Hi, Everyone: I got my first highway speeding ticket on highway 401. The officer ticket me driving 130km/hr in a posted 100km/hr on a busy early Monday morning. But the officer marked the wrong date on speeding ticket on early Sunday morning. My questions are: 1. Do I have chance to get the ticket thrown out based on this date mistake (I can prove I am not at the scene on early Sunday morning). 2. If no chance to win the trial, Do I need to choose to plead guilty to a lesser charge such as remove 3 demerit points? Any advise is highly appreciate. Thanks in advance.[/b]
Hi, Everyone:
I got my first highway speeding ticket on highway 401. The officer ticket me driving 130km/hr in a posted 100km/hr on a busy early Monday morning. But the officer marked the wrong date on speeding ticket on early Sunday morning. My questions are:
1. Do I have chance to get the ticket thrown out based on this date mistake (I can prove I am not at the scene on early Sunday morning).
2. If no chance to win the trial, Do I need to choose to plead guilty to a lesser charge such as remove 3 demerit points?
Any advise is highly appreciate. Thanks in advance.[/b]
Thrown out entirely? Maybe. It used to be that an incorrect date would get the ticket tossed for sure, but now it's more difficult. If the date is missing, then, absolutely. There might be some others who have more recent case law and information about that. As for plea-bargaining, since it is your first ticket, you should be able to plead it down to a lower speed, such as 15 km/h over the limit (which would be no demerit points). Do you have a trial date yet?
Thrown out entirely? Maybe. It used to be that an incorrect date would get the ticket tossed for sure, but now it's more difficult. If the date is missing, then, absolutely. There might be some others who have more recent case law and information about that.
As for plea-bargaining, since it is your first ticket, you should be able to plead it down to a lower speed, such as 15 km/h over the limit (which would be no demerit points).
Do you have a trial date yet?
* 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
Hi, Thanks for your advice. I choosed option 3 for a trial and have not received a trial data yet. Anyway I will go to court at that trial date and hopefully the officer will not show up. If he do show up, I may choose plea-bargain just before the trial begin.
Hi,
Thanks for your advice. I choosed option 3 for a trial and have not received a trial data yet. Anyway I will go to court at that trial date and hopefully the officer will not show up. If he do show up, I may choose plea-bargain just before the trial begin.
Get disclosure. If the officer's notes indicate it was Monday, the crown will simply ask the JP to amend the certificate. You'd have to try to find another line of defence. If the notes also say it was Sunday and you have proof you were somewhere else on Sunday, there are probably a few different approaches to winning on that basis.
Get disclosure. If the officer's notes indicate it was Monday, the crown will simply ask the JP to amend the certificate. You'd have to try to find another line of defence. If the notes also say it was Sunday and you have proof you were somewhere else on Sunday, there are probably a few different approaches to winning on that basis.
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
