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Ontario Highway Traffic Act

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what may i be charged with?
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PostPosted: Sat Nov 27, 2010 5:00 pm 
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So i was heading to work on Friday morning and i got pulled over for doing 157 in a 90 km/h zone the officer did not impound my car nor did he suspend my license but he did give me a summons court date that i have to go to on the 23d of December as a nice Christmas gift and on that ticket it says the offence that i committed is speeding and nothing else so can i be charged with anything else other then what is on the ticket?

and is there any suggestions that i may need?


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Re: what may i be charged with?
PostPosted: Sat Nov 27, 2010 6:21 pm 
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Does the ticket say that you are charged with Speeding - section 128 of the Highway Traffic Act? If so, that explains the "no impound." Theoretically, the Prosecutor could amend the charge to Stunt Driving - section 172, but that is not too likely. Sounds like the officer gave you a bit of a break by not going for Stunt Driving. You might want to consider hiring a paralegal. Although this is not as "severe" as a stunt driving charge, it could have big insurance implications.

Where did it happen?

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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: what may i be charged with?
PostPosted: Sat Nov 27, 2010 6:40 pm 
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Lincoln m Alexander pkwy near Garth exit keep in mind that i only hold a g2 license and that im only 18 and i will be going for my G on january. and yes the ticket only says that i was charged with speeding section 128 contrary to H.T.A


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Re: what may i be charged with?
PostPosted: Sat Nov 27, 2010 8:25 pm 
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I'm going to guess you were stopped by the Hamilton Police.

Anyway, with Speeding 67 km/h over the limit, you are looking at about $654 in fines (not including the victim surcharge and court costs), and because you are a G2 driver, an automatic 30-day licence suspension for getting 6 demerit points. That may sound a bit tough, but with Stunt Driving, it would've been $2000 minimum, and up to a 6-month licence suspension for the first offence. There also would have been the possibility (albeit, almost next to nothing chance really) of a couple of days in jail. That is not what you're up against. If you did plea-bargain it down to 49 km/h over the limit, you would save $$$, but again, because you are a G2, you would have an automatic 30-day licence suspension (4+ demerit points triggers that). You'd have to get an extremely sympathetic Prosecutor, and the officer would have to be in a very cheerful mood, to get the plea-bargain down to 3 points or less. Plus, there's the insurance costs.

I'd hire a paralegal or a lawyer if I were in your situation. The reason being, they deal with the courts day in/day out, and this is a serious charge. I do not know how much research you've been doing, but speeding is considered an "absolute liability" offence. In other words, there does not need to be intent, or even awareness, that you were going that fast. All they need to prove is that you were exceeding the speed limit, and then you are guilty. The only defence you have, then, is "defence of necessity," which means that you were in some sort of serious emergency and had no choice but to drive fast. To prove speeding, the officer had to test the speed-measuring device before and after the stop to ensure it was working correctly; observe your vehicle was speeding and, based on that observation, then decide to activate the speed-measuring device; get a speed reading from the radar/lidar; stop your vehicle without sight lost; identify and charge the driver (you). There may be some technicalities which can help you, such as the officer did not correctly test/use the device, the officer lost sight of the vehicle, etc. But I'd still get some legal help with this charge, unless your sole intent is to plea-bargain and you are comfortable with that.

Hope this helps, discouraging as it may be...

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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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