Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 9 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Speeding 50 over + DUI
Author Message
PostPosted: Tue Sep 03, 2013 10:54 am 
Offline
Newbie

Joined: Tue Sep 03, 2013 10:39 am
Posts: 4
Hi,

I've made a terrible mistake of driving under the influence. I didn't have much to drink but still I shouldn't have drove. I was driving 143 on 90 km/h at DVP. Cop pulled me over and asked to do a breathalyzer. Once I did the breathalyzer, it said "ALERT" (i dont know what that means). He then gave me two tickets: one that says: Speeding 139 km/h in a 90 km/h zone, and another: "fail to show insurance". For some reason, the insurance paper my dad put in the dashboard was not up to date. I also got a pink slip thats titled: "Notice of Suspension" my license was suspended for 3 days. Also, there's nothing on my ticket that mentions demerit points. Does that mean the cops didn't give me any points?

SO I'm guessing he did not charge me for DUI but he did call a tow car at the scene and had the car towed to my preferred location. He also suspended my license for 3 days.

What is my next best course of action? I really don't want this speeding ticket as it will affect my insurance. Last time I got a speeding ticket was on June or July of 2010, so it has been over 3 years now. That ticket was received at 83 on a 60 zone (reduced to 65 on 60 by the cop on the day of).

Any help would be greatly appreciated.

Thanks a lot.


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Thu Sep 05, 2013 8:45 am 
Offline
Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Hi

The officer did not charge you with DUI, Alert means that the breathalyzer said that your breath reading was between 50mgs and under 100mgs. When they get the Alert reading they just caution you and suspended your drivers licence for 3 days. To get your drivers licence back you have to go to the MTO, pay 150 dollars and they will reinstate your drivers licence.

The officer gave you a speeding ticket for 49 over the limit. The ticket has 4 demerit points on it. You have a choice to pay the 359 dollar fine, or fight it. If you have a G2 licence the speeding ticket has an additional 30 licence suspension attached to it.

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Thu Sep 05, 2013 10:02 am 
Offline
Newbie

Joined: Sat Jun 01, 2013 11:06 am
Posts: 3
Quick question for those with experience: In this case, the officer reduced the charge to 49 over the limit (vs. 53 over on the radar). This seems like a huge break -- the difference between 49 over and 50 over is likely massive ($5k+ in fines, likely loss of insurance = facility insurance).

If the OP contests this ticket - does he risk that the charge will be INCREASED back to the original speed (143 kph)? If so, this seems like a huge risk to take... and it would seem to make sense to pay the ticket as is and move on.

Just curious, as there seems to be limited downside to fighting a ticket, but perhaps this case in an exception?


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Thu Sep 05, 2013 10:20 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
There’s still nothing wrong with requesting disclosure and reviewing the evidence against you. It’s always possible the officer made a mistake that would prevent the Crown from proving their case.

That being said I certainly wouldn't proceed to trial unless I had a viable strategy to defend against the charge.


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Thu Sep 05, 2013 11:13 am 
Offline
Newbie

Joined: Tue Sep 03, 2013 10:39 am
Posts: 4
Thanks for the feedback. I am a G license driver. If I were to take it to trial, will the police officer bring out DUI and breathalyzer recording he took of me near his car?

Thanks for the info.


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Thu Sep 05, 2013 11:21 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Most likely the Crown would bring forward that you blew in the warn range and your licence was therefore suspended.


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Fri Sep 06, 2013 8:47 am 
Offline
Newbie

Joined: Tue Sep 03, 2013 10:39 am
Posts: 4
If I take it to trial, at most I can be charged for is 153 on 90 right? Not for DUI or anything else?

Thanks


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Fri Sep 06, 2013 9:45 am 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, the Crown cannot introduce new charges at the time of your trial, they can only amend the speeding ticket back up to its full amount. If they did want to lay additional charges, they would have to serve you prior to your trial date and within 6 months of the offence. Since you blew in the warn range, there is no applicable charge for that aspect. My only concern would be if the Crown reviews the file and recommends the charge of stunt driving be laid as well.

As stated above, be cautious going to trial, since the implications for being convicted of 53 over instead of 49 over are huge. It’s not just the fine, but the insurance implications.


Top
 Profile  
 
Re: Speeding 50 over + DUI
PostPosted: Fri Sep 06, 2013 1:33 pm 
Offline
Newbie

Joined: Tue Sep 03, 2013 10:39 am
Posts: 4
Thanks a lot for your time.

Do you think I should just pay for the ticket and plead guilty or set up a trial date, seek officer's disclosure and if the officer comes through then plead guilty to 49 overt in court?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. DUI with G1

neoseeker

13

3652

Sat Sep 26, 2015 9:48 am

jsherk View the latest post

There are no new unread posts for this topic. can i be charged with DUI if...

beleafer81

6

6680

Sun Jan 31, 2010 9:41 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 2nd DUI

bahummbugg

2

577

Wed Jan 11, 2012 9:58 pm

hwybear View the latest post

There are no new unread posts for this topic. Question About DUI's

SpikedCola

1

433

Sat Apr 28, 2012 6:45 pm

Radar Identified View the latest post

There are no new unread posts for this topic. BF got DUI with a G2 License- Help!

CuriousSally

7

4065

Mon Jul 23, 2012 9:49 am

Stanton View the latest post

There are no new unread posts for this topic. PLEASE HELP! DUI IN USA

lgrw29

6

519

Thu Jul 14, 2016 6:23 pm

Nevo View the latest post

There are no new unread posts for this topic. Moving Provinces with a DUI. Please help.

LukeK7

0

515

Thu Jul 11, 2013 7:00 pm

LukeK7 View the latest post

There are no new unread posts for this topic. Electric Bike DUI Impoundment?

[ Go to pageGo to page: 1, 2 ]

Thai

17

2512

Thu Oct 08, 2009 11:07 pm

cruzmisl View the latest post

There are no new unread posts for this topic. DUI Offense in Ontario Canada, What happens next?

admin

0

21264

Sun Oct 25, 2009 6:04 am

admin View the latest post

There are no new unread posts for this topic. DUI in Ontario moving to Saskatchewan

blueeyedtanya

0

862

Tue Dec 13, 2011 6:26 pm

blueeyedtanya View the latest post

There are no new unread posts for this topic. What are the risks of driving while suspended for a dui?

maggiemuggins

4

4013

Thu Nov 07, 2013 8:45 am

C_B View the latest post

There are no new unread posts for this topic. DUI DROPED! Insurance Questions. PLEASE HELP!

FatLuke_NOFX

4

1445

Tue Apr 30, 2013 12:31 pm

Stanton View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.