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Ontario Highway Traffic Act

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Should I fight my 15km/h over speeding ticket?
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PostPosted: Sun Apr 12, 2009 8:34 pm 
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I received a speeding ticket today (Easter weekend) on highway 401 westbound just before the 402 cutoff. The officer said I was pulled over because they said I was texting while driving and had swerved out of my lane, and that I was also speeding (I was actually just trying to plug my phone into the charger). The officer let me off with a warning for the cell phone but gave me a ticket saying I was going 115 km/hr in a 100 zone. The officer never told me what speed I was actually recorded at going.
I was just wondering if you suggest fighting my speeding ticket, as it seems that the officer just felt like they should give me some sort of ticket, and I was going with the speed of traffic. If I go to court will they be able to charge me with using my cell phone (he said it was 6 demerit points)?
Is having a ticket for going 15 over even worth fighting? I know there are 0 demerit points, but I've heard that even just having any kind of ticket on your record is bad for insurance.
Please let me know what you think!


Last edited by driver101 on Mon Apr 13, 2009 8:41 pm, edited 1 time in total.

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PostPosted: Mon Apr 13, 2009 10:34 am 
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A 15 over ticket is treated the same as 1 over and 45 over ticket. With that being said, I think the constable let you off easy. Whatever you were doing with your cell phone, if it distracted you enough for you to be swerving out of your lane, it can also qualify as careless driving. You could have easily killed someone.
It's your choice whether you want to fight the speeding ticket or not. However, please stop fiddling with your cell phone or any other stuff you have in the car and focus on your driving before you kill someone. While driving, your cell phone belongs in your pocket/purse/case/glove compartment. It is only to be used to make emergency 911 calls if you can't pull over safely. If you just need to plug it in to charge, you can always pull over and plug it in.

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PostPosted: Mon Apr 13, 2009 5:39 pm 
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Small tickets like that usually do not count. Not as much at least. Having a 30-49 over will, most definetly, increase your insurance rate, as the companies view it as "Major speeding" offence. 15 over you are looking at insurance increase of $200 per year at most, and, quite possibly, no increase whatsoever. Is this your 1-st ticket?

Call their 1-800 number to double check though. Most insurance companies have slightly different policies. If you feel that they might raise rates on you anyways, call them from a payphpone and refuse to give your information.

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PostPosted: Mon Apr 13, 2009 5:52 pm 
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racer wrote:
Small tickets like that usually do not count.


Every ticket counts!

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PostPosted: Mon Apr 13, 2009 6:09 pm 
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admin wrote:
racer wrote:
Small tickets like that usually do not count.


Every ticket counts!


Good point. When you are already getting ripped off because of sky-high insurance rates, there is no point in giving them any justification for it.

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PostPosted: Mon Apr 13, 2009 6:27 pm 
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I had a 20% rate increase after I got a 5 over ticket on top of a 10 over ticket. Was under 25 at the time.

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PostPosted: Mon Apr 13, 2009 8:30 pm 
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This is why I rarely reduce a speed anymore. More and more began to challenge a lowered ticket, even after I was nice and lowered it to no points.

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PostPosted: Mon Apr 13, 2009 8:45 pm 
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hwybear wrote:
This is why I rarely reduce a speed anymore. More and more began to challenge a lowered ticket, even after I was nice and lowered it to no points.


I know the officer let me off easy and was being nice, but I really don't want this ticket on my record. It's my 2nd speeding ticket.
If I bring it to court, is it possible for them to charge me with careless driving? I figure I should try and fight it if I have nothing to lose, but if there are risks involved then I'll just deal with keeping it.

Thanks for all your input so far!


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PostPosted: Mon Apr 13, 2009 8:47 pm 
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Bear, that's an insurance industry issue. Lowered speeds don't affect your insurance policy any less than the original speed. I think doc tickets are cool though. I'll double check with people who work in the industry though. That way the speeding drivers are still punished, the province gets its pound of flesh and the insurance industry gets excluded from the dinner table.

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PostPosted: Mon Apr 13, 2009 11:36 pm 
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driver101 wrote:
If I bring it to court, is it possible for them to charge me with careless driving?


Possible, but unlikely. They'd have to do a lot of paperwork to make it happen and it really isn't worth it. Also, the standard for proving careless driving is very high. Drifting or meandering a little bit is usually not enough.

As for the ticket, it really depends on your insurance company. The current carrier I'm with hit me with a small surcharge for having two tickets a couple of years ago. How old is your 2nd speeding ticket? Also, are you under the age of 25? You may want to take racer's advice and ask your insurer how they view the type of ticket you got. I know some people also use on-line insurance quotes as a sly way of seeing how a ticket might affect their rates, that way they can usually remain anonymous and "survey the damage" at the same time. (Depends on the website, though...)

Also... yeah, next time, might want to think about waiting until a rest stop before plugging that charger in.


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PostPosted: Tue Apr 14, 2009 12:49 am 
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Take it to court.

I don't know where your from or if your familiar with that area.

15 over in this area you will get caught. Anything west of London and Around Chatam 15 over they will still take you.

Around the GTA you need to push 130 to get a ticket. Here if you keep it around 120-129 you should be fine.

Besides here its hard if your in the left lane and not going 130 your going to have a ton of people right up behind you trying to pass lol.

I would say it isnt a big deal but every ticket counts.

And it sucks to get a ticket going 115 on the 402 you were probally going the flow of traffic (well atleast in that area).

My rule of thumb is West of London slow down. When you see grass in the middle of the lanes they're WILL be officers. Under the over pass they're will be speed traps and they use Lidar/Radar.

If bear ever gave me some Advice is that around his area (Chatam) and West of London SLOW DOWN!

I don't like it but the OPP here are very different. Unlike the GTA with all the highways, traffic, they are always busy and they dont have enough ofifcers to keep up. Speed enforcement is tough.

Out west of london they are way more aggressive with ticketing speeders and aggressive drivers.

They're is way less aggressive drivers and speeders this way. Here if you go 130 you will stick out like a sore thumb.

Sorry for the rant, but i would fight it every ticket does count, all insurers are different, every demerit point counts, and remember west of London slow down they're is way more enforcement and they like to catch speeders here.

I think at Elgin rd overpass and the Bloomfield overpass in Chatam they should have a Engraving on the overpasses of all the people who have been screwed out of hundreds of dollars in fines and insurance increases. I bet they're would be so many the bridge would be structurally damaged and look like it got attacked :lol:

Anyways lesson learned, the 400 Series west of London is Nothing like the 404 or the 400 :(


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PostPosted: Tue May 26, 2009 12:08 pm 
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FIght the ticket. You are only judged on the merits of this charge, and the fine remains the same if found quilty. They won't squash a charge, and lay a higher charge like careless. Besides they need more evidence to lay a charge of careless then 15 over.

Good luck.

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PostPosted: Thu Jul 16, 2009 4:53 pm 
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it really depends on the insurance company.

I got two tickets in the span of 3 years, fought both of them, got them reduced to 15 km/h over (i was 20 over in both cases) and my insurance has not gone up. It is also possible that i am very very lucky and somehow have escaped insurance company's eye (which i also doubt but thats what has happened)


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