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Yes, the suspension is on your record, which is queryable by insurance companies and yes, you I guess you would have to disclose that your licence has been suspended on a new application for insurance.

I seem to recall though, when the legislation came out, that there was talk that insurance companies would not be able to use this against you ...

Just be aware that if you plead "guilty with an explanation" you can make submissions to the JP as to the sentence (the dollar fine) but the conviction will still be for 41 over and the points associated with that speed will go on your record.

If you want to try to plead to a lesser offence (a lesser speed) you will have to discuss that the the ...

3, 7, and 30 day suspensions are for drivers that blow a warn (between 50 and 80 mgs of alcohol) so they are not technically "under the influence". Well, maybe they are, depending on your definition, but what I mean is that they are not necessarily impaired.

The first time a driver gets into this situation they get a 3 day suspension. The second ...

Once a charge has been laid the officer is out of the picture, except to return to testify if necessary.

For sure! You definitely don't want to end up getting screwed with a careless conviction on your record!

Agreed! I wouldn't necessarily advise pleaing, I just wanted to say that was an option.

I just wrote an article for OntarioTicket.com, which most of you probably know is the parent site for this forum.

My article, entitled Motor vehicle Lighting Laws in Ontario, gives a full rundown of all required, restricted, and prohibited lights for motor vehicles in Ontario. If you drive a car in Ontario, you should probably check this out ...

Tickets can definitely be amended to the original speed if you fight them. This does not happen in all regions though. I believe Toronto is one of the ones that does not, but I'm not certain. Perhaps someone else can advise on that.

With regards to insurance companies, no one knows how they calculate your rates except them. It depends on your ...

I've had situations like this before, quite often if you are charged with careless in a situation like this you can try to plea it town to a lesser offence, such as Turn not in Safety. You or your agent can speak to the crown about this if you want.

Same as before you got the conviction. You get to meet with the prosecutor to attempt to resolve the situation, and if not you go to trial.

Speeding is an absolute liability offence, not strict. Therefore you can not raise a defence of due dilligence.

If you want to raise a defence you need to try to prove that the officer is mistaken and you were, in fact, not speeding.

If you were actually going 22 km/hr over and it was reduced to 5 km/hr over I'd say you got luck. I've never heard ...

FyreStorm wrote:What Simon Said!

There is no specific time frame, however if you feel it has been too long you can make an application to have the charges stayed since your right to a speedy trial has been violated. Then the judge decides if it has been too long.

Red light fines went up recently to $260/325.

It sounds to me like the correct charge was laid, based on the situation you described. 144 (18) says "Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown ...

There is no specified distance for pacing.

The approved ways to measure speed are with a radar, laser, pacing, or aircraft. I think that's it...

I have two new posts up about time delays in court and the provincial government's strategy to deal with it. Check it out.

http://simonborys.wordpress.com

There is no set time whereby the must move a case forward. Everyone is protected by the Charter against unreasonable delay, but in real life it's open to either side to argue that it has gone on too long, or hasn't.

If the crown proceeds without the certificate they will have a hard time proving the suspension was in force at the time, since the ...

Thoughts? Should I have bought a lottery ticket?
No.

Requests for documents from the MTO can sometimes take a while. You're right that they can't enter the document as evidence if it hasn't been disclosed to your first, but if your trial date comes up and the don't have it yet or they have it but you haven't seen it yet, the prosecutor will ...

Well, there is always room for negotiation, though you don't have much buying power in this situation Depending on what you're looking for will determine the likelihood of getting a plea. If you're only looking to get it down to 29km/hr that's very likely. If you're looking to get it down to a 10 over, that's less likely.

If this is exactly how it happened it's another example of an officer with no discretion giving all police a bad image. And this is why I want to be a defence lawyer!

Good point! The only issue is that if he doesn't show up and they go for a 9.1 conviction and the JP doesn't notice it then he gets the conviction and has to appeal.

First question is whether I have to attend the court in Kingston to appeal the ticket (fight it)
Yes

Secondly, is it always a guarantee that they will offer a plea bargain?
No, but it is often the case, especially if you are only seeking a small reduction in speed.

Also, I'm new to this forum and have read about requesting notes of ...

scratchproof wrote:Now there is a provision in the hway t/act that I can make the turn, if I got permission from other driver

No there isn't.

Although the set fine no longer applies to a charge once it's gone to trial, prosecutors usually still ask for the set fine if they get a conviction, unless there is a record of prior convictions for similar or same offences.

Fail to surrender licence and no validation on plate are each $110 fines. Validation not furnished is a no set fine charge ...

You could try calling the court house to find out the status of your disclosure, but your plan sounds appropriate given the circumstances.

What all were you charged with?

Pacing is a perfectly acceptable way for an officer to measure your speed, assuming the did it correctly. They need to have followed you for an (approximately) measured distance while maintaining a constant following distance and observing their own speedometer. If this is what the officer did then the fact that they didn't use a radar or laser to ...

I can't advise you whether you should hire a paralegal or not. If they fight it you could have the ticket dismissed, or you could be convicted. Same thing if you represent yourself. The likelihood of the ticket being dismissed depends upon the merits of you specific case.

If you are convicted you will receive the points, that is non negotiable ...

That is correct, an officer has to follow you for a measured distance, however that distance does not have to be exact, nor does the speed have to be constant.

Also, an officer can pace you from a different lane, as long as they are running parallel to you and the distance remains constant.

A visual observation is not hearsay. But to answer your question, a visual observation is not sufficient evidence to lay a speeding charge. An approved speed measuring device must be used to confirm the officer's visual observations that the vehicle was traveling above the posted speed limit.

Pacing is also an approved way of measuring speed ...