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122 Km/h on a 80 Zone.
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PostPosted: Mon Jul 04, 2011 11:34 am 
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Joined: Mon Jul 04, 2011 11:15 am
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Hey guys, this is my first post.

I have a little situation that I can use some advice on. I've read all the other posts and taken notes of all of there situations, but I was wondering if anyone would be able to to give any advice unique to my situation.

Summary:
- Charged with speeding, 4 points, $317 fine.
- Charged with not having the car validated.

-Speeding-

I was on my way to Wasaga Beach on Canada day, and I was driving on one of the country roads. I was probably doing around 105Km/h. It was a two lane road; one lane for each direction. The road has a lot of ups and downs with hills, etc. I was driving down, and an OPP traffic police (coming in from the opposite direction) put his lights on. We talked, and he wasn't the nicest officer at all. He said he clocked me at 122 Km/h at a 80 zone. Out of nervousness, I forgot to ask to see it on his radar. There were a lot of uphills and downhills on that road, I can vouch for going 105, but I definitely was not going 122. He charged me with 4 points, 42 over speed limit, and kept persisting that I take option 3 since I am a young driver. I am 21 years old, with a careless driving accident 3 years ago. I know speeding is a conviction with great liability, you are either speeding or not, but I am sure the downhill contributed with my speed increasing.

-Validating-

That was the first ticket he gave me, the second ticket he gave me had to do with the validating sticker that you buy and put on the rear license plate. I had no idea that the second copy goes on the paper permit that stays in the car. I have the car validated (I clearly have the updated sticker on the rear license place), yet he still gave me a ticket for not having the car validated since I did not have another copy on the paper permit. Ticket for $110 dollars.

I was thinking of finding the other copy in my house somewhere and then putting it in my car (not sticking it on the paper yet) and going to court saying, "I didn't know where my mom put it in the car, but the car is definitely validated".
Problem is, I'm currently looking for the sticker, but can't find it. If I go to the location where I get the sticker, could they find me on file and give me another copy? The car is validated, we always have the stickers, we never knew that a copy goes in the paper permit.

My question to you guys is

-Are there any defenses for my speeding ticket? I am certain I was not going 122km/h.
-Should I get a paralegal?
-If I plea bargain, what are the chances and how low will they take the charges?
-What options do I really have?
-Will the validating ticket be thrown out since I have the validation on the back of my car?
-Does the validating ticket have any demerit points attached to it?

Any help would be well appreciated.

Thanks!


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Re: 122 Km/h on a 80 Zone.
PostPosted: Mon Jul 04, 2011 9:02 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
- Police do not have to show anyone a radar reading, nor is it a requirement to even "lock" the speed on the display
- a validation offence does not have any demerit points

As far as validation there are 2 stickers that must be applied when renewing the validation
1 validation sticker must be placed on the licence plate (upper right corner), which validates the plate
2nd validation sticker must be placed on the back of the plate portion of the permit, which validates the permit

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: 122 Km/h on a 80 Zone.
PostPosted: Tue Jul 05, 2011 9:10 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
If you plea bargain they might lower the speed to 29 over, or they might even drop it to 15 over if you also plead guilty to the validation sticker offence. All depends on the Prosecutor.

FYI. As hwybear says, the officer does not have to show you the radar reading.

_________________
* 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


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Re: 122 Km/h on a 80 Zone.
PostPosted: Tue Jul 05, 2011 11:21 pm 
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Joined: Mon Jul 04, 2011 11:15 am
Posts: 4
Yeah, I just got a quote from a lawyer for $750, I really don't understand why he was asking for so much. I'm going to get some more quotes from XCoppers and Pointts.

I'm thinking of just going myself, and plea bargain, all I want is that they drop the points and put me on 29 km/h over. I can pay the fines. Will the validation sticker offense affect my insurance?

Thanks!


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Re: 122 Km/h on a 80 Zone.
PostPosted: Wed Jul 06, 2011 7:26 am 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
The only way for the points to be removed is for a conviction for 15 over (or less). The courts do not have control over demerit points. At 29 over, you'd get 3 points. The points are an administrative action applied by MTO after the conviction. Keep calling around for a quote and see what they'll do for you. For the validation sticker, there is no way to know for sure if it will affect your insurance. It may, it may not. Depends on your insurance provider.

_________________
* 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


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