Need some suggestions.
I got caught going 129km/h NB Hwy404.
I was pulled over at Elgin Mills.
Cop said he was following me since hwy 7.
He then informed me that this was a construction zone which is 80km/h. Thats when I really got worried.
I really didn't notice any signs that stated 80.
Cop said he was following me, and said I had been going between 130-140. But I guess he reduced it to 129km/h. Said otherwise I'd be STUNT driving.
I was just going with the flow of traffic on the way to work. I happened to be the last car in the line up, so I go nabbed.
He also said the fines would be doubled due to the construction area.
My understanding is that workers must be present at the time of the ticket, and later inspections would indicate signs saying so.
I did a little research and found out, with official email documentation that there were no workers on the road until 1pm. My ticket was at 8:10AM.
I know money isn't a big deal. Ideally I would like it to be dropped completely.
My concern is... If I go to court, is there a possibility the Judge can remove the reduction and charge me with stunt driving and take away my license and car? for 50+
Should I just see the prosecutor and see what they will offer me.
I have a clean record. I haven't had a ticket in 12-15 years.
What should I do?
Let's just ignore whatever defense you think you have for now. Personally, i'd pay it and run before anyone notices. That and your charge would be amended to the original speed anyways.
The difference between 49 and 50 is astronomical. It's the difference between, lets say, a 5% surcharge or even a 15% versus a 100% surcharge for the next couple years. It's the difference between keeping your current insurance policy and being booted by your provider.
Sometimes it's not about win or lose but about walking away with your pants still on.
Workers being present or not only impacts the fine. You're still speeding and you can still be convicted of speeding at the end of the day.
If I go to see the prosecutor, does he have the authority to increase my ticket to stunt? Or is that only the judge or justice of the peace?
I thought I would likely be charged regardless, so I thought I would go to the prosecutor, get the fine maybe reduced and take my lumps and pay the ticket.
Do I have anything to lose by seeing the Prosecutor in other words?
Any more suggestions?
+++ This is not legal advice, only my opinion +++
I can see if they will lower it at all, and maybe remove the double fine since there were no construction works.
Or even just get the fine reduced and accept the remainder of the ticket.
Can the prosecutor do anything to raise the ticket speed back?
And if the prosecutor adjusts anything for me with the ticket. Can I pay it off then and there, or will I have to go in front of the judge anyway to plead guilty to this lesser amount?
No chance of conviction from prosecutor until at trial.
If prosecutor gives me a deal and I take it. Can i settle up with the prosecutor outside of the trial?
So basically, if the prosecutor won't reduce anything. I can either pay my ticket or go in front of the JP and plead not guilty or guilty to a reduced charge.
If the prosecutor gives me a break and says, lets reduce you down from 4 points to 3 points or something. I will go to court. The prosecutor will put forth the resolution and at that point the JP would likely agree with the Prosecutor? But can the JP say no, i don't agree with that resolution and decide to take my license?
If that is possible, is something like that likely to happen?
Thanks for the help
2-the JP will not reduce a charge, if the prosecutor does not stand up and state that you have reached a resolution for their consideration, the JP will only ask you how you plead to the charge before them, guilty-then you pay it as is, or not guilty-it goes to trial
3-the JP can say they do not accept the proposed resolution, very very rare...no the JP won't take your licence at that point...only after you have been convicted for 50Km/H over the speed limit under Section 128 and the prosecutor asks for the suspension-they don't always...
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