40 over in a 40km/h zone
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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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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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.
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
What is considered by the courts an unacceptable time for getting a trial date set?
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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.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?
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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