Should I still go to court even if ticket was reduced?

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bubbahead
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Should I still go to court even if ticket was reduced?

by: bubbahead on
Sun Dec 02, 2012 9:37 pm

I got a speeding ticket in May 2012 near Niagara Falls, Ontario. Ticket was reduced from 115km in a 100km zone. It does show 'R' on the ticket stated it was reduced.
I requested disclosure. I received it just this week with my scheduled telephone call to the prosecutor coming up Dec 7th. I got the radar book, my abstract profile and officers notes which basically say I was speeding along with his itinerary of the day.

My question is: What am I going to say when I talk to the prosecutor? Take the reduced deal? Do i take it to court knowing my only hope is that cop doesn't show up? They might even amend my fine to the original if I go to court.
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bend
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by: bend on
Mon Dec 03, 2012 1:52 am

bubbahead wrote: My question is: What am I going to say when I talk to the prosecutor? Take the reduced deal? Do i take it to court knowing my only hope is that cop doesn't show up? They might even amend my fine to the original if I go to court.
What are you hoping to do? Have your ticket further reduced? If that's the case, you've gone from 4 points to 0 points. They are going to tell you to take it or leave it. The deal you currently have isn't going to get any better in my opinion.

They are not going to amend your ticket for simply pleading not guilty and showing up to the courthouse. They will revert back to the original fine if you decide the only way to settle the dispute is with a trial. At that point, it will be pretty obvious whether or not the officer is in the building.

As for the officer not attending, don't count on it. It looks like you were part of his speed trap session for the day. You will most likely be bundled up with MANY others who were stopped in the same location or by the same officer under similar circumstances. You can count on the officer to attend.


bubbahead
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by: bubbahead on
Mon Dec 03, 2012 9:49 am

I want the ticket dismissed....but I know my only hope is to go to court, if cop shows I will plead guilty...if he doesn't I will plead not guilty. Not that easy but I guess I can wait till just about when court is about to start and see if cop shows... ?
I'm just trying out all my options


ME AGAIN
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by: ME AGAIN on
Tue Dec 04, 2012 10:23 pm

Go to court and hopefully you know what the officer looks like to see if he/she is present. If you don't recall what he/she looks like, tell the prosecutor you want to speak to the officer prior to court being in session and they should point the officer out if they are there. I have noted that the prosecutors never divulge if the officer is not there hoping you will plead guilty without asking for a trial. If you suggest you want to plead not guilty they will hold your case till near the end of the court session then call it up and advise they have no evidence to offer in the case.


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