Hello guys, I was pulled over today for doing 110 km/h in a 60 zone according to the officer that pulled me over. I was going downhill and I pulled over as requested by the officer who was standing in the center lane and stopped the car before me to instruct me to pull over. He then came up to my window and accused me of doing 110 in a 60 and instructed me that he would impound my car and suspend my drivers license immediately. I chose to not say anything as he instructed me to take the keys out of the ignition. As I was taking the keys out, I pulled my window back up halfway which the officer took as an act of agression and resistance apparently and attempted to push the window back down but failed. He then told me to put my hands behind my head during which he attempted to restrain and choke me even though I was complying. He then forced me out of my vehicle and put my hands behind my back but then let me go and instructed me to follow him to his cruiser. He then told me that he would not impound my car and he would let me keep my driver's license by dropping the 110 km/h to a 109. He explained that he thought I was trying to escape by putting my window up. I explained that the car was already in park and that my intention was not to go anywhere. I then took the ticket and left. I believe that the officer's behaviour was unconstitutional and his misconduct was not necessary. I also understand that a charge of 30km/h and below 50 carries an application of 4 demerit points and the charge itself will increase my insurance. My record is clean and I was wondering how to proceed with this. Through some research through Google maps I found out that the stretch I was stopped in was a 70 km zone not a 60 as according to the officer. Should I request a first attendance meeting or outright fight it? Any advice would be appreciated. Oh, and I carry a G2 license. Thank you.

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109 km/h in a 60 zone [Reduced from 110]

by: saugacity on

16 Replies

bend
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Re: 109 km/h in a 60 zone [Reduced from 110]

There's no harm is discussing a possible further reduced fine. They will either tell you "OK, we'll offer you..." or "No, you've gotten a big enough break already. Are you going to plead guilty or not guilty?". At that point you'll decide whether to plead guilty or not guilty. If you plead guilty, it will be for the 49 over or any other reduction you may receive. If you plead not guilty, your trial will commence as soon as possible and the prosecutor will ask the judge to revert back to the original fine. As for it being further reduced, I doubt it. You got a pretty good deal already.

saugacity wrote:

Hello guys,

If I were to plead guilty to the 49 over at trial assuming the crown does not offer a deal before trial, would the prosecutor still have the charge amended to to stunt or not?

There's no harm is discussing a possible further reduced fine. They will either tell you "OK, we'll offer you..." or "No, you've gotten a big enough break already. Are you going to plead guilty or not guilty?". At that point you'll decide whether to plead guilty or not guilty. If you plead guilty, it will be for the 49 over or any other reduction you may receive. If you plead not guilty, your trial will commence as soon as possible and the prosecutor will ask the judge to revert back to the original fine.

As for it being further reduced, I doubt it. You got a pretty good deal already.

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Re: 109 km/h in a 60 zone [Reduced from 110]

I showed up to court and the officer wasn't present so the charge was withdrawn right away by the crown.

I showed up to court and the officer wasn't present so the charge was withdrawn right away by the crown.

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