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Ontario Highway Traffic Act

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Family Death unconciously speeding 31 over
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PostPosted: Sun Jun 12, 2011 10:28 am 
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Joined: Sat May 21, 2011 12:12 pm
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My wifes Father my Father inlaw and friend passed suddenly, while on our way to Huntsville ontario with 3 screaming children in the back seat and no other vehicles on the road I was suddenly pulled over for speeding 31 over in a 90 on the highway. I didn't even realize I was speeding, the road was so smooth no other vehicles and my mind was emotionaly comprimised at the time. The officer reduced the ticket at road side to a 15 over. I decided I wanted to take it to court and hope for the courts mercy for the situation at hand but instead received a letter from the prosecuter that if it goes to trial he will be seeking an amendmant to the original quantum of speed. He provided me with disclosure and I tried to explain why it happened and that I truely was totally in a state of mind where I did not realize my actions and very possibly should not have been driving period. The actions of the officer did bring my mind back down to earth and actually that was a good thing it's just the ticket I realy don't want on my record.

Does anyone have any thoughts or recommendations as to how I should proceed. I have never had a prosecuter mail me in advance and take such a bold stance prior to the court date. Makes me think that he knows something I do not! Like possible the officer will not be available for the court date or something. In the disclosure there were no dates for the officers unavailability noted whatsoever.


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Re: Family Death unconciously speeding 31 over
PostPosted: Sun Jun 12, 2011 2:58 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Unfortunately speeding is an absolute liability offence, meaning that your state of mind isn't a justification that the courts will accept. While your situation may garner some sympathy, it won't result in a dismissal of the charge. If you're adamant about not having the conviction on your record, you'll have to simply go to trial and fight the charge.

The letter the prosecutor mailed you is not uncommon. Most jurisdictions do raise speeding tickets back to the full amount, and giving you advanced notice prevents you asking for an adjournment on the date of the trial by claiming you were unaware of the increased jeopardy. It's doubtful that it was mailed because the officer won't be available. If the Courts had advanced notice the officer wouldn't be available on the date of the trial, they simply wouldn't have booked it for that date.

You can certainly go to Court and see if the officer shows, but if he does I personally wouldn't risk a trial due to the increased jeopardy. Not unless there appears to be a lack of evidence to support the charge in Court.


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Re: Family Death unconciously speeding 31 over
PostPosted: Mon Jun 13, 2011 5:01 pm 
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Location: Toronto
Generally, Prosecutors will seek to amend all reduced speeding tickets back up to their original speed. You could meet with the Prosecutor in advance of the trial and try to plead for some sort of deal, but I'm not too sure it will work.

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* 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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Re: Family Death unconciously speeding 31 over
PostPosted: Mon Jun 13, 2011 5:31 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
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Plus you were given a break as good if not better than court. The Cop did not charge you for 31 over.

OPS


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Re: Family Death unconciously speeding 31 over
PostPosted: Mon Jun 13, 2011 5:52 pm 
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Location: somewhere in traffic
OPS Copper wrote:
Plus you were given a break as good if not better than court. The Cop did not charge you for 31 over.

OPS

Was that break due to screaming kids, or the nagging wife? Just wondering?

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