A couple months ago I was driving along Aurora rd. and got pulled over for speeding. I was in a rush to drive my friend home. The officer told me he clocked me at 55km/h over and to make matters worse, I was driving my mom's car and I couldn't find the vehicle permit and insurance. I guess he felt bad so he left me go with just a 48km/h over and a fail to surrender permit ticket. I have a trial date set for October, and just received disclosure a couple days ago. Any suggestions on what my options are?
So the good news is that there is no mention of the higher speed in the officers notes. If you go to trilal and LOSE and the officer testified to a higher original speed, then they can amend it up to the higher speed. But since the officers notes only mention the 108 in a 60 (and not the higher speed), this means there is nothing for you to lose by trying to fight it as the officer can only testify to what is in his notes.
Generally the officers notes seem complete, so beating it at trial will be near impossible unless you hire an expert witness to testify on your behalf.
However if you show up on your trial date and talk to prosecutor before trial starts, and they might offer you a plea deal and offer to drop no permit charge if you plead guilty to speeding. They have no obligation to offer you a deal, but they might. And you can also ask as well for a reduced speed if you plead guilty to speeding ticket. 29 over would be the next lower demerit point level you want to get to.
I have my trial date tomorrow and I found this post on redflagdeals: http://forums.redflagdeals.com/so-much- ... /#p9666727
I am a bit confused by this post, the officer wrote down the reduced speed on the ticket as well as disclosure (he said he caught me going 55km/h over, nowhere does it say this), does this mean my ticket will get thrown out if I point it out to the prosecutor?
Unless the higher speed is documented somewhere I don't know how you would prove that the speed in the officer's notes was wrong.
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