So I got busted for driving 10 over the speed limit. :roll: I don't deny it. I was excited to bring the kids to my mother in law, so I laid the pedal 1.4mm closer to the floor than I normally do. In any event, I got busted and would rather not use up my family's "ticket forgiveness" clause on our insurance for something so stupid. I have a pristine abstract and would like to keep it that way. I've asked for a meeting with the prosecutor. They referred me not to my local POA court (e.g. local to where I live and to where the offense took place), but rather to one 30 kilometers away. Can they do that? When I meet with the prosecutor, I would like to ask that we plea it to something that won't go on my abstract at all - a parking ticket, a loud muffler, etc. I figure that since it is a provincial employee, the province will want to keep the money so parking is probably out. The total fine is $40, so I'm willing to spend say, up to $75 to keep it completely off my abstract. What offenses won't show up on my abstract and potentially harm my insurance premiums?
So I got busted for driving 10 over the speed limit.
I don't deny it. I was excited to bring the kids to my mother in law, so I laid the pedal 1.4mm closer to the floor than I normally do.
In any event, I got busted and would rather not use up my family's "ticket forgiveness" clause on our insurance for something so stupid. I have a pristine abstract and would like to keep it that way.
I've asked for a meeting with the prosecutor. They referred me not to my local POA court (e.g. local to where I live and to where the offense took place), but rather to one 30 kilometers away. Can they do that?
When I meet with the prosecutor, I would like to ask that we plea it to something that won't go on my abstract at all - a parking ticket, a loud muffler, etc. I figure that since it is a provincial employee, the province will want to keep the money so parking is probably out. The total fine is $40, so I'm willing to spend say, up to $75 to keep it completely off my abstract.
What offenses won't show up on my abstract and potentially harm my insurance premiums?
Some municipalities will have what they call satellite buildings. They're locations you can go to when you want to just pay a ticket or do other simple things. It's not somewhere you'd usually go for a trial. It's possible you were referred to a satellite building. I guess that's a possibility. This is not really something they do. The charge usually has to relate to the offense.
perryub wrote:
I've asked for a meeting with the prosecutor. They referred me not to my local POA court (e.g. local to where I live and to where the offense took place), but rather to one 30 kilometers away. Can they do that?
Some municipalities will have what they call satellite buildings. They're locations you can go to when you want to just pay a ticket or do other simple things. It's not somewhere you'd usually go for a trial. It's possible you were referred to a satellite building. I guess that's a possibility.
perryub wrote:
When I meet with the prosecutor, I would like to ask that we plea it to something that won't go on my abstract at all - a parking ticket, a loud muffler, etc. I figure that since it is a provincial employee, the province will want to keep the money so parking is probably out. The total fine is $40, so I'm willing to spend say, up to $75 to keep it completely off my abstract.
This is not really something they do. The charge usually has to relate to the offense.
see below now THAT was funny ! it's accident forgiveness, not ticket forgiveness, no insurance company does that, "and" accident forgiveness is ONLY applicable to that insurance company, Do you know something, anything is possible, as already stated, it has to be related, I "have" seen people get off, the P could be having a good day, eat humble pie say your sorry tell a joke, If your convicted it WILL go on your abstract, I think 10 is no demerit's , whilst demerits are not considered by your insurance, it is only a minor, so you may or may not get a rise (some insurance companies vary), shouldnt be more than 5% increase (but for at least 2-3 years) if you stay clean it will go after 2. BUT if you accept this, then you may get another, then your in dangerous territory. Some say don't agree to a 1st ticket for that reason. You can opt for a trial, ask for disclosure and also a SLIM chance the cop might not show up. I've seen threads on here, where it's written on the wall that the person posting was going to get banged to rights. But got off scott free. Luck happens, mistakes happen. hope that helps yes it will, depends on the conviction and also your insurance company, if your a long time customer, have multicar and house insurance, they SEEM to be a bit more forgiving. If you get a conviction you loose your clean no claims, "possibly" your accident, and any job needing a "CLEAN" abstract
see below
perryub wrote:
so I laid the pedal 1.4mm closer to the floor than I normally do.
now THAT was funny !
perryub wrote:
In any event, I got busted and would rather not use up my family's "ticket forgiveness" clause on our insurance for something so stupid. I have a pristine abstract and would like to keep it that way.
it's accident forgiveness, not ticket forgiveness, no insurance company does that, "and" accident forgiveness is ONLY applicable to that insurance company,
perryub wrote:
When I meet with the prosecutor, I would like to ask that we plea it to something that won't go on my abstract at all - a parking ticket, a loud muffler, etc. I figure that since it is a provincial employee, the province will want to keep the money so parking is probably out. The total fine is $40, so I'm willing to spend say, up to $75 to keep it completely off my abstract.
Do you know something, anything is possible, as already stated, it has to be related, I "have" seen people get off, the P could be having a good day, eat humble pie say your sorry tell a joke,
If your convicted it WILL go on your abstract, I think 10 is no demerit's , whilst demerits are not considered by your insurance, it is only a minor, so you may or may not get a rise (some insurance companies vary), shouldnt be more than 5% increase (but for at least 2-3 years) if you stay clean it will go after 2.
BUT if you accept this, then you may get another, then your in dangerous territory. Some say don't agree to a 1st ticket for that reason.
You can opt for a trial, ask for disclosure and also a SLIM chance the cop might not show up.
I've seen threads on here, where it's written on the wall that the person posting was going to get banged to rights. But got off scott free.
Luck happens, mistakes happen. hope that helps
perryub wrote:
What offenses won't show up on my abstract and potentially harm my insurance premiums?
yes it will, depends on the conviction and also your insurance company, if your a long time customer, have multicar and house insurance, they SEEM to be a bit more forgiving.
If you get a conviction you loose your clean no claims, "possibly" your accident, and any job needing a "CLEAN" abstract
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
There's not much lower you can go from 10km/h over the speed limit with a $40 fine and 0 demerit points. Sometimes, for speeding tickets with higher rates of speed over the speed limit, when there are larger fines and more demerit points, an option would be to plead down to "disobey sign" which has 2 demerit points and the fine can go as low as $60. But this would not do any service for you since you already face a fairly low penalty. You could try to investigate your local municipality's bylaws relating to signs and try to ask the prosecutor for you to plea guilty to a by-law charge. I have heard mixed results that a by-law charge could possibly find its way onto your driving record still, so tread with caution with this route.
There's not much lower you can go from 10km/h over the speed limit with a $40 fine and 0 demerit points.
Sometimes, for speeding tickets with higher rates of speed over the speed limit, when there are larger fines and more demerit points, an option would be to plead down to "disobey sign" which has 2 demerit points and the fine can go as low as $60. But this would not do any service for you since you already face a fairly low penalty.
You could try to investigate your local municipality's bylaws relating to signs and try to ask the prosecutor for you to plea guilty to a by-law charge. I have heard mixed results that a by-law charge could possibly find its way onto your driving record still, so tread with caution with this route.
Yes, as Whenaxis mentioned, you need to be very careful on bylaw plea deals. Sometimes in the remote northern courts it is possible to make a charitable donation to a local charity in lieu of a conviction. St. Thomas used to do that over a decade ago but hasn't done that to my knowledge since.
Yes, as Whenaxis mentioned, you need to be very careful on bylaw plea deals.
Sometimes in the remote northern courts it is possible to make a charitable donation to a local charity in lieu of a conviction. St. Thomas used to do that over a decade ago but hasn't done that to my knowledge since.
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.
Who cares if you did it. They have to prove beyond reasonable doubt that you did it. Ask for the disclosure and see what evidence they have at all. Just because you may have admitted it at the time, doesn't mean they have evidence that you ever did. I would challenge it in court. They want to waste your time with a minuscule ticket like that, waste their money and send it to trial. Maybe you can use the "De Minimis Non Curat Lex" defense.
Who cares if you did it. They have to prove beyond reasonable doubt that you did it.
Ask for the disclosure and see what evidence they have at all.
Just because you may have admitted it at the time, doesn't mean they have evidence that you ever did.
I would challenge it in court. They want to waste your time with a minuscule ticket like that, waste their money and send it to trial.
Maybe you can use the "De Minimis Non Curat Lex" defense.
They have no evidence of anything, aside from possibly the cop's word. I believe in the mantra of, "admit nothing, deny everything, make counteraccuations". My only fear - which may be unfounded - is that the cop says, "oh, I was just being a nice guy, you were actually doing 20 over..." and they amend the charges. I don't know if they do that, if they threaten to do that, or can't do that.
They have no evidence of anything, aside from possibly the cop's word. I believe in the mantra of, "admit nothing, deny everything, make counteraccuations".
My only fear - which may be unfounded - is that the cop says, "oh, I was just being a nice guy, you were actually doing 20 over..." and they amend the charges. I don't know if they do that, if they threaten to do that, or can't do that.
Nope. Ontario Court of Apoeal has ruled that amending up a speeding ticket at trial is fine. The officer gave you a break at the roadside. They didn't have to. I'm sure their evidence wouldstate what your original speed was. https://www.canlii.org/en/on/onca/doc/2 ... ca643.html
Nope. Ontario Court of Apoeal has ruled that amending up a speeding ticket at trial is fine.
The officer gave you a break at the roadside. They didn't have to. I'm sure their evidence wouldstate what your original speed was.
You're still relatively early in the stages of the charge. I think it's safe to assume no one has yet provided you with disclosure so you're doing a bit of assuming here.
perryub wrote:
They have no evidence of anything, aside from possibly the cop's word
You're still relatively early in the stages of the charge. I think it's safe to assume no one has yet provided you with disclosure so you're doing a bit of assuming here.
I believe in the Legal Advice 101 rule, which states: "Never say anything to the police." Nothing you say to the police will benefit you; if anything, it will always be used against you.
perryub wrote:
They have no evidence of anything, aside from possibly the cop's word. I believe in the mantra of, "admit nothing, deny everything, make counteraccuations".
I believe in the Legal Advice 101 rule, which states: "Never say anything to the police."
Nothing you say to the police will benefit you; if anything, it will always be used against you.
That may be true in many cases but often I have sought a second version to the story which has resulted in no charge being laid. If you say nothing the officer can only rely on the other person's version of events. On top of that is the tactic I recommend to my friends: be friendly and apologise. Often that will get you a warning. Of course if you do get a ticket then you have dropped yourself in it but the vast majority of speeding tickets are lost at trial anyway so I think it's a better option to try and avoid the ticket in the first place.
That may be true in many cases but often I have sought a second version to the story which has resulted in no charge being laid. If you say nothing the officer can only rely on the other person's version of events.
On top of that is the tactic I recommend to my friends: be friendly and apologise. Often that will get you a warning. Of course if you do get a ticket then you have dropped yourself in it but the vast majority of speeding tickets are lost at trial anyway so I think it's a better option to try and avoid the ticket in the first place.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Well that has helped too at times. I prefer to say, "I didn't realize I was going that fast." But what I meant to clarify, is that it's unwise to acknowledge you did something unlawful; some people believe excuses are valid reasons to break the law.
argyll wrote:
That may be true in many cases but often I have sought a second version to the story which has resulted in no charge being laid. If you say nothing the officer can only rely on the other person's version of events.
On top of that is the tactic I recommend to my friends: be friendly and apologise. Often that will get you a warning. Of course if you do get a ticket then you have dropped yourself in it but the vast majority of speeding tickets are lost at trial anyway so I think it's a better option to try and avoid the ticket in the first place.
Well that has helped too at times. I prefer to say, "I didn't realize I was going that fast."
But what I meant to clarify, is that it's unwise to acknowledge you did something unlawful; some people believe excuses are valid reasons to break the law.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
