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From 40 over to disobey sign
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PostPosted: Mon Nov 04, 2013 4:02 pm 
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Hello all,

I got 40 over on the 401. Decided to fight it and got my disclosure (which is unreadable by the way) along with a letter offering a deal.

They are offering to go from speeding 40 over, 4 demerits and $295
to a disobey sign, 2 demerits and $180 which I think it is better but not sure if I should trust my luck.

Should I take it and run?
Is a disobey sign less harsh than a 40 over for insurance purposes?
Any advice?

The court is near Windsor and I live in Toronto.


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Re: From 40 over to disobey sign
PostPosted: Mon Nov 04, 2013 4:08 pm 
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If it were me, I'd take it to trial---somethings seems fishy with that deal. Why would they drop speeding at 40 over to disobey sign (a totally unrelated offence), unless their case is weak! Think about it----all they have to prove in the speeding charge is that you were speeding---since speeding is an absolute liability offence. So, why would they drop the WHOLE speeding charge entirely? Seems to me like they are grasping at straws to get you on something, anything!
Go over that disclosure again with a fine-tooth comb and try to spot what the Crown's weak spot is----there MUST be something there-----that offer just doesn't add up! If you find it, you'll have your case set! Get a 2nd opinion if necessary---THEN, decide!


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Re: From 40 over to disobey sign
PostPosted: Tue Nov 05, 2013 10:07 am 
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highwaystar you are totally right!

It does seem weird to me to drop that low. I was expecting down to 20 over but not disobey sign.
My problem is that the cop notes even though they are extensive, I cant understand them.
I have no problem fighting it. I wish I could find out where is the weak spot!


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Re: From 40 over to disobey sign
PostPosted: Tue Nov 05, 2013 12:32 pm 
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If you can't understand the officer's notes, write a letter to the prosecutor and ask them to have the officer type out his notes. Many times, if the prosecutor feels the notes ARE legible, the prosecutor will simply offer to go over the notes with you so that you CAN understand them. Some will offer to do it over the phone, while others will make themselves available to meet face-to-face. Either way, make sure you understand them. Once they are in a form that you understand, then you hopefully will find a weak spot on the case.


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Re: From 40 over to disobey sign
PostPosted: Wed Nov 06, 2013 12:29 pm 
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Thanks so much sir.

I requested typed notes by email and got a positive response right away saying that they will request the officer to send them by mail.
I will come back with an update as soon as I have them


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Re: From 40 over to disobey sign
PostPosted: Thu Nov 21, 2013 10:40 am 
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Hello all,

So I got disclosure and could not understand cop handwriting. I asked for typed notes which I received.
The cop made a mistake on the type notes: wrong postal code and wrong drivers license.

The original hand written notes are correct regarding address and drivers licence number. However, the typed notes (second disclosure received) have the mistakes.

Can I argue this? Will this be grounds for dismissal?


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Re: From 40 over to disobey sign
PostPosted: Thu Nov 21, 2013 1:37 pm 
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salem2210 wrote:
The cop made a mistake on the type notes: wrong postal code and wrong drivers license.

The original hand written notes are correct regarding address and drivers licence number. However, the typed notes (second disclosure received) have the mistakes.

Can I argue this? Will this be grounds for dismissal?


They wouldn't be a valid argument on the originals let alone a transcription.


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