The officer told me that he had me clocked in at 149km/h then 150km/h then 149km/h jumping back and forth and let me know all of the charges I would face with driving at 150km/h. The officer later came back and gave me a ticket for speeding 149km/h in a 150km/h zone. He made it clear to me that he was giving me a break by not impounding my car and laying charges for stunt driving. I didn't argue with the officers accusation at all and just let him know that I did not know I was going 150km/h and thought I was traveling between 135km/h and 140km/h.
Here's a picture of the ticket (the units for the speeds aren't clearly written):
Is there anyway I can fight this? I currently am 18 and attending university next year as a student. I do not currently have a job and have no money to even pay this fine.
I've only received one ticket before this for doing a u-turn and went to court for the ticket with no success.
From my research, the only possibilities of getting this ticket waived is by scheduling a court date and hoping that the officer doesn't show up. If the officer does show up, I have no case as of now.
Any help is much appreciated!
Last edited by murray732 on Mon Nov 30, 2009 4:04 am, edited 1 time in total.
The only hope of beating the ticket is for him not showing up at trial.
I would preferably like to schedule a trial to take my chances of the officer not showing up. If the officer does show up then I'd like to try and just get the ticket reduced reasonably.
If you have insurance concerns, you may wish to read:
http://www.ontariohighwaytrafficact.com ... =insurance
HEY! This ticket just suddenly made me realize that Sec. 172 (50-over) is a bad thing! I mean, here we have 49-over costing $359. But just one more lousy klic and it's about $4,000 in expenses plus a loss of lisence for a week. (and a blurb in the local paper around these parts)
Under this logic, if a guy shoots someone 49 times in the chest, he would get a few years in jail. But if he shoots just one more bullet, he would be immediately executed!
When the car is produced it is allowed to read plus but not minus, otherwise the car manufacturer is at fault, tsk, tsk.Squishy wrote:Speedometers aren't accurate, especially at speeds of ~140 km/h. Not completely sure, but I think SAE-spec cars (North American and most imports) are allowed +/- 10%, while E-code cars are allowed +5% (some European imports).
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
EDIT: I was partly wrong. I dug up an old post of mine and got the numbers: SAE allows +/-5% (SAE Recommended Practice J1226) and EC allows +10% (ECR-39).
That said, do you want to try to fight this all the way or is plea-bargaining something you'd prefer?
I've read through TicketCombat the past two days and have learned a lot, and will also go watch a few trials weekly to make sure i'm solid if I do decide to fight this.
If me saying I thought I was going 35 over is in the officer's notes then I don't have much of a defence in court except to denie that I made that statement (also illegal am i right?). I could try and force a "voir dire" by saying that the officer threatened me into making this statement by threatening to impound my car saying I was going 50 over. That's about it, and I'm not sure if that will even hold since i'm not experienced in this.
I live in a small town (North Bay) so I assume the courts are pretty quick with few traffic violations. I don't think it would be possible to delay the trial for 18 months to argue my rights were violated.
If I could plea to bargain and get the ticket scratched, or even knocked down to 15 over I would be happy. Anything less I would rather take this to trial.
And a few questions:
Is it possible to plea to bargain the day of trial? (Just incase the officer doesn't show up)
If I apply for a stay, how long is that stay in motion for?
- make photo copy of both sides of ticket for your records.
- Plead Not Guilty on ticket (check off "officer present for questioning")
- take ticket (or registered mail) to court address as shown on ticket
- lay on couch and watch TV for several weeks until court date arrives in mail.
- print out disclosure request as downloaded from internet
(I use this one http://img205.imageshack.us/img205/333/disclosure.jpg)
- Fill in blanks and fax or registered mail it back to same court address.
- Return to couch and wait several weeks for Disclosure package to arrive in mail.
In my case, a form came in the disclosure package with a written plea bargain offered by the prosecutor. I have to attend on my trial date and have the option at that time to accept his offer, make a counter offer, or reject the offer and go to trial. This all happens right before court opens for the day, so be there early enough to speak with him first. If you both work out a deal, you stand before the JP and the prosecutor withdraws the original charge and replaces it with the "agreed to" charge. You plead guilty to THAT charge when the JP asks, and you go pay at the clerks office and be on your way (back to couch).
1) Have the officer amend the charge back to stunt driving
2) Losing the trial and not receiving a plea-bargain
How likely is it that those occur?
Also, knowing that i'm 18, do you think that they would be less likely to offer me a plea-bargain and more likely to let me defend myself in court?
Not going to happen.murray732 wrote:1) Have the officer amend the charge back to stunt driving
Likely. Your admission to guilt at roadside is very difficult to overcome. A pleasant attitude towards the prosecutor before court (and a convincingly sad story to him) and you just MIGHT get that 15-over deal worked out.murray732 wrote:2) Losing the trial and not receiving a plea-bargain
18-Shmanteen. Good manners work at any age. Allow just the tiniest hint of disrespect or arrogance to slip out your mouth and they'll eat you alive!murray732 wrote:Also, knowing that i'm 18, do you think that they would be less likely to...
Just a few questions:
Is plea-bargaining something I can request, or something they offer?
If it is requestable, where do I do that?
I vaguely remember the police officer on the boat telling me to go to the crown-attourney's office to talk with her, is this where I go to plea-bargain?
In many cases the Crown will offer a lower charge, if the Crown does not you can initiate the plea bargain. Don't forget to check for the cop's presence before taking the Crown's offer.