Reduced 119 kph in a posted 80 kph - construction zone

firsttimeuser111
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Reduced 119 kph in a posted 80 kph - construction zone

by: firsttimeuser111 on
Wed Jul 03, 2019 10:49 pm

I got pulled over on the 400 near where the construction zone starts.
The officer told me I was going at 132 kph. He did not show me his speed gun. No workers were present.

The ticket he issued me reads - "Speeding 119 kph in a posted 80 kph - construction zone"
Code R. Fine was not doubled.

I have a clean driving record otherwise. My main concern is with insurance.

Thanks to very helpful posts on this forum, I now understand that the insurance company only cares about types of convictions, not demerit points.

I would appreciate your input on three questions:

1 - I get that speeding over 1-49 kph is considered a minor conviction in the insurance company's eyes. However, I got very concerned because some online sources say that speeding in a construction zone is considered a MAJOR conviction. My ticket specifies speeding in a construction zone, but doesn't say anything about workers being present or not. Could this be considered a major conviction for insurance?

2 - I really hope not but if insurance companies consider my ticket a major conviction, is there a way I can get the "construction zone" dropped from my ticket by negotiating with the prosecutor, perhaps through Option 2 (plead of guilty - submissions as to penalty)?

3 - I'm considering taking Option 3 (trial option) to see if I can get the conviction dropped altogether by banking on the officer not showing up. But I get that if I fight this ticket in court, there's a chance I'll get charged for the unreduced speed of 52 over. In this case, is it possible for me to show up on the court date and if the officer does show up, just plead guilty to the 39 over before the trial starts? Is there even a slight chance that I may not be able to plead guilty to the reduced charge at this point?

Thanks!
Zatota
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by: Zatota on
Thu Jul 04, 2019 1:31 pm

According to the sources I checked, the offence would be considered minor. I couldn't find one that suggested being in a construction zone would make it a major offence, but am willing to defer to definitive information otherwise.

You have every right to request a trial, request disclosure, see what evidence the Crown has against you, etc. Right up to the point where the clerk reads the alleged offence and asks how you plead, you can plead guilty and be convicted at 39 over (it's a better idea, however, if you get that far, to tell the Prosecutor you will be pleading guilty; it's a bit faster and makes everyone happier). It is only if you plead not guilty at the start of the trial that the Crown would ask to amend the charge to 52 over.
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by: bend on
Thu Jul 04, 2019 3:48 pm

I also just looked over it, I don't see anything that would say a construction zone would fall under a major offense. but anything involving schools or school buses would bump up a normal offense to a major offense. School zones, playground zones, school crossing signs, school bus passing/stopping, etc. Nothing specific to construction zones, but nothing ruling it out either.

You can always contact your insurance company.
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