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Ontario Highway Traffic Act

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Speeding 47km/h over - First Offense
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PostPosted: Fri Dec 02, 2016 1:56 am 
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Joined: Fri Dec 02, 2016 1:49 am
Posts: 4
Hey guys, I was caught speeding 107 on a 60 zone. To be honest I did not see him coming and I was in a rush to get to class. The officer, in my opinion was very rude. As it was my first offense he just handed me the ticket and left without saying anything except to either fight my ticket or pay the fines. I have had my g2 for little less than a year and I really don't speed unless I have to. I'm currently under my parents insurance aswell. I was thinking of getting legal advice to fight itso I dont screw myt insurance over. I was pretty distraught getting the tickert but I mean I did kinda deserve it for running late to class but I can't risk my dad insurance on this. Whats gonna happen to me?


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Re: Speeding 47km/h over - First Offense
PostPosted: Fri Dec 02, 2016 7:54 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Officer being rude is not a defence. You being late and only speeding sometimes is not a defence.

That said, you have the right to see the officers notes before you decide how to plead. This first step you can take care of yourself without hiring a lawyer/paralegal so it will save you some $$$ and then you can decide if you want to hire somebody or not...

Plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, manual for any speed measuring device used). Once you get the officers notes, scan and post here so we can see if you have a defence. You can not decide how to fight it until you see the notes.

For any speeding ticket, whether 1 over (0 demerits) or 47 over (4 demerits) it can cause your insurance to increase the same. So if you are convicted of even a reduced speeding charge (say 29 over with 3 demerits), it will still affect insurance the same as if you got the full 47 over.

But I believe as a G2 driver that 4 demerits is an automatic 30 day suspension. So from a driving standpoint (not an insurance standpoint) you may want to try and get a plea deal down to 29 over. From an insurance standpoint, you would need to win at trial and get ticket dropped completely.

Did the officer reduce the charge to 47 over from something higher?

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+++ This is not legal advice, only my opinion +++


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Re: Speeding 47km/h over - First Offense
PostPosted: Fri Dec 02, 2016 1:12 pm 
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Joined: Fri Dec 02, 2016 1:49 am
Posts: 4
No the officer didn't reduce it. To add to my misery I was trying to ask whether ti reduce it and he completely ignored me and when back to his cruiser and drove off. He caught me from the oncoming lane. I'm pretty sure he was using a laser guided device as it was one of the new cop cars ( apparently militaristic ones)


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Re: Speeding 47km/h over - First Offense
PostPosted: Sun Dec 04, 2016 1:22 am 
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Joined: Fri Dec 02, 2016 1:49 am
Posts: 4
BUMPPPP I'm gonna file this on Monday but I'm still lost.


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Re: Speeding 47km/h over - First Offense
PostPosted: Sun Dec 04, 2016 9:47 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
As I said above...

Plead not guilty and request a trial with the officer present. Once you get your Notice of Trial, you can then request disclosure (officers notes, manual for any speed measuring device used). Once you get the officers notes, scan and post here so we can see if you have a defence. You can not decide how to fight it until you see the notes.

_________________
+++ This is not legal advice, only my opinion +++


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Re: Speeding 47km/h over - First Offense
PostPosted: Mon Mar 13, 2017 5:45 pm 
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Joined: Thu Nov 24, 2016 6:32 pm
Posts: 30
englebs001 wrote:
BUMPPPP I'm gonna file this on Monday but I'm still lost.


Follow jsherk's instructions. Come back when you've received disclosure and post what you received.


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Re: Speeding 47km/h over - First Offense
PostPosted: Mon Mar 13, 2017 6:01 pm 
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Joined: Fri Dec 02, 2016 1:49 am
Posts: 4
I received my disclosure but I do not know how to post it? as the file is 450KB


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Re: Speeding 47km/h over - First Offense
PostPosted: Sat Mar 25, 2017 8:05 am 
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Joined: Sun Dec 18, 2016 12:35 pm
Posts: 12
Upload any images on a site like imgur.com and post the link here


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Re: Speeding 47km/h over - First Offense
PostPosted: Sun Mar 26, 2017 4:43 pm 
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Joined: Thu Mar 09, 2017 2:04 am
Posts: 4
As a side question here .... Who does one speak to when asking for disclosure when it's a traffic ticket ?


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Re: Speeding 47km/h over - First Offense
PostPosted: Sun Mar 26, 2017 5:36 pm 
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Joined: Tue Dec 13, 2016 7:26 pm
Posts: 94
You can submit a disclosure request to the prosecutor's office at the courthouse that you filed your ticket.


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