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Ontario Highway Traffic Act

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15km over ticket, need some advice
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PostPosted: Sun Jul 26, 2009 9:18 pm 
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hey guys, i'm new to the community (referred to here by a buddy who frequents this forum alot) and i was told that i can get a few of my questions regarding my situation here.

so i guess ill start telling the story.

Around 8 am, I'm driving up a Leslie road in richmond hill to go to work where a cop is parked in the driveway of a gardening vendor doing radar speeding stops. so i then turn onto elgin mills and he pulls me over. he tells me that i've been going 30 over in a marked 40 km zone. at this point, im like what, how could that be possible? i've been a careful driver for the past 3 years because my insurance is killing me and the fact that all my past tickets are actually going to be cleared this year. nevertheless, he asks for my insurance and ownership, i give it to him. it turns out i never put the new insurance slip into the wallet and that one expired March 09 (these are things that slip my mind to replace because theres nothing to remind me unless i get pulled over which is rarely, lol)

nevertheless, at this point he gives me a warning about not having the up-to-date insurance because i told him if he could just call it in, he'd see that the car is insured up to date and he told me at that point that its not his job, hes not going to do it, that i gotta provide him the paperwork. he also gave me a ticket for going 15 over instead of 30 over. he says that if i should go to court, that i'll be convicted of the 30 over charge instead of a 0 demerit point 15 over charge.

at this point, im wondering wth is really going on, i can't go to court because i'll get charged 30 over instead of having a trial for the 15 over? also, he wrote the wrong intersection on the ticket. he wrote that i was at bayview and crosby is where he clocked me in, but i was never on bayview at that point as my job was at bayview and 19th and i could have never been possibly at that point. according to the ticket i violated the Highway Traffic Act section 128.

At this point, i'm wondering what should i do, like others, insurance is a killer and even though its 0 demerit points, insurance companies are going to use it to sky rocket my rates. how should i go about with this?


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PostPosted: Mon Jul 27, 2009 7:15 am 
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The officer is wrong about putting the charge back up to 30 over. They can't just automatically do it. They could file a motion withdrawing the 15-over charge, and re-issue a 30-over charge, but that's a LOT of paperwork.

The cop knocked it down and gave you a warning on the insurance charge. That was nice of him. Personally, just to give the tickets time to clear off your insurance record, I'd send in the paperwork to fight the ticket. This delays the ticket going on your record. Then, as the court date approaches, call the Prosecutor and plea-bargain. If one 15-over ticket skyrockets your insurance rates, particularly after all of the others have cleared, I'd also suggest changing insurance providers. :shock:


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PostPosted: Mon Jul 27, 2009 11:39 am 
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i figured he was being nice but then he did issue a speeding ticket, even if its only 15 over. nevertheless, i would like to see it gone because of the fact that most insurance companies use anything to increase your rates. i was thinking that because he wrote the wrong intersection, that they'd dismiss the ticket. would that happen?


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PostPosted: Mon Jul 27, 2009 12:38 pm 
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Wrong location is not a fatal error as per ticketcombat site, but you can use the error to your advantage.
Go to that location and check what the speed limit is or use this error to discredit the cop on the witness stand.

To make the fight the ticket, you either hire a paralegal or be prepared to spend time and to learn how to denfend yourself in court from the website www.ticketcombat.com.


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PostPosted: Mon Jul 27, 2009 6:04 pm 
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alright, so i'm looking through that site. i go to section 128 of that site and it says this that relates as close to my situation:
**************************
(c) more than 15 km/h and less than 30 km/h



3


Exceeding speed limit by 16 to 29 km/h


*************************
on the ticket, it says section 128 and that i was going 55 km in a 40 km zone, not 16 - 29 km over


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PostPosted: Mon Jul 27, 2009 10:07 pm 
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i meant to check the speed limit at location Bayview and crosby, if the max speed there is 60 then you were charged 55 in a 60 zone. if so take the picture and show the cop that he was so wrong.


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