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Ontario Highway Traffic Act

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getting my ticket reduced
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PostPosted: Fri Jul 30, 2010 2:10 pm 
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I was recently given a ticket for 85 km in a 50km zone. I was very familiar with the area and had worked a 16 hour shift. I never drive 85 in a 50. 60 km in a 50 yes but never stupid enough to do 85. I noticed I was in the 50 zone and just as I was to put the brakes on OPP pulled me over and gave me the full 35 kms over. It is my second ticket this year. Previously 1 in 20 years. I admit to speeding but want to get the speed and fine reduced. What is the best way to fight it?

1) Ask the officer if he has records of other tickets for the day see what the REAL speed limit is. ie. If he doesn't stop anyone until 70km in a 50km zone then the REAL limit is 70km/hr and I should only get 15km over

2) Ask for leniency and admit I was familiar with the area

3) OPP was on private property where he was parked, Not sure if this has any bearing?

4) Where he was parked and where I was nabbed was only 100 feet outside a 60 or 80 km zone (can't remember if it reduced to 60 before 50).

5) plead not guilty and fight it

6) guilty with an explanation


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PostPosted: Fri Jul 30, 2010 4:29 pm 
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Posts: 162
Location: Mississauga
Before you choose to plead guilty or talk to a prosecutor I suggest to consult with a professionals. You should deffinitely order disclosure and ensure that there is sufficient evidence against you.


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Re: getting my ticket reduced
PostPosted: Fri Jul 30, 2010 4:54 pm 
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piperapper wrote:
1) Ask the officer if he has records of other tickets for the day see what the REAL speed limit is. ie. If he doesn't stop anyone until 70km in a 50km zone then the REAL limit is 70km/hr and I should only get 15km over
I don't understand what you mean by the "real" speed limit. If you were speeding it doesn't matter what other people were doing or what they got, since issuing tickets (and the amount of reduction) is discretionary. Also, I don't think you're going to get other people's tickets in a disclosure request.

piperapper wrote:
2) Ask for leniency and admit I was familiar with the area
You could speak to the crown at a first attendance meeting and almost certainly would get it reduced.

piperapper wrote:
3) OPP was on private property where he was parked, Not sure if this has any bearing?
It doesn't.

piperapper wrote:
4) Where he was parked and where I was nabbed was only 100 feet outside a 60 or 80 km zone (can't remember if it reduced to 60 before 50).
Irrelevant how far into or out of the zone it was.

piperapper wrote:
5) plead not guilty and fight it
You could do that too if you want.

piperapper wrote:
6) guilty with an explanation
This will put you before a JP and will only allow you to make submissions as to the dollar amount of the fine. The points will remain the amount associated with the speed you were charged with.

The choice is, of course, yours as to how to proceed, but most people find it a good idea to file for disclosure to review the evidence that the officer has to present against you and then speak to the crown at a first attendance meeting about a plea (if your desire is to not contest the ticket).

_________________
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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