I was coming home from hockey last Friday night with a buddy of mine in the car with me. I had a couple of beers after the game but thought I was within in my limit to drive home. It was late at night (2:30 am) and I was driving in a residential area, going the speed limit when I noticed the cherries in my rear view. I've been driving for 20 years and have a very clean record (a couple speeding tickets that are almost 3 years old). I pull over and the officer asks if I realized that I drove through the stop sign back there. I'm totally caught off guard b/c there's no way I would blow through a stop sign so he must mean I didn't come to a complete stop. He then asks if I've had anything to drink and I admit that I had a couple beers after the game. He asks if I will submit to the field sobriety test and I comply. I breathe an A (alert) and he lets me know that this means my license will be suspended for three days (so I can get it back tomorrow). Through other posts I understand there is no way to contest this and I only hope it does not affect my insurance. He also issued me another ticket because I have a GM2 license and he thought I couldn't have ANY alcohol. When I explained that I've had my G for 20 years and that the M2 was added last summer when I bought a motorcycle and therefore shouldn't I only be given the ticket if I were on a motorcycle he quickly took the ticket back and said it was useless. Comments???
My question is about the fail to stop infraction. I honestly don't remember (not cuz I was drinking!) if I came to a full stop or not, I was being a chatty cathy with my buddy but it's quite possible that I did a 95% or rolling stop. The officer told me he had it on camera that I did not stop at the sign. I will pay the fine but my biggest concern is the points and subsequent insurance issues that will arise. As I mentioned, I'm almost at the three year mark to have the last speeding ticket taken off. So:
Do I choose Option 2 with a plea of guilty and then hope to hell I can negotiate a lighter sentence? Or Option 3? If option 3, am I actually going to contest the video evidence in front of a JP and the Officer if he shows up? Depending on the answers here, I will likely have more questions although I think some of the other posts will be a big help.
Thanks in advance!
Option 2 allows you to request a lighter monetary sentence from the court. There is nothing they can do about the points.
If you select Option 3 you will be entitled to a trial, at which they will likely present the video evidence, if it exists.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
Do prosecutors ever negotiate with points? As I mentioned in the first post, I'm willing to pay the fine but would really like to have the points removed. Maybe that's not even possible?
DonÃƒÂ¢Ã‚â‚¬Ã‚â„¢t get too hung up on points though. Unless your licence is about to be suspended because of them, they make little difference. Insurance providers look at all convictions, not just those with points.
So...I guess my question really boils down to: is it worth trying to fight this ticket in hopes of being found not guilty (perhaps a long shot unless the officer doesn't show up or doesn't have video evidence) or striking a deal with the Crown to plead guilty to a different offense?
My trial is coming up in a few weeks so I thought I would check back to make sure my head is screwed on straight for what is coming up. Can I assume that just before the trial I will be approached by the prosecutor who will ask me if I would like to make a plea bargain? (This sounds too easy...). If this is the case, my answer is yes, I would the charge to be municipal and thus reduce the fine to $65 and no demerit points. If that does not happen then I guess I will just ask for a lesser fine.
If I actually have to try to argue that the I did come to a full stop (there's just no way for me to prove it) then I'm screwed - then what?
My question - what are the possible scenario's that I'm facing in a few weeks and how might I best handle them? Also, is it too late for me to request the transcript and video evidence?
Hope you can help.