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49km/h over with reduced speed
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PostPosted: Tue Aug 21, 2012 5:48 pm 
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Hey, i've been reading these forums for a while and thank all contributers for their knowledge and advice.

on the 19th of augst, i was out doing a road test on my car after having done a few repairs. against my better judgement it took it to highway speeds on a back road with a speed limit of 60. got cought at 112 in a 60 zone and the officer reduced it to a 49 over. Big break to me considering the potential damage of the original fine.

now i already have 6 points on my license and getting this one would bring me at 10 necessitating a meeting with the MTO as to why i should keep my license.

the 6 points all come off on November 27 2012 so i'm only 3 months away.

COuld i file a not guilty claim, get my court date which is usually around 2.5 to 3 months from when you file out here in ottawa. then a few days before the trial just change the plea to guilty and pay the fine in full?

i have no intentions on speaking with the crown, as i'm preeettty sure they consider the officer's break the best deal possible so i don't want to waste anyone's time. all i'm trying to do is avoid going to the MTO and the insurance finding out about it during my renewal (which happens to be in Novermber as well).

My only concern is the officer did threaten me with "take it to court, and i will ask the crown to amend the speed back to the original". my question is regarding that statement. supposed i file not guilty, i will not be checking off the box that indicates "i want to question the officer". will they still amend the speed back? by amending the speed back, from what ive read on these forums regardin that subject do they inform me of their intentions to amend the speed then file a MOTION to amend it DURING trial while I am there? or is it once they send me my court date, with the intent to amend that it's it my ticket is permanenetly changed to the original speed and even if i elect to pay a few days before the trial and never taking it to court i could never just plead guilty to what the officer gave me for the 49?

what do you guys think? long story short, i just don't want to go to the MTO meeting (would be my second time as i have a 6 demerit point ticket already from novermber 2010) and i odn't want my insurance to see the new ticket at this renewal.

any advice would be greatly appreciated.


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Re: 49km/h over with reduced speed
PostPosted: Tue Aug 21, 2012 5:59 pm 
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in case in needed to clarify, the ticket for 6 demerit points has the demerits dropped off in november 27, which is why i want to delay when i get charged with the offence. just this amend speed back is scaring me shitless.


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Re: 49km/h over with reduced speed
PostPosted: Tue Aug 21, 2012 7:09 pm 
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You can change your plea to guilty and pay the 49 over anytime up until the start of the trial. This is also the point at which the prosecutor may request that the speed be "amended up" Not quite sure how backlogged the courts in Ottawa are for a traial date though. Have you considerd what to do if they give you a date before November 27?


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Re: 49km/h over with reduced speed
PostPosted: Tue Aug 21, 2012 7:31 pm 
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Joined: Tue Aug 21, 2012 5:36 pm
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ok that's good new that i can change the plea to buy myself some time!

as for what to do if the court date is sooner....i don't know. i've take two ticket to court before once in 09 (got the ticket in mid feb and had court date is mid may) the othe rwas in march mid 2010 and court date around end of july. so it seems its about 3 months ish for a court date in ottawa. that's what im hoping for this time. enter not guilty and request a trial date a few days before the deadline of sept 3, and hopefully i get a court date around mid november at which point by the time i plea guilty, mto hears about it, the 6 points come off and no mto meeting.
if it does come up earlier however, i guess there' nothing more i can besides meeting with prosecutor before the trial and see what he/she can do (most likely nothing at all) and i'll have to suffer the consequences.


another question, since the MTO meeting is a concern for me, suppose for the sake of arguments i have to plead guilty before nov27, is it an instantaneous thing to get a request for meeting? would they look and see that in a month or two i'd have some points removed?

alternatively, could i ask to postpone the court date if it doesnt work with my little plan?

thanks for all the help so far.


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