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.
From what you said, youre not not guilty, so why would you plead guilty?
From what you said, the cop falsified evidence. Thats criminal. If he has radar then the radar he used was from the car the passed him before you. Or from someone else.
Youre charged with 31 kms pver. The fine is $7 per kms in your case. If convicted its $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.
As all you're admitting to is going about 10km/h over, there's not much she can use against you.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?
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 2: What kind of deals do you think the prosecutor will cut me and what are the chances?
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.Ken1234 wrote:Question 3: What do you think my chances and results are if I took it to court?
Good luck and good fight!
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