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106km/h in a 60km/h
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PostPosted: Wed Jan 15, 2014 10:54 pm 
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I got pulled over yesterday on the Sir John A. Macdonald Parkway in Ottawa for going 106 km/h in a 60 zone. It was around noon, the weather was good and I was the only car on the road. He was hiding around a corner and was just stopped in the right lane (there are no shoulders on this road). I was alone in my car and neither of us said much, he didn’t reduce my fine and gave me a ticket of a set fine of $276 and a total of $341. I don’t think that I would win if I fought it because it is a pretty cut and clear case and I don’t see any fatal errors on the ticket, but I’d like to at least get the fine reduced and maybe reduce the amount of demerit points. I’ve gotten a few speeding tickets in the past but not in the last 3 years. I’ve been doing some reading on this site and have a few questions (I searched the forums for the answers but couldn’t find them, sorry if they have been answered before)

See below for what the back of my ticket looks like \/

If I choose option 3:
- Is it possible to mail in my request to go to trial or do I have to go in person (I live 60 km from Ottawa so I’d rather not have to drive in).
- I was wondering how do you request disclosure, do you have to go to the court office to fill out a form or can you mail in a request, and what would I actually mail in? Can I only request disclosure once I have a trial date?
- I read that you can meet with the prosecution before your trial date, how exactly would I set up a meeting with the prosecution?
- I read that they might offer a first attendance meeting, if this is offered to me will they notify me by mail? Or do I need to request it, if so do I have to go to the court office to request a first attendance meeting?
- I also read that if the officer doesn’t show up to the trial then the ticket gets cancelled, but this article says that “If someone is defending themselves in court, the officer’s absence will likely result in the prosecutor asking for an adjournment to a new date” -> http://www.ottawasun.com/2013/03/15/spe ... ays-expert

And my biggest question is:
- I’m debating between choosing option 2 or 3. Do you think that my fine would get reduced more if I choose option 2, option 3 via a first attendance meeting or option 3 via a meeting with the prosecution before the trial?

I’m also open to any advice.

I appreciate any feedback, thanks in advance.


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 1:18 am 
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narf_zort13 wrote:
- Is it possible to mail in my request to go to trial or do I have to go in person (I live 60 km from Ottawa so I’d rather not have to drive in).


Yes, you can mail it in. Just fill in the blank space if you need an interpreter, check whatever boxes, and leave your signature. It's all there.

narf_zort13 wrote:
- I was wondering how do you request disclosure, do you have to go to the court office to fill out a form or can you mail in a request, and what would I actually mail in? Can I only request disclosure once I have a trial date?


You can request disclosure however you want. You can send a letter, fax, whatever. Most choose fax because you can print a record of everything and no one can deny the request was ever made. You can't ask for disclosure before a trial because there is no trial to begin with, so you'll just wait until the notice of trial comes in the mail. You may be asked to pick up your disclosure at the courthouse or they'll mail it back to you.

narf_zort13 wrote:
- I read that you can meet with the prosecution before your trial date, how exactly would I set up a meeting with the prosecution?


Option 2 will get you a plea deal in return for your guilt. If you select Option 3, they are just going to do the same thing before your trial anyways.

narf_zort13 wrote:
- I read that they might offer a first attendance meeting, if this is offered to me will they notify me by mail? Or do I need to request it, if so do I have to go to the court office to request a first attendance meeting?


You can do so by either selecting Option 2 or they'll offer you a deal at your trial either way. They are pretty much the same as far as getting a deal goes.

narf_zort13 wrote:
- I also read that if the officer doesn’t show up to the trial then the ticket gets cancelled, but this article says that “If someone is defending themselves in court, the officer’s absence will likely result in the prosecutor asking for an adjournment to a new date” -> http://www.ottawasun.com/2013/03/15/spe ... ays-expert


The article is trying to say that most who take on a ticket by themselves don't know how to argue the cards they're being dealt. If you don't put up a proper argument, they might just adjourn it to another day. Sometimes the JP will put the prosecution in check and tell them the officer should be there, sometimes they'll just agree and set up a new date. Every courtroom is different. The officer will be there anyways. Don't rely on this scenario.

narf_zort13 wrote:
And my biggest question is:
- I’m debating between choosing option 2 or 3. Do you think that my fine would get reduced more if I choose option 2, option 3 via a first attendance meeting or option 3 via a meeting with the prosecution before the trial?


They will both be in the same ballpark whether you choose Option 2 or 3.


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 4:26 am 
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If it were me I would pick option 3 and request disclosure. This leaves all your options open and you can read the officer's notes to see if there is anything you can build a defence around. You also may luck out and have the trial scheduled more then 11 months away, at which time you could have the ticket thrown out for unconstitutional delay, or in rare cases you might win if the officer misses the court date. As bend said the prosecutor will still offer you a deal on the day of your trial, so if all else fails you will still be able to get a reduction.


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 11:29 am 
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Thanks to both of you, very helpful.
Guess I'll go with option 3 and see where that goes, thanks again.


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 12:32 pm 
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Joined: Tue Oct 22, 2013 2:57 pm
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Is it safe to say you received this from the RCMP and not the Ottawa police?


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 5:27 pm 
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Yes, I think it was an RCMP, does that make any difference?


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Re: 106km/h in a 60km/h
PostPosted: Thu Jan 16, 2014 7:40 pm 
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Posts: 40
narf_zort13 wrote:
Yes, I think it was an RCMP, does that make any difference?


Sure does;

If you opted for trial it will be held on a Tuesday morning only at 100 Constellation
The prosecutor you encounter on your trial date will likely not be the one you ultimately deal with as they are only articling students employed by Justice and are transferred
Submit your disclosure request to the number you have. It's not the fax used by Justice but they will receive your request on your trial date when they walk into court late and quickly agree to an adjournment
Do not make a decision without disclosure
Most of their officers have never been 'refreshed' on the uses of radar and laser
The Justice prosecutor will only offer you a reduction of 10k, that's all they have authorization for
There is no 1st attendance with these people as they are not aligned with the city/province and the prosecutors don't arrive until about 2minutes to nine so there's no opportunity to discuss and resolve
The guy in the article you linked to is correct. There is only one defence to speeding. But you definitely don't need a speeding conviction on your driving record for your insurance company to see
If you go to trial, know your testing procedures for whichever measuring device was used
If the offence portion of your ticket states "National Capital Commission Property Rules and Regulations Section 4(1)' don't be fooled by that. Loads of people think that a conviction under the NCC doesn't show on their driving record. It does
I could go on, but - good luck


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Re: 106km/h in a 60km/h
PostPosted: Fri Jan 17, 2014 9:19 am 
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Joined: Wed Jan 15, 2014 10:21 pm
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Oh wow, thanks, appreciate the info.

So are you saying that if I decide to go to trial that I either win my case or lose it, there is no way to make a plea bargain?


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Re: 106km/h in a 60km/h
PostPosted: Wed Jan 22, 2014 1:57 pm 
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Bump


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