Wrong gender / wrong set fine - 22km over

Romes
Newbie
Newbie
Posts: 6
Joined: Thu Mar 03, 2011 3:24 pm

Wrong gender / wrong set fine - 22km over

by: Romes on
Thu Mar 03, 2011 5:25 pm

Just discovered this site last week, very informative,

Got caught speeding last March, 22 km /hr over posted 50 km, my very first in 17 years of driving. I didn't think I was going that fast, also thought the speed limit was 60, the officer corrected me right there.

At the time, I also had vision impairment, but did not know I had cataract on both eyes which were surgically removed 3 months later.

My court date was this morning, I requested for an adjournment as I did not know about disclosure until last week.

My ticket shows I am M, but correctly, I am a female. The police officer also cited HTA s. 128 but Penalty 14 (b) does not match his calculated set fine and total payable in the ticket. He used the OCJ table for this. Was he correct? None of this was brought up this morning. I did make the request for disclosure before I left the court house.

My next court date is in June, this year. What are my chances? I turned down the judge's offer of lesser charge with guilty plea. Silly, huh. I hope to keep a clean record.

Thanks in advance for any help sent my way.




Romes
Newbie
Newbie
Posts: 6
Joined: Thu Mar 03, 2011 3:24 pm

by: Romes on
Fri Mar 04, 2011 6:45 pm

Set fine $82.50 / Total Payable $107.50. This is different from HTA guidelines / table.

BTW, I will be picking up my requested disclosure documents next week. I was told it was the only way I can have them.

Thanks for your feedback.




Romes
Newbie
Newbie
Posts: 6
Joined: Thu Mar 03, 2011 3:24 pm

by: Romes on
Fri Mar 04, 2011 10:12 pm

I suppose it will be guilty as charged with demerits on my next court date, Or is there a chance for another deal before the trial? The JP said 'no deal' after he granted my request for adjournment on account of the request for disclosure which the prosecutor refused to provide me a copy of before the court proceedings started. I also found out today that the disclosure was provided shortly after I handed in my request, at which point I had already left the courthouse. I may sound paranoid but I feel like this was done purposely. So, the M instead of the F does not have any impact at all either, just have not seen this raised in any of the postings I viewed. Thanks again.


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Fri Mar 04, 2011 10:38 pm

It's not the JP's decision whether or not there will be a deal. That is between you and the prosecutor. You can schedule a resolution meeting with them before the next set date (if there's time) or meet with them the morning of to discuss a plea, if that's what you'd like to do.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Romes
Newbie
Newbie
Posts: 6
Joined: Thu Mar 03, 2011 3:24 pm

by: Romes on
Fri Mar 04, 2011 11:51 pm

The prosecutor was a mean one. She told the JP at least twice that the delay was mine. My next set date starts at 9 a.m., will it be proper to contact the prosecutor before the set date, potentially for a deal?

Also, before the speeding ticket, I did not know what Option 3 meant. When I told the officer it was my first speeding ticket he said, 'I know, just choose option 3 and you'll be fine (reinforced by a hand gesture which typically meant and I read as "Oh, don't worry"). Was he correct in leading me to choose this option although he did not explain the options within Option 3, which I found out later on.

If I sound desperate, I am, to keep my record clean. Thank you.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Sat Mar 05, 2011 6:10 am

Romes wrote: The JP said 'no deal' after he granted my request for adjournment on
Which means that your matter has been completed for today and even if you make a deal sometime later during the day with prosecutor, it can not be brought before the court on this same day
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Sat Mar 05, 2011 6:19 am

Romes wrote:Also, before the speeding ticket, I did not know what Option 3 meant. When I told the officer it was my first speeding ticket he said, 'I know, just choose option 3 and you'll be fine (reinforced by a hand gesture which typically meant and I read as "Oh, don't worry"). Was he correct in leading me to choose this option although he did not explain the options within Option 3, which I found out later on..
and do tell what this gesture is....I have no clue what a "dont worry" gesture is

think the officer told you more than most would say anyway.
Most is are likely to say something like:
- there are 3 options on the back of the offence notice, read them carefully and respond within 15 days
- there are 3 options on the back of the offence notice, plead guilty, plead guilty with explaination or ask for a trial, read them carefully and respond within 15 days
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sat Mar 05, 2011 3:06 pm

I think that you should be able to plead this down to 15 km/h over. You could try calling their office to see if they want to resolve it in advance.
* 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


Romes
Newbie
Newbie
Posts: 6
Joined: Thu Mar 03, 2011 3:24 pm

by: Romes on
Sat Mar 05, 2011 3:39 pm

This still means I plead guilty which will go on my clean record, does it not? Will this give me demerit points too if I did?

And then there's my insurance which is up for renewal next month.

Thank you for all the feedback. Regardless of the outcome of my case, you guys have all been great in your advice and comments.


Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Sat Mar 05, 2011 5:24 pm

Yes, insurance companies typically look at all convictions, regardless of demerit points. That being said, a speeding conviction of 22 over would likely be considered a minor conviction. Most providers overlook your first minor conviction. If you get two or three minor convictions, then you could be looking at a rate hike of 5-10%. Major convictions (careless, fail to remain) are when your insurance rates go through the roof. Check with your provider to be sure.

Edit: And to answer your question, 15 over (or less) does not carry any demerit points.


Post Reply
  • Similar Topics

Return to “Exceeding the speed limit by 16 to 29 km/h”

Who is online

Users browsing this forum: No registered users and 1 guest