Explanation of "I intend to challenge" phrase plea

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sblaney
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Explanation of "I intend to challenge" phrase plea

by: sblaney on
Wed Jan 28, 2009 3:30 pm

i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i quickly found out that the car that had moved into the middle lane before me was in fact an officer. He immediately pulled me over and gave me a ticket for going 132km/h.

Its not so much the fine that i am having a problem with, but the points. Its that I travel the 401 a lot and in the 10 years i have been driving it, i've never gotten a ticket. I always drive it at a reasonable speed, which is to say that I usually set my cruise for 115 but in this instance I was trying to get home to a sick child who in fact had an appendectomy the following day. :( I know, boohoo. But I kept my replies to simple YES/NO and did not try to hand the officer a sob story.

So, instead of sucking up the full penalty, i would like to try to get it lessened. I know I would choose option 3 in this instance, but what about the "i intend to challenge the evidence" phrase. What do i do here? I do not intend to challenge any radar evidence and i didn't ask to see the reading. I want to try and get the demerit points lessened because i have a good driving record and i'd like to keep it that way.
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Bookm
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by: Bookm on
Wed Jan 28, 2009 3:39 pm

And the turkey blockin' the left lane gets positive reinforcement for his pathetic lane etiquette. Fantino has this Province SOOOO screwed up!

Call the Prosecutor at the court shown on the back of the ticket. Tell him your story and ask if, in order to avoid a trial, he would consider a plea bargain to a lesser charge (maybe "disobey sign" = 2 points).

Here's an article that describes the process:
http://www.cbc.ca/consumers/market/files/cars/tickets/
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sblaney
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by: sblaney on
Wed Jan 28, 2009 3:51 pm

If i show up at the given trial date early, don't get that opportunity to speak to the prosecutor then?

I have no idea how to answer the "intend to challenge" checkbox if i indeed check option 3.
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Reflections
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by: Reflections on
Wed Jan 28, 2009 4:07 pm

sblaney wrote:If i show up at the given trial date early, don't get that opportunity to speak to the prosecutor then?

I have no idea how to answer the "intend to challenge" checkbox if i indeed check option 3.
Check option 3 and talk to the prosocuter before the trial. If they agree to what you're asking they will do all the talking. Is your record clean?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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ticketcombat
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by: ticketcombat on
Wed Jan 28, 2009 4:12 pm

Just be careful. Remember your insurance company is looking at the number of convictions you have. They will probably let the first one slide, but now you don't have any elbow room next time.

Always choose option 3, even if you're not going to fight the ticket. It gives you a little more bargaining power with the prosecutor.

A solid disclosure request (there's one on my site, just put your name on it) also gives you more bargaining power. It shows you are serious about fighting the charge but are willing to compromise by pleading to a lesser charge. They will likely be more willing to compromise too.

If you can get the speed reduced to 15km/h or below, there won't be any points.
Fight Your Ticket!
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sblaney
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by: sblaney on
Wed Jan 28, 2009 4:22 pm

I got a ticket 3+ years ago in another province. No tickets in ontario ever.

I do intend to get there early to speak to the prosecutor, but do I check the INTEND TO CHALLENGE? or not?
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ticketcombat
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by: ticketcombat on
Wed Jan 28, 2009 6:11 pm

Ontario has reciprocal agreements with other provinces. You get a ticket there, it comes on your record here. If that ticket is still on your record, this would have implications. MTO keeps the conviction on your record for 3 years, demerit pts for 2 years. Insurance companies keep records up to 6 years.

Always check the intend to challenge box regardless of whether you plead guilty or not.
Fight Your Ticket!
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Reflections
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by: Reflections on
Wed Jan 28, 2009 7:14 pm

sblaney wrote:I got a ticket 3+ years ago in another province. No tickets in ontario ever.

I do intend to get there early to speak to the prosecutor, but do I check the INTEND TO CHALLENGE? or not?
You have to tick the 'Intend to Challenge", so that they can schedule you in court. 3+ years is for insurance only, that ticket can be seen by officers for ever......deep voice........EVER.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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