Should I choose option 2 or option 3

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Joined: Thu Mar 17, 2011 8:17 pm

Should I choose option 2 or option 3

by: atlnguye on
Thu Mar 17, 2011 9:10 pm

I just got a speeding ticket in Centenial park 50 km zone while I am running 81km as the policeman said. I was shock so I did not say anything but I am sure that I only drove at 70 km since I have just scan through my speed odometer and I tried to slow down. Besides I just made a right turn from Rathburn and I following another car. How can I drove 81? I would be agree with the police for 70 but not 81. I was advised before not to argue or disagree with the police so I did not ask any thing.
I want to go to the court for this but should I choose option 1 or option 2?
What are my chances?
Please advise. Thanks.
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Radar Identified
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by: Radar Identified on
Fri Mar 18, 2011 12:20 am

Just a couple of explanations...

Option 1 - Guilty plea with payment out of court. You'll get the total payable, demerit points, and likely a good insurance increase.
Option 2 - Plead guilty with an explanation. You will appear before a Justice of the Peace, and explain why you were going 81 in a 50. You may get a reduced fine, but that's entirely at the discretion of the Justice of the Peace. You will get the same demerit points, and likely a good insurance increase.
Option 3 - Not Guilty with a Trial. You will get a trial scheduled. Possible outcomes of that:

1. You fight it all the way, get convicted of the original offence. Same outcome as option 1 (maybe a slightly bigger fine), but it takes a lot longer to end up on your record.
2. You fight it all the way and win at trial. Charge dismissed. $0 fine, 0 demerit points, no insurance increase. (This doesn't include time/money you'd spend fighting it.) Just as a caution: Speeding tickets are very difficult to contest and most "wins" are actually technicalities.
3. The officer doesn't show up for trial. Charge withdrawn.
4. The Prosecutor fails to provide proper disclosure, you file a motion to stay the charge, JP (Justice of the Peace) grants it. Charge dismissed. (JP would usually just order an adjournment so the disclosure could be provided to you.)
5. It takes too long for it to go to trial, you file an 11B motion, and the charge gets stayed. (We're talking 1 year+).
6. You plead guilty to a lesser speed, like 15 over. Reduced fine, 0 demerit points, possible insurance increase (depends on your provider).

It's your decision as to what you want to do with it. FYI - "disclosure" is where you obtain the Prosecutor's evidence against you prior to trial, including the officer's notes and the radar/laser manual.

Hope this helps getting you started...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * OR
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by: runeash on
Fri Mar 18, 2011 8:29 pm

What are the chances, I just got pulled over for 81km/h close to your location by eglington and central pkwy. It was bald, undercover cop with scotish accent, I wonder you had the same one. He did drop it down 65km/h in a 50km/h suggesting not go to court to avoid amending the full 81km/h which is 4 demerit point and ~252 fine. I slowed down way before and the road is curvey, I wonder his radar picked up it from far. I wonder if you had the same cop and he is using 81km/h for all of us in that area. I had one minor ticket for which 3 years end this september and my renew is march 10 so by next renewal I would be back to one minor ticket assuming it is considered a minor and my insurance johnsons allows one minor. What should I do?

Mississauga is pretty fast with court dates and to get the disclores and then having enough time to still plead guilty before the court date seems little risky.
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