Pretty self-explanatory, I was caught doing 103 in a 60 zone in York Region yesterday (Feb 13/ 2015). Officer was on the other side of the street facing me ( I was headed south; he was parked) and as soon as I passed him, he pulled a U-E and caught up to me. He showed me his radar which read 101; after which I kept the conversation to a minimum. I tried to plead with him, claiming it was my first time even being pulled over and first time being issued a ticket. To no avail, I was still issued the ticket without any reduction from the officer. What's baffling to me is on the ticket he had issued it says 103 in the 60 zone even though I clearly saw 101 on the radar he had just showed me (not sure if this really matters). To pour salt on the wound, the officer just threw an ''obstruct plate'' ticket for fun because my car was dirty all around thus the plates had salt and grime on them. I am not too worried about the latter ticket. Now I'm going to fight this speeding ticket as much as I can, but I am worried about the impending hike on my insurance rates. I am a 24 year old male who has been a primary/secondary driver on my parent's insurance policy since I was 18 without any incident. I have had an unblemished record up until this ticket. I've been doing my research and have found that demerit points have no correlation with insurance rates as they will only see my abstract. What is the best possible case for me in this situation? This is my first time being thrown in this legal process and the fact that I went 43 over is not helping. I appreciate any advice, suggestions, just really anything you guys can provide me with. Thanks for taking the time to read this.
Pretty self-explanatory, I was caught doing 103 in a 60 zone in York Region yesterday (Feb 13/ 2015). Officer was on the other side of the street facing me ( I was headed south; he was parked) and as soon as I passed him, he pulled a U-E and caught up to me. He showed me his radar which read 101; after which I kept the conversation to a minimum. I tried to plead with him, claiming it was my first time even being pulled over and first time being issued a ticket. To no avail, I was still issued the ticket without any reduction from the officer. What's baffling to me is on the ticket he had issued it says 103 in the 60 zone even though I clearly saw 101 on the radar he had just showed me (not sure if this really matters). To pour salt on the wound, the officer just threw an ''obstruct plate'' ticket for fun because my car was dirty all around thus the plates had salt and grime on them. I am not too worried about the latter ticket.
Now I'm going to fight this speeding ticket as much as I can, but I am worried about the impending hike on my insurance rates. I am a 24 year old male who has been a primary/secondary driver on my parent's insurance policy since I was 18 without any incident. I have had an unblemished record up until this ticket. I've been doing my research and have found that demerit points have no correlation with insurance rates as they will only see my abstract. What is the best possible case for me in this situation? This is my first time being thrown in this legal process and the fact that I went 43 over is not helping. I appreciate any advice, suggestions, just really anything you guys can provide me with. Thanks for taking the time to read this.
The only thing you can do really is request a trial and when you get a trial date ask for disclosure and see what the evidence against you is. Post your disclosure here if you want our thoughts on the matter. If the evidence is strong you might want to plea to a lesser charge at your court date if it is within a reasonable time frame (has to total 11ish months through no fault of your own or you can ask for a stay) and the officer is present (if he's not insist that the trial start without him there is no case and you win). If you do decide to plea bargain I personally would ask for the speeding to be dropped for a guilty plea on obstruct plate (it probably will not happen but its never hurts to try). Odds are you will end up pleading guilty for a reduced speeding charge and the other ticket gets dropped. OR You can hire a professional and let them worry about the whole thing while you go about your life.
The only thing you can do really is request a trial and when you get a trial date ask for disclosure and see what the evidence against you is. Post your disclosure here if you want our thoughts on the matter. If the evidence is strong you might want to plea to a lesser charge at your court date if it is within a reasonable time frame (has to total 11ish months through no fault of your own or you can ask for a stay) and the officer is present (if he's not insist that the trial start without him there is no case and you win).
If you do decide to plea bargain I personally would ask for the speeding to be dropped for a guilty plea on obstruct plate (it probably will not happen but its never hurts to try). Odds are you will end up pleading guilty for a reduced speeding charge and the other ticket gets dropped.
OR
You can hire a professional and let them worry about the whole thing while you go about your life.
You can't lose by filing for trial. File for trial and wait. Firstly you delay the charge entering your record until potentially you are 25(when insurance rates drop). Secondly, you may never get a trial(sometimes they make mistakes and mess up something)-this is unlikely however. If it comes to a trial date, you can always ask for disclosure and if something is missing you can get the charges dismissed(again unlikely as police are generally pretty diligent). However, if the trial date is over 10-12 months you can get the charges stayed on the Charter section 11(b). Also the police officer may not show up. These last 2 options happen frequently in the GTA. Actually, offences with zero demerit points DO affect your insurance. All offences affect your drivers abstract. Most people worry about demerit points needlessly. You have to try very hard(and not in a good way) to get 9 demerit points in 2 years to get a MTO interview or 15 to get a licence suspension.
You can't lose by filing for trial. File for trial and wait. Firstly you delay the charge entering your record until potentially you are 25(when insurance rates drop). Secondly, you may never get a trial(sometimes they make mistakes and mess up something)-this is unlikely however. If it comes to a trial date, you can always ask for disclosure and if something is missing you can get the charges dismissed(again unlikely as police are generally pretty diligent). However, if the trial date is over 10-12 months you can get the charges stayed on the Charter section 11(b). Also the police officer may not show up. These last 2 options happen frequently in the GTA.
Actually, offences with zero demerit points DO affect your insurance. All offences affect your drivers abstract.
Most people worry about demerit points needlessly. You have to try very hard(and not in a good way) to get 9 demerit points in 2 years to get a MTO interview or 15 to get a licence suspension.
Thank you for the quick and informative responses. I have concluded that going to trial is my best possible option, right now debating whether hiring a paralegal or doing this on my own is the best possible route to take. Can anybody chime in on what the prosecutor might reduce my speeds/point to? I am worried my insurance will take a beating because I have committed a major infraction, and right now the best possible scenario looks like I can get it reduced to a minor infraction. What are the odds I will be offered a 15 over, 20 over, etc. Again, I am not too considered about the points just the insurance aspect. Thanks in advance for all the help.
Thank you for the quick and informative responses. I have concluded that going to trial is my best possible option, right now debating whether hiring a paralegal or doing this on my own is the best possible route to take. Can anybody chime in on what the prosecutor might reduce my speeds/point to? I am worried my insurance will take a beating because I have committed a major infraction, and right now the best possible scenario looks like I can get it reduced to a minor infraction. What are the odds I will be offered a 15 over, 20 over, etc. Again, I am not too considered about the points just the insurance aspect. Thanks in advance for all the help.
Have you confirmed that your insurance provider considers it to be a major infraction? Typically 50 over is the threshold, though some apparently start at 35 over. In my experience, the Crown will frequently drop a speeding ticket down to the next lower fine/point threshold. I wouldn't be surprised if they at least offer you a plea to 29 over, which would be 3 points (versus 4) and a $138.75 fine (versus $323). Keep in mind though it may be more beneficial to simply get the plate charge dropped. A conviction for 29 over and obstructed plate will have a greater impact on your insurance rates then just a conviction for 43 over (assuming it's considered a minor offence).
Have you confirmed that your insurance provider considers it to be a major infraction? Typically 50 over is the threshold, though some apparently start at 35 over.
In my experience, the Crown will frequently drop a speeding ticket down to the next lower fine/point threshold. I wouldn't be surprised if they at least offer you a plea to 29 over, which would be 3 points (versus 4) and a $138.75 fine (versus $323). Keep in mind though it may be more beneficial to simply get the plate charge dropped. A conviction for 29 over and obstructed plate will have a greater impact on your insurance rates then just a conviction for 43 over (assuming it's considered a minor offence).
Thanksb for your response Stanton. It alarms me that an obstructed plate has the ability to impact my insurance rates... Is this something that shows up on a driver's abstract therefore giving a reason for my insurance to increase my premiums even more? I thought this ticket was meaningless.
Stanton wrote:
Have you confirmed that your insurance provider considers it to be a major infraction? Typically 50 over is the threshold, though some apparently start at 35 over.
In my experience, the Crown will frequently drop a speeding ticket down to the next lower fine/point threshold. I wouldn't be surprised if they at least offer you a plea to 29 over, which would be 3 points (versus 4) and a $138.75 fine (versus $323). Keep in mind though it may be more beneficial to simply get the plate charge dropped. A conviction for 29 over and obstructed plate will have a greater impact on your insurance rates then just a conviction for 43 over (assuming it's considered a minor offence).
Thanksb for your response Stanton. It alarms me that an obstructed plate has the ability to impact my insurance rates... Is this something that shows up on a driver's abstract therefore giving a reason for my insurance to increase my premiums even more? I thought this ticket was meaningless.
Any HTA conviction where you're the driver will show up on your abstract. So not having a copy of your insurance slip in the car will impact your rates just as much as blowing a red light, even though one is obviously more indicative of bad driving. The Insurance Bureau of Canada has a brochure here: http://assets.ibc.ca/Documents/Brochure ... FAQ-ON.pdf Go to page 11 where they break down expected rate increases based on number of convictions and provide a list of typical minor, major and serious offences.
Any HTA conviction where you're the driver will show up on your abstract. So not having a copy of your insurance slip in the car will impact your rates just as much as blowing a red light, even though one is obviously more indicative of bad driving.
Go to page 11 where they break down expected rate increases based on number of convictions and provide a list of typical minor, major and serious offences.
I referred with my insurance company and you're right...the obstruction of plate is also a conviction that can raise my premiums. Now my question is am I allowed to ask for any early resolution for the obstruction ticket while asking for trial for the speeding ticket? I'm not sure if I can choose different options for these tickets as they are from the same incident. I believe I have a good chance of getting the obstruction of plate ticket thrown out if I were to meet with a prosecutor, then I can solely focus on the speeding ticket. This is also to combat the prosecution using the obstruction ticket as something theyre willing to drop while I pay the full speeding ticket if I were to go to trial for both. Let me know what you guys think. Thanks.
Stanton wrote:
Any HTA conviction where you're the driver will show up on your abstract. So not having a copy of your insurance slip in the car will impact your rates just as much as blowing a red light, even though one is obviously more indicative of bad driving.
Go to page 11 where they break down expected rate increases based on number of convictions and provide a list of typical minor, major and serious offences.
I referred with my insurance company and you're right...the obstruction of plate is also a conviction that can raise my premiums. Now my question is am I allowed to ask for any early resolution for the obstruction ticket while asking for trial for the speeding ticket? I'm not sure if I can choose different options for these tickets as they are from the same incident. I believe I have a good chance of getting the obstruction of plate ticket thrown out if I were to meet with a prosecutor, then I can solely focus on the speeding ticket. This is also to combat the prosecution using the obstruction ticket as something theyre willing to drop while I pay the full speeding ticket if I were to go to trial for both. Let me know what you guys think. Thanks.
You can't have your cake and eat it too. The reason they'd consider dropping one for the other revolves around you pleading guilty. It's a bargaining chip and you don't want to bargain. It's give and take but you aren't giving anything back. They might as well proceed with both charges.
xkrtls wrote:
Now my question is am I allowed to ask for any early resolution for the obstruction ticket while asking for trial for the speeding ticket?
You can't have your cake and eat it too. The reason they'd consider dropping one for the other revolves around you pleading guilty. It's a bargaining chip and you don't want to bargain. It's give and take but you aren't giving anything back. They might as well proceed with both charges.
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
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…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
