Stopped for 30-49km/h over but reduced...G2

jonsmith1911
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Stopped for 30-49km/h over but reduced...G2

by: jonsmith1911 on
Tue Dec 06, 2016 12:10 am

I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.

I only have my G2.

1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have rbc insurance. (only one car)


jsherk
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by: jsherk on
Tue Dec 06, 2016 8:57 am

Well normally I would say yes you should fight it, however you are a G2 license and if you go to trial and lose, you will be charged with the original 40 over (not the 15 over) and this is 4 points and a 30 day suspension for a G2 driver.

15 over is 0 demerits points and will not affect your ability to take your G test.

But remember that even 0 demerit points charge can still cause your insurance to go up, exactly the same as a 3 demerit or 4 demerit speeding charge.

So the PROS and CONS are:
- Fight it and win = no demerits and no insurance increase (but remember it takes time and money to win, with no gurantees of a win).
- Fight it and lose and get your license suspended for 30 days and possibly receive a small insurance increase.
- Pay it and possibly receive a small insurance increase, but no risk of suspension.
+++ This is not legal advice, only my opinion +++


Stanton
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by: Stanton on
Tue Dec 06, 2016 9:23 am

jsherk wrote:- Fight it and lose and get your license suspended for 30 days and possibly receive a small insurance increase.
I'm not certain, but I think the insurance increase in this scenario might be more severe because of the automatic suspension post conviction. I believe it would be considered non-administrative and therefore would also count against the OP's driving history. Not certain, just something to consider.




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bobajob
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by: bobajob on
Tue Dec 06, 2016 12:17 pm

15over or 49 over regardless of points is still considered the same as far as your insurance is concerned,
it will be classed as a minor offence (GENERALLY) you may fine a 5%-10% surcharge over 3-5 years
depending on your insurance company and how loyal you are.

1st offence is not going to be a problem, problem is, when you get TWO or THREE

which is why the people in the know always say to FIGHT every ticket, so you don't have a chance for number 2,
plus, if you DO get pulled over for again the LEO will know you have a conviction already and not be so kind.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail






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bobajob
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by: bobajob on
Tue Dec 06, 2016 2:06 pm

oh yeah sorry...........
your right.

argyll wrote:Bobajob. Read the above. This is about avoiding the suspension on points.
Last edited by bobajob on Tue Dec 06, 2016 2:08 pm, edited 1 time in total.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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bobajob
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by: bobajob on
Tue Dec 06, 2016 2:07 pm

lolz, yeah I suppose if you lose then your back to the original offence
argyll wrote:Even jsherk is wavering from his usual Fight Hard, Fight Everything, Fight Until the Justice Cries stance :-)
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


OTD Legal
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by: OTD Legal on
Tue Dec 06, 2016 4:37 pm

Jonsmith, much of the advice above is correct. To summarize a few points:

Regarding impact to insurance, check with your insurance broker. There is considerable variation from insurance company to insurance company on how risk assessment is calculated. Being that a 4 demerit point conviction would result in a mandatory 30 day licence suspension (assuming a first penalty under escalated sanctions for novice drivers), the record of suspension may also be taken into account by your insurance company in determining your cost of insurance.

Reduced speeding offences (especially at 15 km/h over the posted speed limit) are almost always all-or-nothing defences. Either there will be a legal argument based on the disclosure notes to have the charge withdrawn, or the matter will be plead guilty to on the trial date to the lesser rate of speed to avoid an amendment to the higher rate of speed assuming a caution from the Prosecutor of their intent to do so. There is always an outside hope for non-attendance, but generally this should not be the basis for deciding whether to proceed or not as officer non-attendance is very rare currently and Prosecutor's generally know in advance if there will be an attendance issue and simply file a motion to adjourn the trial date. In some very specific case scenarios there may be merit to running a trial if either rate of speed will result in non-insurability or licence suspension. However, the original rate of speeding in your case would result in a 4 demerit point conviction and the escalated sanctions suspension.

There are unfortunately no guarantees nor crystal balls in the legal system. You can opt to simply pay the ticket and be happy with the roadside reduction. You could alternately contest the offence, but not run a trial. There is always hope that there may be defects in the Prosecutor's case upon which to have the charge withdrawn, but there is also the chance that there will be no defects and that the best you can do is to have exhausted that opportunity before entering a plea of guilt. If you decide to proceed in contesting the offence at court, you will need to either ensure to fully verse yourself with these issues or retain a paralegal that can guide you through a somewhat more complex case than the standard speeding matter.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.




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