Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Negotiating with Prosecution HELP PLEASE!
Author Message
PostPosted: Wed Oct 22, 2008 12:53 pm 
Offline
Newbie

Joined: Wed Oct 22, 2008 12:34 pm
Posts: 5
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.


Top
 Profile  
 
PostPosted: Wed Oct 22, 2008 8:12 pm 
Offline
Sr. Member

Joined: Thu Oct 16, 2008 4:57 pm
Posts: 256
Location: Planet X
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


Top
 Profile  
 
Re: Negotiating with Prosecution HELP PLEASE!
PostPosted: Thu Oct 23, 2008 1:01 pm 
Offline
Sr. Member
User avatar

Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
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!


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. 2 tickets - worth negotiating?

[ Go to pageGo to page: 1, 2 ]

painkiller

17

1234

Thu Feb 05, 2009 4:55 pm

painkiller View the latest post

There are no new unread posts for this topic. Prosecution provides disclosure right away on the spot?

silencer

2

602

Wed Nov 13, 2013 10:46 am

Stanton View the latest post

There are no new unread posts for this topic. Missed Early Prosecution meeting

m2kk

9

6362

Wed Nov 27, 2013 5:17 pm

aasghar View the latest post

There are no new unread posts for this topic. Obtaining G licence before prosecution of G2 violation

Charac

7

848

Sat Mar 15, 2014 9:01 am

C_B View the latest post

There are no new unread posts for this topic. Prosecution refused disclosure for speeding charge.

[ Go to pageGo to page: 1, 2, 3, 4 ]

Pepsi

55

3455

Wed Sep 12, 2012 5:48 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Prosecution not req'd to disclose manual/testing procedures?

Whenaxis

5

375

Tue Jan 24, 2017 5:32 pm

jsherk View the latest post

 


Who is online

Users browsing this forum: Bing [Bot], Yahoo [Bot] and 5 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.