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Ontario Highway Traffic Act

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Speeding ticket reduced - best strategy ?
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PostPosted: Tue Oct 20, 2015 11:43 pm 
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Joined: Mon Oct 19, 2015 12:50 pm
Posts: 23
I got a speeding ticket , officer showed me his radar gun clocked at 118km in 80 zone, I didn't say anything gave him my paperwork and he went back to the cruiser, came back with a 20 over ticket.

My understanding is that if this goes to trial, they will amend the speed back up to the original radar reading in his notes.

So what is the best strategy, request trial, request disclosure, and go to court and hope that prosecutor offers a reduced charge (reduced from 20 over not 38 over), because if it does go to trial and they amend it up and it's me vs officer, I have no chance right ?


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Re: Speeding ticket reduced - best strategy ?
PostPosted: Wed Oct 21, 2015 11:09 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
It certainly doesn't hurt to try. You can plead guilty to the charge right up until the trial begins. Besides requesting a trial gives you a host of other options and strategies for beating the charge outright.


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Re: Speeding ticket reduced - best strategy ?
PostPosted: Wed Oct 21, 2015 12:05 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Yes, if you go to trial, then they can amend the ticket back up to 38 over instead of 20 over. However the trial actually has to start before they can amend it up.

So you should plead NOT GUILTY and ask for Trial with Officer present. Once you get notice of trial then ask for disclosure (officers notes, speed measuring device manual, audio/video).

Once you get disclosure you can then decide if there is a way to beat the ticket or not and then decide to just pay the 20 over or try to beat the 38 over.

But you should always take advantage of reviewing the disclosure before you decide what to do.

_________________
+++ This is not legal advice, only my opinion +++


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Re: Speeding ticket reduced - best strategy ?
PostPosted: Wed Oct 21, 2015 1:18 pm 
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Joined: Mon Oct 19, 2015 12:50 pm
Posts: 23
Thanks for the replies, I will do as suggested. I will post an update here once I get disclosure to get some input from knowledgeable members :)


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