Hello, I got a ticket today which was reduced to '15 over' (no points). I think the actual speed was 70-something in a 50 (speed trap on a main road during rush hour...grr...) I called a traffic ticket hotline thing and asked them some questions regarding fighting the ticket. They said that because the ticket was reduced, it is not worth fighting because if I lose, the prosecution or the officer can re-write the ticket in the original amount - in otherwords if I chose to fight this 15-over ticket and lose, they can give me a much higher ticket with 3 points. Can anyone verify this claim? If anyone knows the answer and can back it up with documentation that would be great..I don't want to take any chances with this as points on my license would really mess me up. Thanks!

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When fighting a ticket, can they do this...?

by: apparently_speeding on

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FiReSTaRT
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Re: When fighting a ticket, can they do this...?

Request trial, when you receive your trial notice, request disclosure. If the trial is more than a year from the offense date, you stand a good chance of getting off on 11b. If you don't receive the disclosure, at worst you get your case adjourned (thus boosting your chances of 11b) and at best you get it dismissed. If the cop doesn't show up, you get your case dismissed. If you get the disclosure, the court date is within a "reasonable" amount of time and the cop shows up, when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 8)

Request trial, when you receive your trial notice, request disclosure. If the trial is more than a year from the offense date, you stand a good chance of getting off on 11b. If you don't receive the disclosure, at worst you get your case adjourned (thus boosting your chances of 11b) and at best you get it dismissed. If the cop doesn't show up, you get your case dismissed. If you get the disclosure, the court date is within a "reasonable" amount of time and the cop shows up, when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 8)

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
apparently_speeding
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Re: When fighting a ticket, can they do this...?

Will I get a chance to say that before the judge makes a decision as to whether or not to accept the prosecutor's request?

FiReSTaRT wrote:

when they ask you how you plead, just say "guilty your Worship" and they can't amend the charge 8)

Will I get a chance to say that before the judge makes a decision as to whether or not to accept the prosecutor's request?

pch2004
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Re: When fighting a ticket, can they do this...?

The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how trials proceed.

The prosecutor can't request an amendment unless you plead "not guilty" and proceed to trial. So, yes -- you will be able to plead "guilty" before they have the opportunity to amend the charge. Might be a good idea for you to go to court one day and observe a trial. It helped me to understand how trials proceed.

OTTLegal
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11B Applications

Here is the information about doing an 11b application. You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information. The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.

Here is the information about doing an 11b application.

You have to prepare the application, file it properly, then argue it to the court against the prosecutor. Here is a link giving more information.

The delay has to be the fault of the prosecution, so you cant remand your case creating a delay, then try to argue an 11b application.

Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal

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