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Ontario Highway Traffic Act

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35 Over Reduced, Quick Question
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PostPosted: Wed Jul 08, 2009 4:53 am 
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Joined: Wed Jul 08, 2009 4:21 am
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Hello everyone,

This is my first post but I've spent hours reading these forums. I have to admit that I find much of this very interesting, and a lot of the jokes quite humourous. In any case, I was hoping to ask a couple of quick questions about my recent speeding ticket.

For the most part I am fine with paying my fine (the kind officer reduced it from 35 to 15 over as it was my first offense) but the more I read the more I fear a large hike in my insurance. I figured it wouldn't hurt to double check a couple things.

I have heard from a few places that if the officer did not sign my copy of the ticket in ink and just used the carbon copy to transfer his signature that the ticket was invalid. This idea seems ridiculous to me but I thought I would check in any case. I couldn't seem to find any references that cleared this up through the search function. If in fact the officer must sign my copy separately, what is the best course of action to then take here?

The ticket is contrary to the HTA, Sect. 128. It occured on 16th Ave, west of Bayview where the limit drops down to 50kph. I am 20 years of age and about a week away from finally becoming primary driver (and primary insurance payer) on my own vehicle, hence my worry. I am grateful for the officer's leniency but just want to explore all my options.

If I were to choose option three, get disclosure to make sure the ticket he wrote is valid (check to ensure proper testing of the machine and other items listed on TC website) and then decided to just pay the fine, can I? My biggest fear in challenging is that the ticket will be hiked back up to 35 over which would really hurt me.

What I really want is to get disclosure, and if everything is in order, then pay the fine. Can they amend the ticket prior to the trial date, and if not, can I change my plea to guilty before the trial date to ensure I only pay the $52.50 (and get no demerits) for doing 15 over?

Thanks so much in advance. This really is a fantastic website and wish I had found it a few months back to help out a friend.


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PostPosted: Wed Jul 08, 2009 8:32 am 
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Joined: Tue Jan 22, 2008 9:38 pm
Posts: 632
Location: Stratford, Ontario
Definitely plead 3). Wait for your trial date to arrive in the mail. Then request disclosure. You can change your plea back to guilty any time you want, right up to the moments before your trial starts.

You want to show a clean record when you get your full G license and start your insurance policy. Until you are CONVICTED (guilty) you have a clean record and can honestly report that to your agent. If this ticket were to have an effect on your insurance rate, you have at least saved ONE year of insurance hikes (insurance calculates rates based on convictions within a 3-year period) because you have started your policy BEFORE your possible conviction.


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PostPosted: Wed Jul 08, 2009 8:43 am 
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Posts: 2881
Location: Toronto
I'd follow Bookm's advice. You're not looking at demerit points. The insurance hike for 15-over would likely not be catastrophic, but it's a good stalling tactic. Some insurers, mine included, won't raise your rates if you only have one ticket for 15-over.


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PostPosted: Wed Jul 08, 2009 5:55 pm 
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Joined: Wed Jul 08, 2009 4:21 am
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Thanks gents, very much appreciated. I'm off to do that in the morning then. Is it safe to assume that the ticket won't be brought back up 35 over, if ever, until my date in court? Basically I'm wondering if the prosecution can get the ticket increased and then I would be notified through mail or if it has to be done in front of a justice in the court with me notified of the time.


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