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HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in 90
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PostPosted: Wed Apr 20, 2011 1:47 pm 
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Joined: Wed Apr 20, 2011 1:26 pm
Posts: 4
Hello folks!

I was nabbed doing 126km on a 90kph divided highway. The OPP officer did not knock it down at all.

My question is how to proceed in trying to get the charges knocked down?

I see I have two options: Plea of Guilty and request submission to my penalty OR Trial Option...

My defence is that I was approaching my exit (I was 2 kms away) and was in the fast lane (it's a two lane highway). There were a number of slower moving trucks and cars in the slow lane. I could not squeeze in between them so I made the decision to speed up to get around them (slowing in the fastlane was not a safe option as there was traffic approaching behind me). After speeding up, there was the cruiser waiting before my exit.

What strategy is recommended to plead my case? I don't expect miracles but would like to attempt to have the charge lessened.
Any pros and cons with either option is appreciated!

Thanks!
Fergie


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Re: HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in
PostPosted: Wed Apr 20, 2011 5:52 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
Your reason for speeding is not a legal justification and likely won't garner any sympathy from the Courts. Your best bet is to select option 3 (trial) and request a meeting with the Crown prior to your trial date. Crowns will typically offer you a deal to plead guilty to a reduced speed. The problem with option 2 is that there is no guarantee you'd be given a lesser fine and you'd still be found guilty of 36 over (you're pleading guilty to the charge so the speed won't be reduced). With a plea deal you know ahead of time you'll be getting a reduced fine and have a less serious conviction on your record.


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Re: HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in
PostPosted: Wed Apr 20, 2011 6:11 pm 
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Thanks for the clarification! I did not understand that the guilty submission locked me into the 36 over charge, so thanks!

I agree and understand that the argument is not legal justification. I am hoping that whoever I deal with can understand that I was trying to do the safest thing for myself and the motorists around me (even if it meant driving at 126 kph)!


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Re: HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in
PostPosted: Sun Apr 24, 2011 12:13 am 
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The Prosecutor won't buy that as the "safest thing" for yourself. Their attitude is that you should have slowed down, and moved over to the right lane, period - even if there were vehicles approaching from behind. I've done the same thing you did on many different occasions, so I know why you did it, however that logic will not help you in court. I wouldn't even mention your justification to the Prosecutor. Just go in and seek a reduction. Explanations are not required, and furthermore, usually they make things worse when they're used. (There are some cases where they do work but those tend to be few and far between.)

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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: HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in
PostPosted: Tue Apr 26, 2011 1:01 pm 
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Joined: Wed Apr 20, 2011 1:26 pm
Posts: 4
Thanks for the input!

Any other advice about bargaining?
Do people agree that they don't want a reason for the infraction to knock you down to a lesser charge,
they just want to get you off the docket asap?


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In tomorrow to request a trial, do I...
PostPosted: Wed Apr 27, 2011 9:00 pm 
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request a trial or request a meeting with the crown?

The receptionist on the phone said there were two options that I had to decide on!


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Re: HOW TO PROCEED? Speeding On KW Hwy 7/8 Expressway:126 in
PostPosted: Thu Apr 28, 2011 5:19 pm 
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Posts: 2881
Location: Toronto
You do not need a reason to bargain for a reduced charge. Do not get into justifications, reasons, etc. Some Prosecutors may listen, but the majority of them will not and may, in fact, yank an offer of reduction off the table if your "explanation" seems tantamount (to them) to aggressive or careless driving.

If the trial date is already set and there was no First Attendance meeting offered or scheduled, simply show up and see if the Prosecutor is willing to offer you a deal. Chances are, they will. That's all you need.

_________________
* 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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