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Ontario Highway Traffic Act

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0 demerit points
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PostPosted: Thu Nov 24, 2016 6:58 pm 
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So I got a speeding ticket for driving 70km/h in a 60km/h zone. Apparently I was driving 80 but the officer was nice and reduced it for me so it won't affect my insurance, which I appreciated. He said I had a clean record, that's why he did that.

What I want to know if it is still worthwhile to fight it. I was going with with the speed of the other vehicles, although not sure that is grounds for not being guilty. Even so, it could still be thrown out if the officer does not show up. Sounds like it is beneficial to have a clean record, and I understand insurance companies will still see the offense as long as I pay for it.

Any advice will be helpful.


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Re: 0 demerit points
PostPosted: Thu Nov 24, 2016 7:51 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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A speeding ticket for 1 over to 15 over is 0 demerit points but it can still affect your insurance exactly the same as 16-29 over (3 demerits) and 30-49 over (4 demerits). Insurance companies do not care about demerits. Demerits are completely irrelevent to insurance companies.

If you take it to trial and lose, it will be raised back up to 20 over instead of the 10 over.

Either way 10 over or 20 over, your insurance can still go up.

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+++ This is not legal advice, only my opinion +++


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Re: 0 demerit points
PostPosted: Thu Nov 24, 2016 8:28 pm 
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jsherk wrote:
A speeding ticket for 1 over to 15 over is 0 demerit points but it can still affect your insurance exactly the same as 16-29 over (3 demerits) and 30-49 over (4 demerits). Insurance companies do not care about demerits. Demerits are completely irrelevent to insurance companies.

If you take it to trial and lose, it will be raised back up to 20 over instead of the 10 over.

Either way 10 over or 20 over, your insurance can still go up.


w0w thanks for that. I was not aware that it would be raised back up to 20 if I loose. The ticket says "Did commit the offence of: Speeding 70km/h in a posted 60km/h zone."


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Re: 0 demerit points
PostPosted: Fri Nov 25, 2016 6:13 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
That is true, your insurance rates will be affected with a conviction either way, but don't forget, you will be going up to 3 points as well if convicted for the 20 over...


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Re: 0 demerit points
PostPosted: Fri Nov 25, 2016 9:06 pm 
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Insurance MAY be affected. Not will. You'd have to check with your broker.


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Re: 0 demerit points
PostPosted: Fri Nov 25, 2016 10:17 pm 
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True...each insurance company is different...


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Re: 0 demerit points
PostPosted: Sat Nov 26, 2016 12:40 pm 
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why oh why oh why do they say that, it's blatantly not true, if I had a $ for every post I saw where an LEO told a motorist "it won't effect your insurance" I'd be rich,

it MAY not, chances are it will, an LEO cannot make that call or give that advise, I wish they would stop.

Liquid wrote:
Apparently I was driving 80 but the officer was nice and reduced it for me so it won't affect my insurance, which I appreciated.

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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: 0 demerit points
PostPosted: Sun Nov 27, 2016 5:09 am 
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Joined: Fri Jun 25, 2010 3:30 am
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I agree. Insurance rates are nothing to do with the police.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: 0 demerit points
PostPosted: Tue Nov 29, 2016 4:19 pm 
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Joined: Sun Apr 20, 2014 6:45 pm
Posts: 12
You may still get hit with insurance premium increase


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Re: 0 demerit points
PostPosted: Tue Nov 29, 2016 5:38 pm 
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Joined: Mon Nov 28, 2016 3:00 pm
Posts: 89
Liquid wrote:
So I got a speeding ticket for driving 70km/h in a 60km/h zone. Apparently I was driving 80 but the officer was nice and reduced it for me so it won't affect my insurance, which I appreciated. He said I had a clean record, that's why he did that.

What I want to know if it is still worthwhile to fight it. I was going with with the speed of the other vehicles, although not sure that is grounds for not being guilty. Even so, it could still be thrown out if the officer does not show up. Sounds like it is beneficial to have a clean record, and I understand insurance companies will still see the offense as long as I pay for it.


For accurate information about your insurance, you will need to speak with your insurance broker. A police officer is unqualified to provide information about your specific insurance policy and costs. A 0 demerit point offence still results in a record of conviction on your driving history despite not having any demerit points.

Speeding tickets that have been reduced at roadside will generally, although not always, be an all-or-nothing defence. Either there is a legal basis to have the charge withdrawn/dismissed or there isn't. Specifically in the profile of case that you mention, the offence is already in the lowest range of speeding offences (1 to 15 km/h over the posted speed limit) and there is no lesser offence that will provide a benefit beyond a lesser fine. Travelling at the flow of traffic is not a defence. It is generally very unlikely that an Officer will not be in attendance at court without the foreknowledge of the Prosecutor's Office, who would simply request an adjournment to a date when the Officer will be available.

This is not to say that you might not have a defence or that there might not be a fatal defect in the Prosecutor's case. Those would be issues examined during an early resolution meeting once both sides of the case have reviewed evidence.

_________________
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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