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Ontario Highway Traffic Act

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40 over in a 40km/h zone
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PostPosted: Tue Aug 25, 2009 3:42 pm 
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Joined: Tue Aug 25, 2009 3:28 pm
Posts: 4
Location: Oakville
Hey,

This forum seems to be a good resources for suckers like me.

I was coming down Renforth just south of Eglington in Etobicoke and I got pulled over and ticketed for being 40over. I wasn't really paying attention to the speed limit because i just recieved some bads news (in writing) that I might not have a job soon. I was driving behind a car that was doing the same speed as me and I noticed the cop when i went to change lanes.

40 over the limit seems really high to me but there's a good chance I was over. Consider that I have two other speeding tickets within the last six month should I fight it or pled guilty with an explanation?

Ryan


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40 Over - What you can do about it.
PostPosted: Wed Aug 26, 2009 10:31 pm 
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Joined: Thu Apr 03, 2008 7:13 pm
Posts: 26
Location: Belleville, ON
When charged with going 40 Km/H over the limit you may have some options. You could plead Not Guilty(Option #3) and request a Court date. You or your agent should then request and review the Disclosure for your case(All the Evidence that the Prosecutor plans on using against you) and seek out possible Defences. Most speeding tickets are won on technicallities should as improper identification, equipment errors, failing to test the equipment, etc.

If after going through all the evidence it is clear that no defence will work in your favour, do not give up there. You or a Licenced Paralegal can often enter into negotiations with the Prosecutor to see about entering a Guilty Plea to a lower speed. The most common speed to negotiate to from the speed you were charged at would be 69 Km/H in a 40 Km/H zone. This would reduce your fine to the $160 Range(in Total) and would also mean a reduction in the demerit points from 4 to 3. Many insurance companies(although not all....) would view a conviction of less than 30 Km/h over the limit as minor, but beware that some insurance companies would consider any conviction of 49 Km/H over the limit as minor.

If you are unsure of what to look for in the Disclosure or need assistance requesting it, you should read further on www.OntarioHighwayTrafficAct.com or contact a Licenced Paralegal for further information.


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PostPosted: Thu Aug 27, 2009 6:57 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Problem with "pleading guilty with an explanation" is that you're still pleading guilty to 40 over. The JP has the option to lower the fine but the big hit is going to be your insurance.

David Chatten gave you a good reply here so no point in repeating it. Fight the ticket. It's the only way to (possibly) mitigate the impact on your insurance rates.


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PostPosted: Thu Sep 03, 2009 10:17 am 
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Joined: Tue Aug 25, 2009 3:28 pm
Posts: 4
Location: Oakville
Thanks for the info guys!

I'm going to definately fight it and see what evidence is against me and go from there. My intuition tells me that this officer might be a slacker, he was old, didnt even notice my expired sticker and when i tried to talk to him he just told me to deal with the courts because he didnt want to hear it.

Ryan


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Right to a timely trail
PostPosted: Mon Sep 14, 2009 12:25 pm 
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Joined: Tue Aug 25, 2009 3:28 pm
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Location: Oakville
I requested a court date and they told me I should recieve a notice in about 6 months with a trial date.

What is considered by the courts an unacceptable time for getting a trial date set?


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Re: Right to a timely trail
PostPosted: Mon Sep 14, 2009 1:29 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
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Location: somewhere in traffic
robo wrote:
I requested a court date and they told me I should recieve a notice in about 6 months with a trial date.

What is considered by the courts an unacceptable time for getting a trial date set?


When was the offence date and when is the trial date?? 12 month's between is a good case for an 11b Charter arguement. 11b, is the right to a speedy trial.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Tue Sep 15, 2009 12:36 pm 
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Joined: Tue Aug 25, 2009 3:28 pm
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Location: Oakville
it happend on Aug 25


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PostPosted: Thu Sep 24, 2009 2:51 pm 
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Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
Toronto courts are pretty backlogged. There is a good chance you case will be delayed. 12 month delay is a "guideline" only. You may have a valid 11b argument even if the delay is less than 12 month.


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