speeding ticket any leg to stand on?

Dar
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speeding ticket any leg to stand on?

Unread post by Dar on

during march break I received a ticket, 133 in 100 zone, reduced 129 in 100 zone, ticket fee total payable 128.75, does not say demerit points however in researching there is 3 demerit points with this conviction. I have requested disclosure and did intend to fight but I don't think I have any kind of defence other then my belief that I was not speeding which is my belief I was in a rental vehicle and was not paying attention just going with the traffic flow heading to Toronto, here is the officers notes:

- vehicle observed coming up behind me at HROS
- rear ant locked at 133 km/h
- PON issued

serial # G25-24357
tested at 0931 hrs and 1730 hrs passed

qualified on 5 July 2014

that's it, no date, nothing else
I received my ticked on march 15 @ 1:10 pm

Is there anything I can pull outa this? as I said I don't have any kind of proof other than my belief that I was not speeding. The court case and date is next week in Napanee should I drive there and just take what I get or contact and say I want to pay as I don't know what else I can do.......any help or advise would be greatly appreciated!!


FryDaze
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Unread post by FryDaze on

You sure that's the total payable amount? Based on my math I believe you may have a fatal error... should be $138.75.

Anyone else wanna chime in on this being a fatal error??


argyll
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Unread post by argyll on

Or bad handwriting ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Dar
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Unread post by Dar on

No my mistake, its 138.75 so I guess I'm toast?


Stanton
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Unread post by Stanton on

That is the correct fine.

Unfortunately your belief that you weren't speeding wouldn't be of any benefit in Court. Unless you can dispute the radar/laser reading, it will be considered the defacto speed of your vehicle. Also, if you state you were just going with the flow of traffic and not really paying attention, that kind of weakens any argument that you really know what your speed was.


Dar
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Unread post by Dar on

because I was moving with traffic and believe I was not speeding instead of a conviction and demerit points what if offering to do community service for couple hours to have the case dismissed? does anyone think that it would be ridiculous or worth recommending?


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Decatur
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Unread post by Decatur on

Community service is not an option at all in Provincial Offences court.


Dar
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Unread post by Dar on

In regards to my previous post "any leg to stand on"? Received a ticket that was reduced to $138.75 going 129 in 100 km zone, Is there any hope to drive the 3 hours to court and ask the jp to dismiss the demerit points and pay the fine? Can this be done? Or do I have to accept a conviction as I have nothing to go on to fight innocence.....any help, advice would be hugely appreciated as the court date is next week and I must decide what my options are....thanks


argyll
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Unread post by argyll on

Points are automatic from the Ministry. You're either guilty and you get them or you're not and you don't. Whether the crown would entertain a guilty plea to 15 over which has no points is something to look at. Remember that insurance companies don't care about points, just convictions so 15 over and 39 over are the same in their eyes.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Dar
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Unread post by Dar on

my last hope......if the officer does not show up in court is that my only hope at this point?? or did I have to specifically request the officer be present as I only checked I wish to despute?? Thanks so much


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Unread post by Decatur on

You have to specifically request that the officer be present if that's what you want. They wont be there and since u didn't request them, you can't have it tossed out if they don't show.






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