Speeding and failure to surrender driver's licence.. HELP!!!

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

dakchu
Newbie
Newbie
Posts: 5
Joined:

Speeding and failure to surrender driver's licence.. HELP!!!

Unread post by dakchu on

I was caught in a speed trap and was given two tickets- one is "failure to surrender driver's licence $110" because I forgot my wallet at my work office and the other one is "going 50km/h on 40km/h zone $40". It was one of those speed traps where two police officers were on duty together and they were using speed guns mounted on top of a tripod on the road. The officer claimed that I was going 54km/h but he said he would give me a "break".

It was one of those roads where it dips a bit downhill and then goes uphill again (also a bridge overhead). The car that I was driving doesn't accelerate very well unless I really push down the gas pedal, so I guess I wasn't exactly driving on par 40km/h and was speeding a bit when I was going uphill, but I don't think I was driving excessively fast as what the police claimed to be (54km/h). As soon as I drove uphill and the road was parallel, that's when I saw the speed trap and the officer stopped me. It was a two lane road and I recall a car driving ahead of me and I think there was another car behind me as well. Could it be possible that the officer might've clocked the wrong car? I am planning to go with option 3 and apply for trial.. Is there any defense I can use against this speeding charge?

As for the ticket "failure to surrender driver's licence", if I choose "early resolution- meeting with prosecutor" option and show the prosecutor my driver's licence, will the charge be dropped or would I just be offered a plea bargain to a lesser charge? What would be my best solution for this?

If I file both of my tickets for trial option at the same time, will I receive the same court date for both tickets? If this happens, wouldn't the prosecutor try to persuade me into a plea bargain to drop one charge in exchange for pleading guilty to the second charge?

Please, your help is much appreciated!!


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

Both charges would be dealt with at the same time/trial since both offences happened at the same time.

Your explanation of what happened in regards to speeding won't help you at trial. Saying "I was speeding but not by that much" never works at trial. You can still fight the ticket simply by making the Crown prove their case. Laser is pretty accurate, but maybe you could raise reasonable doubt showing other cars were in the area (though it doesn't sound like you have a very good recollection either). You can request disclosure and see what the actual evidence against you is, and maybe we can offer some more advice. Otherwise read through the forums and get an idea of what common defence strategies are for speeding.

Just be aware, speeding tickets are raised back up to the full amount at trial, so it would be 14 over instead of 10, not that it makes much of a difference.

Personally, if the disclosure looks good and the Crown offers a deal to drop one charge, I'd consider taking it. Pretty hard to fight not having your licence with you.


dakchu
Newbie
Newbie
Posts: 5
Joined:

Unread post by dakchu on

I am thinking of filing the speeding ticket for trial and bet my luck..
As for the "failure to surrender driver's licence" ticket, I'm thinking of trying option 2 on the back of the ticket- "early resolution meeting with prosecutor". If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped? Or will I just be offered a reduced charge or worse, none at all? Thanks.


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

dakchu wrote:If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.

The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.


dakchu
Newbie
Newbie
Posts: 5
Joined:

Unread post by dakchu on

Under pressure from time constraints and people convincing me, I filed for trial option #3 for both tickets today..
But I changed my mind and I want to go with the 'early resolution- meeting with prosecutor option #2' for the "failure to surrender licence" ticket..
Can I go back to the court where I filed my tickets and ask the clerk that I want to change my option or is it too late? :(


dakchu
Newbie
Newbie
Posts: 5
Joined:

Unread post by dakchu on

Stanton wrote:
dakchu wrote:If I show the prosecutor my driver's licence, is there a high chance that the charge can be dropped?
Not if you're going to trial on the speeding charge. There is no incentive for them to offer you a break if you plan on fighting one of the charges.

The Crown will likely insist you accept a plea deal to both tickets (be it reduced fine or one charge withdrawn) or go to trial on both.

Oh, so even though I file one ticket for 'trial' option and the other one for 'meeting with prosecutor' option, the prosecutor will find out that I filed one of my two tickets for trial?
Is it because the prosecutor will handle both my tickets (because they occured on same day by the same police officer)?


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

The Crown will get a copy of the officer's notes which will show the two tickets issued to you.


dakchu
Newbie
Newbie
Posts: 5
Joined:

Unread post by dakchu on

Thank you again for your reply..

I called the court and asked the clerk if I can withdraw one of the tickets I filed for trial option (failure to surrender licence) and change it to option #2 instead (meeting with prosecutor). The clerk told me if I received two tickets at the same time, I cannot file the two tickets with different options- I either have to choose trial option or meeting with prosecutor option for BOTH two tickets and cannot separate them. :shock:

Is this true?? It doesn't really make any sense to me.. What I do with the tickets is entirely my choice, is it not? Where does it state that I must bound the tickets together into only one option if I receive them at the same time?? Sounds kind of fishy to me.. :?

Any insight to this matter please..? :?:


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

Did you read my responses? I’ve repeatedly stated that both tickets must be dealt with in the same manner.

You can chose whether to go to trial or not, but the decision to offer a plea deal is the Crowns. There is no incentive for them to offer you a deal on one if you're going to trial on the other. The plea deal is designed to save them the time/expense of a trial.


ilike
Newbie
Newbie
Posts: 12
Joined:

Unread post by ilike on

Hi dakchu,

Would you be able to share how it ended please? Were you able to change the option or not allowed? How did your case go at the trial? Thanks!






Post Reply

Return to “General Talk”