Going 114 in an 80

gonetoofast
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Going 114 in an 80

by: gonetoofast on
Fri Aug 27, 2010 9:55 am

So at 2:45 AM i was driving down the Allen expressway, I only noticed one other car on the road but there was an undercover cop car behind me. I didn't pass the other car but i was definitely going faster than it and it was in my lane. I turned onto eglington and the cop car followed me and turned on his lights and pulled me over.

I already have some points for illegally turning onto my street during rush hour and the extra 4 points (and $250 ticket) is going to destroy me.

The only excuses i can think of is that it was 2:45 AM and i didnt even realise how fast i was going since i wasn't passing anybody and there was literally nobody else on the road. I was also thinking of arguing that i am a student and cannot afford such a large fine (that worked once with a drinking ticket).

I've heard that i shouldnt give excuses because they don't like that and also if i can get them to drop the fine ammount, then the demerit points drop with it,

any ideas?? at this point i've got pretty much none.....


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by: Radar Identified on
Sat Aug 28, 2010 1:33 pm

Excuses are not going to get the ticket dropped, nor will it result in you being found not guilty. Speeding is an "absolute liability" offence, which means that the standard for conviction is that the Prosecutor proves that you exceeded the posted speed limit. How, and why you were speeding, is irrelevant in the eyes of the law.

Once they've proven that you were speeding, you only have one defence: Defence of Necessity. In other words, there was a serious (read: life-threatening) emergency that made it necessary for you to be speeding. Lack of awareness of how fast you were going, the road conditions, a malfunctioning speedometer, etc., are not going to result in the charge being dismissed.

That said, your best option is to pick option 3 on the ticket and file a Notice of Intent to Appear. When you get your court date, you can then file for disclosure to get the evidence against you. Sometimes, they screw up and you can get a stay of the trial. Or, you can plea-bargain to a lesser infraction (e.g. 15 over the speed limit). The officer may not show up, or may have poor evidence. Those are your options...
* 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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