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Ontario Highway Traffic Act

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2 tickets I'm scared
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PostPosted: Sun Jul 22, 2012 7:32 pm 
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In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of my mind. This is a brand new job for me, one that took a year to find. I'm out of town and now have to go to London to Court. I picked Option 3 because I am afraid to lose my job. I am hoping to see a Prosecutor before the Judge. I'm willing to plead guilty but I'm afraid of the points . Is there any chance I could have the fine reduced. I didn't get a break here at all. I am a good citizen and made a mistake. I'm a single Mom and I cannot lose this job! It is a Company vehicle. I wasn't concentrating at all. My Father was gravely ill and soon to die. I cannot believe this happened to me! Horrible timing!

Has anyone ever been to the Court House in London? What can you tell me will happen? I want to go in prepared.


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Re: 2 tickets I'm scared
PostPosted: Sun Jul 22, 2012 7:46 pm 
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Location: Toronto
First of all, does your company require a clean driving record? If they do, how do they keep track of it? Do they require you to regularly submit your Driver Abstract?

Second, when the Notice of Trial arrives in the mail, submit a disclosure request. (See the "Courts and Procedures" section of this website.) It will guide you on what to ask for. Let us know what information you get from it and we can guide you.

Generally, in cases like this, they'll probably drop your speed to 15 km/h over the limit (that is, if you are polite and professional when dealing with the Prosecutor). This is 0 demerit points. The cellphone ticket is 0 demerit points also. At 6 demerit points, you get a threatening letter from MTO. At 9, they usually bring you in for a "Stern talking to," which is usually all it amonts to. At 15, your licence should be suspended. Demerit points are kept on your record for 2 years.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Re: 2 tickets I'm scared
PostPosted: Sun Jul 22, 2012 8:01 pm 
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The Company say's they do and they said they can ask for an Abstract at any time. I had a clean record and then this happened. I don't know the answer to the question, do they keep track of it?

This sounds encouraging. Will do so when I get the Notice of Trial.


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Re: 2 tickets I'm scared
PostPosted: Mon Jul 23, 2012 6:10 am 
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Explain what you mean "The Officer made me open my purse and show him my phone. "

It's too late now - but if you're ever in this scenario again - do NOT open your purse or show any officer your phone. Make them get a warrant if they want to see your phone. Best of luck. Don't be intimidated... it's just traffic court.


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Re: 2 tickets I'm scared
PostPosted: Mon Jul 23, 2012 7:58 am 
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Yes when he came over to the window, he said did you put your cell phone back in your purse? Can you open it and please and turn it off.


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Re: 2 tickets I'm scared
PostPosted: Mon Jul 23, 2012 3:40 pm 
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notsofungal wrote:
Yes when he came over to the window, he said did you put your cell phone back in your purse? Can you open it and please and turn it off.



That is not really making or ordering you to do anything. Plus it is not even searching our purse.

He asked you to do something and you did with out any coercion or inducement or threat.

We are allowed to do this. You do not have to do it.

OPS


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Re: 2 tickets I'm scared
PostPosted: Tue Jul 24, 2012 12:07 pm 
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notsofungal wrote:
I had a clean record and then this happened.


I wouldn't worry too much about it for now. A conviction would stay on your abstract for three years after the date of the offence, but it only goes on your abstract AFTER you get convicted. It will be a few months before your trial date anyway. They usually don't turn these things too quickly. There's also the possibility that the officer may not show up (don't bet on that), but anyway... for now, nothing shows up on your abstract.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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