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Ontario Highway Traffic Act

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HELP! Speeding in construction zone told on camera
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PostPosted: Tue Apr 28, 2015 5:31 pm 
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Please help.

November 2014: I got a ticket last year that I paid for "Pass - Roadway not clear - Overtaking traffic". I was trying to get on the left lane and literally clipped a bus because the lights turned green but the bus moved slower than I thought. The accident rendered zero damage to the bus but a busted right headlight to my car. The cop had told me he would not add demerit points and I said I would just have to pay a fine. Because the accident involved public transportation, the cop said he had no choice but to write me up a ticket, otherwise, he said he would've let it slide. That was November of last year.

April 2015: Just two weeks ago, I got a speeding ticket in a construction zone. The cop said they had me on camera so he had to write me a ticket but he said he reduced the speed from 82km/hr to 75km/hr in a 60km/hr zone. When I spoke to my insurance company, they said that because of the November conviction (where apparently I received 3 demerit points even though the officer said I would not be written down for any), if I have another conviction (i.e. a speeding ticket) show up on my record, I will have to pay 20% more on insurance. I have to fight this ticket to avoid that but I have never fought a ticket before. The cop said I was on camera going faster than I was written down for, I am worried about this. What should I do?

Please help. Thank you.


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Re: HELP! Speeding in construction zone told on camera
PostPosted: Thu Apr 30, 2015 7:42 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Standard stuff: Select the trial option and file for disclosure. Maybe it will take too long to get to trial (possible) or the officer won't show up (unlikely), they'll screw up the disclosure (don't bet on it, they've become pretty sharp with that), or the evidence will be weak (forget that).

You should be aware, though, that the Prosecutor can amend the speed back up from 75 km/h to 82 km/h when the trial begins. You can always plead guilty to 75 in a 60 on the day of trial, if you're out of other options.

If nothing else, it will delay the offence going on your record for at least a few more months.

The camera isn't much to worry about, it's just more evidence for the Prosecutor.

argbear wrote:
When I spoke to my insurance company, they said that because of the November conviction (where apparently I received 3 demerit points even though the officer said I would not be written down for any), if I have another conviction (i.e. a speeding ticket) show up on my record, I will have to pay 20% more on insurance.


FYI, demerit points don't affect insurance, in and of themselves - only the conviction does. Sounds like your insurance company is one of a few that don't increase rates for the first minor conviction but after that they hit you. Some others increase your rates for ANY conviction.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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