44kmh over question

74sickness
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44kmh over question

by: 74sickness on
Mon Jan 30, 2017 5:56 pm

Hi everyone, i got hit today with a 104km in a 60kmh zone, Issue is i only have a G2 and we all know what happens if you go 30kmh-49kmh with a G2 you get a nice letter from the mto saying license suspension for 30 days. Now here is my question the officer never dropped the charge at all and i literally went straight to the court house and filed for early resolution. What are the chances that the prosecutor drops the charge to 3 points and no suspension. I would assume it could be doable right? I know its a stupid question and you can never get good answer with that kind of question but im just curious. Thanks


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bobajob
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by: bobajob on
Tue Jan 31, 2017 7:09 am

if you had a full G, I would say yes they can lower it, but not sure for a G", because where talking about suspension
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


74sickness
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by: 74sickness on
Tue Jan 31, 2017 10:16 am

bobajob wrote:if you had a full G, I would say yes they can lower it, but not sure for a G", because where talking about suspension
I never knew license class will not make a prosecutor lower it.


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bobajob
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by: bobajob on
Tue Jan 31, 2017 1:56 pm

I'm guessing, with a G2, your looking at a suspension right, due to your noviceness,
with a G, for that speed you can get a reduction

BUT that said, I'm not an expert, one of the more experienced guys will be around so hang tight
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jsherk
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by: jsherk on
Tue Jan 31, 2017 2:24 pm

It totally depends on the prosecutor and how good a mood they are in. If they are looking to "teach new drivers a lesson", then prosecutor might say "no way am I going to lower it". On the other hand, if you really say how sorry you are and what a big mistake you made, maybe he will agree.

Anyways, if the prosecutor agrees to drop it 29 over (3 demerits) then that will save you from a license suspension. If they won't drop it down, then I would tell prosecutor that you would like to set a trial date and get disclosure.
+++ This is not legal advice, only my opinion +++


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by: OTD Legal on
Tue Jan 31, 2017 2:38 pm

74sickness wrote:Hi everyone, i got hit today with a 104km in a 60kmh zone, Issue is i only have a G2 and we all know what happens if you go 30kmh-49kmh with a G2 you get a nice letter from the mto saying license suspension for 30 days. Now here is my question the officer never dropped the charge at all and i literally went straight to the court house and filed for early resolution. What are the chances that the prosecutor drops the charge to 3 points and no suspension. I would assume it could be doable right? I know its a stupid question and you can never get good answer with that kind of question but im just curious. Thanks
44 km/h over the posted speed limit is on the higher end of the 4 demerit point offences. The offence also occurred in a 60 km/h zone making the overage potentially more egregious to a Prosecutor than had it occurred in a 100 km/h zone. I would not be surprised to see the Prosecutor being non-receptive to a 3 demerit point offence. However, given the pending escalated sanctions licence suspension, you should at least attempt to defend the ticket either on your own or through a licenced paralegal.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


74sickness
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by: 74sickness on
Wed Feb 01, 2017 12:38 am

Thanks for all the great responses, the reason I was speeding is because the hospital is down the road and I have a close family friend that had a surgery go bad and I was just trying to get there for the last few hours of there life. I know it's no excuse for speeding but I guess I'll tell the prosecutor that and maybe they will lower it but thanks for the advice everyone.


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