130km/hr in a 100km/hr zone

huangby
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130km/hr in a 100km/hr zone

by: huangby on
Mon Jun 14, 2010 9:58 am

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]
Bill H


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by: Radar Identified on
Sat Jun 19, 2010 11:36 pm

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


huangby
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by: huangby on
Mon Jun 21, 2010 7:25 pm

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.
Bill H


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by: mathers on
Mon Jun 21, 2010 11:43 pm

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.


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