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Ontario Highway Traffic Act

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91km in a 50km zone
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PostPosted: Tue May 18, 2010 9:59 am 
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Hi all,

My fiance was tagged doing 91 in a 50 yesterday and I've been in a flurry of reading and asking questions with everyone I know who's had tickets. This site has been very helpful to others, so I'm interested in hearing any suggestions.

First, a few facts:
- this is her first ticket and has no other driving charges on her record
- it was early in the morning and she was heading to a location for work that is not her usual office
- she merged from a one-way 3 lane stretch of road to a 4 lane two-way road and was caught
- everything on the ticket looks legit, the officer wasn't rude or anything, and said it was closer to 30 over he would have reduced it - he suggested she either go to court and exercise option 2 (guilty, attempt to pay less) or fight it entirely

We don't plan on hiring anyone, but don't want to pay it out right either. Option 2 sounds reasonable, but how likely is it to be reduced to a lesser charge?

One friend had this suggestion:
- go in and plead not-guilty and get a court date
- request a "first attendance" in advance of the court date
- go in and speak to the prosecutor and attempt to get the charge reduced

So...what are everyone's thoughts out there? Thanks!


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PostPosted: Tue May 18, 2010 2:22 pm 
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Just be aware that if you plead "guilty with an explanation" you can make submissions to the JP as to the sentence (the dollar fine) but the conviction will still be for 41 over and the points associated with that speed will go on your record.

If you want to try to plead to a lesser offence (a lesser speed) you will have to discuss that the the crown at a first attendance meeting.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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PostPosted: Tue May 18, 2010 2:23 pm 
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Joined: Tue Feb 02, 2010 9:47 pm
Posts: 38
Personally, I'd fight it. But I'm in school with no regular income to worry about. If you decide to go to court you really should check out ticketcombat.com

If you go to court anyways the prosecutor I'd say 90% of the time offers bargans if you plea guilty. If you choose option 2 it's kinda the same thing only it's a Justice you're dealing with, the points remain unaffected, and you are flat out admitting that you were speeding from the get-go.

New work location and "it's my first ticket" will NOT hold up in court if you're fighting it. Think outside the box.


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PostPosted: Tue May 18, 2010 4:40 pm 
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I'd suggest, at least, choosing option 3... at least that opens the door to different options whether you want to plea-bargain, fight it out in court, etc. The Crown will probably offer 29 km/h over the limit as a plea-bargain. If you're lucky, they may accept 15 over.

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