosure and see what this officer has for notes. Since he wrote the ticket so quick, I am wondering if he even made some detailed notes about my offence? I would love to see that before even thinking of the plea-bargain on the day of court.

With disclosure, is there a concrete list of things that should be requested?

Thanks in advance for any helpful replies or advice..

kemist


cruzmisl
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by: cruzmisl on
Wed Jun 30, 2010 11:19 pm

You want to choose option 3, not 2. Pleading guilty with explanation is still guilty. Option 3 will typically generate a first attendance with the prosecutor at which point you can try and plea for 15 over.


kemist
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by: kemist on
Thu Jul 01, 2010 12:58 am

cruzmisl wrote:You want to choose option 3, not 2. Pleading guilty with explanation is still guilty. Option 3 will typically generate a first attendance with the prosecutor at which point you can try and plea for 15 over.
Option 3 is what I filed today at the courthouse.... If I can get 15 over, do you think this is best? Seems silly to not take advantage of the way the court works (review the evidence first, then decide whether to plea).

kemist


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Simon Borys
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by: Simon Borys on
Thu Jul 01, 2010 12:56 pm

First you have to understand that the it's not the officer's decision what happens after the ticket ends up in court. If he's ok with it, it doesn't help you at all. He's not in a position to help you, even if he wants to.

Once you've been given the ticket you can plead guilty with an explanation or set a trail date. In either case, the most you're going to get is a reduction on the dollar amount of the fine, but the speed will remain the same as will the points. In fact, if you take it to a trial the prosecutor can ask that the ticket be amended back to the original speed.

If you request a FA meeting with the prosecutor, there you can discuss pleaing to a lesser charge (such as 15 over). In that case, you get the dollar fine and the points associated with that reduced speed.

Does that clarify things for you?
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


kemist
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by: kemist on
Thu Jul 01, 2010 1:06 pm

Where's ticketcombat dude? I'd love for him to reply... i've read over his site thoroughly..

please reply! :)

thanks.


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by: Radar Identified on
Fri Jul 02, 2010 1:20 am

Haven't heard from ticketcombat in almost a year... :(
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