49 Over on the 400 + some extra goodies...

So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out to report my hit and run (someone hit me and left, I didn't see) and forgot to put it back in my car. I was charged $85 or something for that. Also, he gaves me $110 or something for an unsafe lane change. The writing on the ticket in the description is not very ledgible so I couldn't exactly make it out. I wasn't aware that the lane change ticket was 3 points. So, now I am sitting at 7 points. I can get my G whenever I want so I am getting right on that. So here's what I'm at for tickets...

- 49 over, yes he wrote "R" for reduced on it which my F me over

- failed to show insurance

- unsafe lane change

I took it to Xcopper, after taxes it is $508. Do you think it is worth it? What is my best option? Yes I know going that fast is unsafe, no need for smart ass "Yahoo Answers" style comments . Hope I could get all the help I can. I've been looking at ticketcombat.com and found some great info, it is almost inspiring me to go to a trial because of all the information available.

I do not have any tickets, accidents, etc. I would probably pay up to a grand for my insurance not to raise as it is already high enough.

Thanks in advance!

If X-copper can get one of the 2 moving violations tossed and or lowered then the $508 would be worth it. Otherwise you'd be slapped with full points and your insurance would definitely go up. That's just my opinion and you're still welcome to shop around. Good luck.

tristangemus wrote:

Of course, my insurance isn't in my car... I had to take it out to report my hit and run (someone hit me and left, I didn't see) and forgot to put it back in my car

I do not have any tickets, accidents, etc.

You just said your vehicle was involved in a collison. So you could possibly have a collision logged against your licence. Just FYI

hwybear wrote:

tristangemus wrote:

Of course, my insurance isn't in my car... I had to take it out to report my hit and run (someone hit me and left, I didn't see) and forgot to put it back in my car

I do not have any tickets, accidents, etc.

You just said your vehicle was involved in a collison. So you could possibly have a collision logged against your licence. Just FYI

I do not see how a not-at-fault hit and run can go against my record.

I reported the hit and run to the police the day of.

Reflections wrote:

If X-copper can get one of the 2 moving violations tossed and or lowered then the $508 would be worth it. Otherwise you'd be slapped with full points and your insurance would definitely go up. That's just my opinion and you're still welcome to shop around. Good luck.

Yeah, but I am almost positive that I can get it at least reduced 2 points. But I do not want to risk it.

A few of my friends have had tickets... But no one ever had two moving violations in one.

One had a 36 over and had all 4 points removed, and dropped to $45.

But getting it reduced is seeming like a problem now because of the other ticket and he wrote reduced on the ticket.

tristangemus wrote:

I do not see how a not-at-fault hit and run can go against my record.

Your insurance "record" (actually your rates, to be accurate) normally does not get affected by a not-at-fault collision.

Your driver record for the police, on the other hand, does record a collision - at fault or not.

Radar Identified wrote:

Your driver record for the police, on the other hand, does record a collision - at fault or not.

which the "police record" is the "MTO record", which the insurance companies have access to

Okay thanks for the clarification.

So any ideas on what actions I should take?

Should I go to the general court date that everyone goes so, see if they give me a good deal, and take it. If not, then actually go to trial?

What do you think are the chances of the unsafe lane change ticket being dropped? In my opinion it was unnecessary. Also considering the fact that he wrote an R on my 49 over ticket, do you think they'd reduce it to at least 2 points? Three people I talked to that got a 4 point speeding ticket were dropped to 0 points, but none of them knew if the cop wrote R on the ticket or not.

Request first attendance and see what the crown is willing to do.... and go from there. If the crown is willing to drop a touch more you would be good. Still just my opinion thou........ If you don't like the deal then you can still go to trial.

Okay thanks. Any other suggestions anyone? I'm thinking of going to the first court date like you said and seeing what there are willing to do.

tristangemus wrote:

Also considering the fact that he wrote an R on my 49 over ticket, do you think they'd reduce it to at least 2 points?

Whether he wrote "R" or not, the Prosecutor will be aware of your original speed. They receive a briefing and evidence from the officers regarding traffic stops, so they know if your ticket was reduced. They actually don't bother checking the code box to find out, they just ask the officer. You may be able to get the 49-over reduced to 29-over or maybe (if you're lucky) "Disobey Sign," which is 2 points, if you also agree to plead guilty to the "unsafe lane change" ticket. See what deal you can come up with. And just rewinding to your original post for a second...

tristangemus wrote:

So, now I am sitting at 7 points.

Actually, you're sitting at four... or you would be if convicted. Confused? Demerit Points from tickets that came from the same event are not compounded; instead, they take the biggest one and apply it. So if you got one ticket that carries four demerit points, and another that carries three, they'd get four demerit points added to your record, although both convictions would appear on your abstract. Likewise, if you go charged with Careless Driving (6 points), Follow Too Closely (4 points), Speeding 48 km/h over (4 points), Red Light - Fail to Stop (3 points), and Improper Opening of Car Door (2 points), all at once... you'd actually be facing 6 points only, instead of 18. If, however, they all came from different traffic stops... then you'd be looking at 18 points.

Oh wow, I had no idea of that. That makes me feel a lot better, thanks for clearing that up! So my last question, is it worth $508 to try getting X-Copper to get it reduced? Because like I said earlier, I know I can get it dropped at least a little bit myself. Four people I know that received 4 point tickets were reduced to none, to at least a two point drop will be no problem (I am guessing).

Radar Identified wrote:

tristangemus wrote:

Also considering the fact that he wrote an R on my 49 over ticket, do you think they'd reduce it to at least 2 points?

Whether he wrote "R" or not, the Prosecutor will be aware of your original speed. They receive a briefing and evidence from the officers regarding traffic stops, so they know if your ticket was reduced. They actually don't bother checking the code box to find out, they just ask the officer. You may be able to get the 49-over reduced to 29-over or maybe (if you're lucky) "Disobey Sign," which is 2 points, if you also agree to plead guilty to the "unsafe lane change" ticket. See what deal you can come up with. And just rewinding to your original post for a second...

tristangemus wrote:

So, now I am sitting at 7 points.

Actually, you're sitting at four... or you would be if convicted. Confused? Demerit Points from tickets that came from the same event are not compounded; instead, they take the biggest one and apply it. So if you got one ticket that carries four demerit points, and another that carries three, they'd get four demerit points added to your record, although both convictions would appear on your abstract. Likewise, if you go charged with Careless Driving (6 points), Follow Too Closely (4 points), Speeding 48 km/h over (3 points), Red Light - Fail to Stop (3 points), and Improper Opening of Car Door (2 points), all at once... you'd actually be facing 6 points only, instead of 18. If, however, they all came from different traffic stops... then you'd be looking at 18 points.

See what Xcopper says and go from there. I'm not inclined to say "don't hire a paralegal," but gather some info and see what you think is best.

Okay well I already paid them. A couple of my friends have had success with them. I'll keep everyone posted, thanks for the help!

Court date tomorrow! 9am

well the first thing i think you should do is request a trial (this doesn't mean you have to fight the ticket in court...yet). send a request for disclosure, to make sure the officer has notes written down against you. after getting disclosure you will see how strong of a case the officer will have against you. if you find that he doesn't have much on you, you can go to fight it. if you think they have lots on you, you can meet with the prosecutor and basically give him a sob sorry and since you have no other tickets he should reduce it dramatically.

but really before you pay anyone for anything...do what you can do for yourself for free. after you talk to people and have the disclosure from the cop who pulled you over you can make the decision to hire legal aid better.

Had my general court date today, the one with everyone else who received a ticket from that officer.

Original thread: http://www.ontariohighwaytrafficact.com/topic3581.html

- 49 over reduced from 53 over on the spot (4 points)

- unsafe lane change (2 points)

- failure to surrender insurance

Over $500 in tickets

After having a 20 second discussion with the prosecutor, she reduced my speeding ticket to 29 over (3 points) and withdrew both other charges which was great. Yeah I walked out with three points but hey, they could have impounded my car! Overall, happy with the outcome.

gabe wrote:

after you talk to people and have the disclosure from the cop who pulled you over you can make the decision to hire legal aid better.

Just to clarify, you can't hire legal aid. You can hire a lawyer or a paralegal. You can apply for legal aid and, if successful, they will give you a certificate which you can use to hire a lawyer and then legal aid will pay the lawyer. That being said, legal aid usually only funds certificates for provincial offences if the crown is seeking jail time.