Will speeding fine be increased if taken to trial?

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lithium_09
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Will speeding fine be increased if taken to trial?

by: lithium_09 on
Tue Jun 25, 2013 9:03 pm

I wanted to get some insight on my situation. Here's the details:

- driving on a country road that leads to a beach, speed is 80 km/h but changes to 40 as you get closer to the beach (there is endangered wildlife in this area that have been hit by cars in the past)
- an OPP officer with a parked car steps out on the road in front of me and directs me to pull over
- he asks if I knew the speed was 40, and informs me I was caught doing 75
- he takes my license/insurance and asks if I have I have ever had any trouble with the police, and when my last speeding ticket was
- I reply clean criminal record, and my last ticket was in 2009
- he comes back and says that since I told the truth, he reduces the ticket to 15 over, 55 in a 40 zone, but reminds me that the full ticket for going 75 would have been $300 or so (community safety zone I believe)
- the whole thing was well coordinated and clearly part of a speed trap - I'm not from the area but a friend told me this is a well known "fishing hole" for police radar traps

My question is does it make sense to fight my ticket even though it's only for 15 over? I figure it's not really possible to have the fine reduced as part of a bargain from the prosecutor since I already have the lowest fine possible. My biggest fear would be going to trial and then having the fine bumped up to the full 35 km/h over the speed limit. What are your thoughts on this? Is it a reasonable concern?

Based on the info in website and other research I've done, my current plan is to request a trial and then request a disclosure. I could then try and find something in the disclosure that could get the charges dropped. If there's nothing to challenge I could always just plead guilty and pay before the court date.

The other thing would be hoping that it takes a long time to go to trial and then claiming unreasonable delay.

I just wanted to get your feedback on my plan to deal with this, and what you think the best way of going about it would be. I realize it's only 15 km/h over the limit and there's no demerit points, but I really don't need a speeding conviction on my driving record for insurance purposes.

One more thing: If you speak a language other than English, does it make sense to always request the interpreter, even if you understand English fine? I would think that if the interpreter doesn't show up, it's just like having the cop not show up, and the charges are dropped?

Thanks in advance for your help!


Stanton
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by: Stanton on
Tue Jun 25, 2013 11:28 pm

Nothing wrong with requesting disclosure and seeing if there’s anything you can fight the ticket on. If the evidence appears solid however I wouldn’t go to trial unless you have a specific defence strategy. It’s pretty much a guarantee that your ticket will be raised back up to the full amount at trial. 35 over is a $265 fine, and if it’s a community safety zone there’s no set fine.

If you don’t need an interpreter don’t ask for one. Strategies like that backfire wonderfully when the J.P. gets wind you spoke fluent English at the time of the stop but suddenly can’t for Court.


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