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157km reduced to 149km on 401
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PostPosted: Mon Jul 25, 2011 7:25 pm 
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Joined: Mon Jul 25, 2011 6:58 pm
Posts: 1
Hi everyone, so I am 21-years old with a full G license. No prior convictions. I have very minimal knowledge of this whole process and am just barely getting by as it is and have no idea how I will afford insurance if I plead guilty to this charge.

What happened:
I was driving eastbound going through Durham Region on the 401. People this day were driving unusually fast (~130km). I was keeping up with traffic when a man in his vehicle cut in front of me twice. Instead of slowing down which I should have, I switched lanes and went around him not noticing my speed. Then realizing an OPP officer was right behind me and had been timing, he eventually pulled me over. Told me I was radared at 157km/h in a 100km/h posted zone. I told him I did not realize how fast I was going, was scared shitless, and this was my first ticket. He took my license and returned with a ticket which he noted a reduced speed to 149km/h with 4 demerit points, warned me of what could have been the consequences (stunt driving and thousands of dollars in fees), and was very nice about the whole thing.

I was too much in shock and did not even want to ask if there was anything I could do about this ticket because he had already given so much of a break. Everything on the ticket seems to be legit (no mistakes). I am a full-time student and commute almost an hour one-way every week day, I work for my parents, my insurance is under my mothers name. I can't afford to pay a higher insurance rate, I will not be able to get to school, and my relationship with my family will be tainted to say the least.

My Questions:
-What are my options?
-How much does insurance increase given this circumstance?
-Is it worth getting a traffic lawyer and how much do they cost?
-Any other information would be great.

Thank you in advance for any of your help.


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Re: 157km reduced to 149km on 401
PostPosted: Mon Jul 25, 2011 9:12 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
vin1619 wrote:
My Questions:
-What are my options?
-How much does insurance increase given this circumstance?
-Is it worth getting a traffic lawyer and how much do they cost?
-Any other information would be great.


1) Due to the reduction the officer already gave you, it's quite unlikely the Crown will offer you any further plea deal. Your options will probably be limited to pleading guilty or fighting the ticket outright.
2) You would have to contact your insurance provider as it varies from one provider to the next. Some may consider 49 over a minor conviction (0-10% increase) while others may consider it a major conviction (50%-100% increase).
3) Many offer free consultations so call them and see what they say. The cost will probably depend on what kind of outcome you want and if it requires a trial or not, but you'll be looking at a few hundred dollars.
4) Speeding is an absolute liability offence so your defence options are a bit more limited. You (or your legal representation) would have to try and argue reasonable doubt (i.e. the Crown can't prove you were speeding) or find some type of fatal error. Just be aware if you go to trial they'll raise the ticket back up to 57 over. I wouldn't suggest going to trial unless you're sure you can beat it.


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Re: 157km reduced to 149km on 401
PostPosted: Thu Jul 28, 2011 12:50 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
You might be able to get the fine reduced (but probably not the speed) if you explain your circumstances. However, I would get a consultation with a paralegal or traffic lawyer, as Stanton suggests. If it were me, and the officer just saved me from the whole dog-and-pony show that stunt driving brings with it, I'd probably have just paid it and took my chances with the insurance increase.

_________________
* 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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