Negotiating with Prosecution HELP PLEASE!

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

Ken1234
Newbie
Newbie
Posts: 5
Joined:

Negotiating with Prosecution HELP PLEASE!

Unread post by Ken1234 on

I got a speeding ticket a while back. And I have several arguments prepared for trial. But recently, I've decided to meet with the prosecutor to cut a deal if possible, so I don't take the risk of losing in court and saves everyone time and trouble. I have 3 questions, but I'll tell you about my situation first:

On HWY 417, I was originally travelling in the middle lane, I was going approx. 100-110. There was a car infront of me that was going about 5 - 10 KM/H slower, so I moved to the left lane to pass him. But then I noticed there were actually several cars in front of him, so I decided to stay in the left lane for a while until I pass them all. At that time, I realzed there was a black cop car about 4 - 5 cars in front of me in the middle lane. My first instinct was to slow down obviously because I was going over by 5 - 10km/h, but then I saw there was a car in front of me on the left lane who I was following about 5 seconds away passed the cop car without getting pulled over, and since I was travelling at about the same speed, I thought it would be ok too. But as soon as I passed the cop, he pulled up behind me and pulled me over, and the crazy part is that he claimed that I was going 131km/h!!!!!. During the converstaion with the cop, all that came out of my mouth was 2 "OK's".

Question 1: If I talk to the prosecutor, should I mention my side of the story? In other words, will he/she use that to prepare for his/her case against me in court he him/her decides not to cut me a deal?

Question 2: What kind of deals do you think the prosecutor will cut me and what are the chances?

Question 3: What do you think my chances and results are if I took it to court?

Thank you all for reading. I would really appreciate any feedbacks thanks.


lawmen
Sr. Member
Sr. Member
Posts: 256
Joined:
Location: Planet X

Unread post by lawmen on

From what you said, you’re not not guilty, so why would you plead guilty?

From what you said, the cop falsified evidence. That’s criminal. If he has radar then the radar he used was from the car the passed him before you. Or from someone else.

You’re charged with 31 kms pver. The fine is $7 per kms in your case. If convicted it’s $217.

Fight it if the Crown is not willing to drop the charges completely.

By fighting this it will cost the Crown much more than $217 by the time the case is over, even if they win. At the end of the trial they will lose money even if they win. It will cost you a bit of time but you can represent yourself.

The cop might not appear. You win. He needs to prove the reading was from your car. He need to prove the gun was tested properly. The ticket could affect your insurance rates, thus by stalling this as long as possible you save a bit of money on your rates, those savings can be applies towards the ticket.
Without Justice there's JUST US


User avatar
ticketcombat
Sr. Member
Sr. Member
Posts: 486
Joined:
Location: Toronto
Contact:

Unread post by ticketcombat on

Ken1234 wrote:Question 1: If I talk to the prosecutor, should I mention my side of the story? In other words, will he/she use that to prepare for his/her case against me in court he him/her decides not to cut me a deal?
As all you're admitting to is going about 10km/h over, there's not much she can use against you.
Ken1234 wrote:Question 2: What kind of deals do you think the prosecutor will cut me and what are the chances?
Sometimes they offer a lesser sentence just to deal with the case quickly but I don't think she's going to reduce the charge to under 15 km/h and no points. So I don't think this will be a very good option for you.
Ken1234 wrote:Question 3: What do you think my chances and results are if I took it to court?
You've got pretty good chances if you defend the charge properly. This means requesting disclosure, preventing foundation by offering a viable alternative scenario that might have happened (this is your story) and maintaining doubt that the officer got the right car. The point to remember is that you can't simply say "It wasn't me." If the cop is saying it was you, then you'll be found guilty. You've got to attack the officer's training, look at his visual estimation skills, the low doppler reading, the radar was working properly and was maintained regularily, create doubt by suggesting the possibility that something else could have entered the radar's field of range without the officer knowing it, etc. Your excuse alone will likely not be enough so start preparing.

Good luck and good fight!




Fight Your Ticket!


Post Reply

Return to “General Talk”