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Ontario Highway Traffic Act

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Anyone had a ticket reverted to the original speed?
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PostPosted: Wed May 18, 2011 9:18 pm 
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I see numerious comments on the board of folks who want to fight a ticket in which the speed had been reduced by the officer, and warnings of the courts having the authority to revise the ticket back to the original speed before reduction. Has anyone actually had this done to them or is it a scare tactic by the procescutors? :?:


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Re: Anyone had a ticket reverted to the original speed?
PostPosted: Wed May 18, 2011 9:57 pm 
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No its NOT a scare tactic.

A friend of mine recently fought his ticket in court, one that was reduced road side by the officer. He lost at trial and the full fine and conviction was applied.

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Re: Anyone had a ticket reverted to the original speed?
PostPosted: Wed May 18, 2011 10:07 pm 
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In the jurisdiction I used to work in the prosecutor asked for it in literally every case of reduced speeding that went to trail. It is not a scare tactic. Reason being that if they're going to have the trial anyway, they're going to have it at the original speed since it's no more work for them.

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Re: Anyone had a ticket reverted to the original speed?
PostPosted: Thu May 19, 2011 12:20 pm 
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here is link to court of appeal decision which binds all lower courts, that they can in fact raise the speed back up at trial
topic1393.html

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Re: Anyone had a ticket reverted to the original speed?
PostPosted: Thu May 19, 2011 9:12 pm 
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I've personally seen charges increased to the original speed - some of them were real doozies. One guy was ticketed for 15 over and proceeded to get the charge amended to the original speed of 113 in a 50 zone. Lucky for him that it was past 6 months from the date of the offence so the Prosecutor couldn't withdraw the s. 128 speeding charge and replace it with stunt driving, which is another option they have.

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