Speeding ticket - court in 10 days

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Merz
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Speeding ticket - court in 10 days

by: Merz on
Mon Feb 27, 2017 10:21 pm

Hi! I got a speeding ticket on County Road 6 Tiny Twp, $95 fine. It was roadside speed trap in an 80 kmh zone.

Unfortunately I took a long time to get organized (moved to a house in Dec / Jan). My court date is March 9.

Is it too late to request disclosure? What are my next steps?

Thanks!
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Whenaxis
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by: Whenaxis on
Tue Feb 28, 2017 2:05 am

Based on the information that you provided, I believe that you were charged with going 20km/h over the speed limit (100km/h in 80km/h) which carries 3 demerit points with it. Be aware that $95 is the set fine ($75 + $5 court fees + $15 victim surcharge). This amount will increase if you are convicted at trial based on a formula set in section 128(14) of the Highway Traffic Act. Also, if the officer used their discretion at the roadside and reduced the rate of speed and fine, beware that this can be amended up at trial if the evidence of the officer supports it.

Given that you have 10 days until trial, it may be too late to request for disclosure at this point. However, you can still fax or mail in a request, and on the day of your trial, you can ask the prosecutor if you can review the evidence against you. Usually disclosure is requested weeks or months in advance and this would normally help you prepare for your case to see if there are any flaws in the officer's notes or observations. Without disclosure, you are at a disadvantage.

You can try to ask for an adjournment so that you can have time to review the disclosure. You can try to explain to the justice why you were not able to send in a disclosure request earlier and you can try to explain how this will prejudice you because you are unable to prepare a proper defence. But the justice may not adjourn the trial, considering that the disclosure request was made 10 days before trial.

It may be a good idea to try to plea bargain with the prosecutor on the day of trial before it begins. You can try asking to plead guilty to a lesser charge (i.e. 15km/h or less over the speed limit [0 demerit points], or disobey sign [2 demerit points] with a reduced fine [i.e. $60]). Note: Even with a 0 demerit point offence, it can still result in increases in your insurance rates.
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screeech
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by: screeech on
Tue Feb 28, 2017 7:43 am

It is never too late to ask for disclosure. The issue becomes if the JP will let you adjourn it to review or not. You should still have lots of time if they send the disclosure very soon.
If convicted at 20 over at trial the fine would be $90+ =$115
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UnluckyDuck
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by: UnluckyDuck on
Tue Feb 28, 2017 4:53 pm

So the ticket was reduced (Code R), which means that if you take it to trial, the ticket would be amended to the original speed recorded (whatever it was he/she told you). Be aware that 1-49 over hold the same bearing as insurance is concerned, the only difference is 1) points (if you have a lot on your record like me, you want to avoid all as possible, before you hit your suspension), and fine.

Also, this offence carries 3 demerit points. If you were doing more than 29 over, that would be 4 points. If you have a G2, if you receive a charge for 4 points or more, your license will be suspended for 30 days.

As well, if you were clocked more than 50 over, they will retract the speeding ticket and amend it to stunt driving (Which is far more worse than a speeding ticket).

I think I covered all potential risks of going to trial here. If none of these apply to you, I would recommend you requesting disclosure ASAP, and prepare for your trial. It's never too late to request disclosure, however, if you get an adjournment, the delay may be put against you. If one of these do, I would suggest paying the ticket.
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Merz
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by: Merz on
Tue Feb 28, 2017 8:19 pm

Thanks!

I'm sure he got me under 109. I am old (not 40 yet though), and have my full G. I have no points.

I'll be faxing in my request for disclosure tomorrow morning. Do people post updates or their trial results on this forum? Just out of curiosity.
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jsherk
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by: jsherk on
Tue Feb 28, 2017 8:46 pm

Yes we would love for you to post results of what the outcome was. Not enough people come back to tell us what happened.

The officers notes will say what the original speed was, so then you will know that if you go to trial and lose what the speed will be increased too.
+++ This is not legal advice, only my opinion +++
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