155km/h on 100km/h zone. reduced to 149km/h by the officer

diemperdidi
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155km/h on 100km/h zone. reduced to 149km/h by the officer

Unread post by diemperdidi on

Hello everyone,
Last week I was driving back to Montreal from Toronto on 401. I got pulled over and the officer told me that he caught me 155km/h so he should impound the car and suspend my license (i have a Quebec license). After a few minutes talk, he decided to give me a break and wrote 149 km/h on the ticket (and i appreciate that)

Now I have 359$ ticket to pay and face 5 demerit points on my Quebec License for 49km over. I'm not a "wealthy" guy so the 359$ will hurt me real bad but my biggest problem is the demerit points. With 5 demerit points probably I'll have my Communauto membership cancelled (it is a car sharing service. i don't have a car and i don't plan to buy one).

I don't want to fight the ticket, i'm guilty. But 5 demerit points will be a huge pain! Is there something i can do to reduce the demerit points (and the fine) ?

I hear something called "Plea Bargain". How do i do that? I guess I have to plead not guilty and demand a trial first but i don't want to that cos' I heard that the prosecutor will/can take the ticket back to it's original speed (155km/h) if I do that. I don't want to risk that.

Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".

Thanks for the answers and help in advance.


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Unread post by bend on

diemperdidi wrote:Hello everyone,
Last week I was driving back to Montreal from Toronto on 401. I got pulled over and the officer told me that he caught me 155km/h so he should impound the car and suspend my license (i have a Quebec license). After a few minutes talk, he decided to give me a break and wrote 149 km/h on the ticket (and i appreciate that)

Now I have 359$ ticket to pay and face 5 demerit points on my Quebec License for 49km over. I'm not a "wealthy" guy so the 359$ will hurt me real bad but my biggest problem is the demerit points. With 5 demerit points probably I'll have my Communauto membership cancelled (it is a car sharing service. i don't have a car and i don't plan to buy one).

I don't want to fight the ticket, i'm guilty. But 5 demerit points will be a huge pain! Is there something i can do to reduce the demerit points (and the fine) ?

I hear something called "Plea Bargain". How do i do that? I guess I have to plead not guilty and demand a trial first but i don't want to that cos' I heard that the prosecutor will/can take the ticket back to it's original speed (155km/h) if I do that. I don't want to risk that.

Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".

Thanks for the answers and help in advance.
If the ticket's been reduced from a 50 and higher charge to a 49 and lower (and it's been recorded as such), there's no prosecutor who will be willing to deal with you further. That deal is as hot as it gets in my opinion.


Stanton
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Unread post by Stanton on

diemperdidi wrote:Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".
No, only the Crown can offer you a plea to a lesser charge. While the Courts will sometimes reduce your fine if there is good reason, they cannot change the offence itself or the associated number of demerit points.

The problem is that since you were already given a huge break at the side of the road, it's very unlikely you'll be offered any further reduction by the Crown.


diemperdidi
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Unread post by diemperdidi on

Stanton wrote:
diemperdidi wrote:Is it possible to go to court and tell the clerk something like "I'd like to plead guilty for a lesser charge".
No, only the Crown can offer you a plea to a lesser charge. While the Courts will sometimes reduce your fine if there is good reason, they cannot change the offence itself or the associated number of demerit points.

The problem is that since you were already given a huge break at the side of the road, it's very unlikely you'll be offered any further reduction by the Crown.
thanks for the answers.
I was hoping, as this is my first ticket ever... But you're right, i already had a "huge break", so i guess the best thing i can do is pay the ticket as it is...


diemperdidi
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Unread post by diemperdidi on

One more question: can anybody tell me in detail, what exactly is the "Option 2: Plead guilty with an explanation" and what happens if I choose that option?

thanks


Stanton
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Unread post by Stanton on

It means you would be admitting guilt to your current charge of 49 over. You would then basically explain to the Justice of the Peace why they should show some leniency. At their discretion, and with good cause (i.e. financial hardship due to unemployment) they can reduce the fine, give more time to pay, etc. They cannot however reduce the charge or it's associated demerit points.


diemperdidi
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Unread post by diemperdidi on

Thanks Stanton. So, I think the best i can do is plead guily with an explanation.

...and never speed again...


diemperdidi
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Unread post by diemperdidi on

OK, so, if I plead guilt with an explanation, "maybe" Justice of the Peace can reduce the fine.

Does anyone has an opinion based on their experience how much they usually reduce the fine? Going to court will cost me around 60-70 $ :?


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Unread post by admin on

Maybe consult with a Paralegal. There is a form at the bottom for a free quote.


diemperdidi
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Unread post by diemperdidi on

admin wrote:Maybe consult with a Paralegal. There is a form at the bottom for a free quote.
yeah thanks, i did that already.
they usually want unbelievable amounts for their "services" like 500-600$ and all of them told me that going to a trial is too risky in my situation.
so i'll pay them 500 and they will try to reduce the fine and maaaaaaybe demerit points.

seems like a good deal?

well thanks anyway...






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