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Ontario Highway Traffic Act

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Help for my first speeding ticket
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PostPosted: Sat Jul 09, 2016 5:18 pm 
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Joined: Sat Jul 09, 2016 3:57 pm
Posts: 4
I was driving on Highway 15 from Kingston to Ottawa just about 15 minutes north of 401. The posted speed is 80 KM/h and I was driving around 110 KM/h to pass a car in two lane passing zone. The officer stopped me just I passed the other car on my right. He said I was driving at 140 km/h. I think he was lying. After he checked my record and told me I am good then he reduce the ticket speed to 109 KM/h and said this wont' affect my insurance. After I read some articles here I fond those officers are always play some psychological game. Always give you some very high number and then tell you he did some good thing for you and want people stop fighting the tickets.

I have following questions:

1. Do I need to fight or is it to worth to fight it?
2. Does this will impact on my insurance cost?
3. If I plan to fight, do I have go to the court office to start the process?

Thanks.

Jack


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Re: Help for my first speeding ticket
PostPosted: Sun Jul 10, 2016 12:04 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
1. In my opinion, yes it is always worth it to fight it.
2. Yes most likely it will cause your rates to go up, even if it is 0 demerits.
3. The back of the ticket will tell you your options. You want NOT GUILTY with a TRIAL option. You may be able to mail it in, but some places require you to go in person.

WHAT SHOULD I DO? HOW DO I FIGHT MY TICKET?
Regardless of how simple or complex the charge is (from parking tickets to DUI), you have the RIGHT to a fair trial and a RIGHT to see the evidence they have against you. Even if you admit to doing whatever you were charged with, you still have these rights.

So my advice is that you should plead NOT GUILTY and request a Trial with the officer present. Once you get your Notice of Trial with a trial date, you can request disclosure (copy of notes of all officers involved, copy of radar/laser device manual if applicable).

Once you get the disclosure (officers notes), post them back on the forum so we can review them and give you more advice (black out any personal id info and officer id info).

You have nothing to lose by doing this, as you can still plead guilty and pay the ticket anytime up to the trial. You have everything to gain because the officers notes contain what they will testify, and if something is missing in their notes, you might be able to get the charge dropped.

VEHICLE INSURANCE & DEMERITS
The effects of pleading guilty to a 0 demerit charge, can still cause your insurance rates to increase for 3 years. It is important to remember that insurance companies do NOT care about demerit points. Insurance companies rate the tickets you get as either MINOR, MAJOR or SERIOUS. For each minor conviction you have, your insurance may raise your rates a little. For each major conviction you have, your insurance may raise your rates a lot. For each serious conviction you have, your insurance may DOUBLE your rates or even refuse to provide you with insurance at all.

For example, most speeding tickets, regardless of demerit points, are considered minor and will affect your insurance the same. Example:
- Speeding 1 over to 15 over = 0 demerit points = Considered MINOR by inusrance company.
- Speeding 16 over to 29 over = 3 demerit points = also considered MINOR by inusrance company.
- Speeding 30 over to 49 over = 4 demerit points = also considered MINOR by most inusrance companies (some may consider this MAJOR).
If you get a ticket for 1 over, it will affect your insurance exactly the same as if you got a ticket for 29 over. The insurance companies do not care about the demerits and do not care about the speed.

SPEEDING - OFFICER LOWERED SPEED
Police in Ontario have the discretion to lower the speed on the ticket if they want. They do not have to do this, it is completely up to them. If they do lower the speed though, and you take it trial and you lose at the trial, the ticket will be raised back up to the higher speed.
Example:
- An officer pulls you over and says you were going 20 over, but drops the ticket to 15 over so it is 0 demerits instead of 3 demerits. If you go all the way to trial and then lose at the trial, you will be charged with the higher 20 over and have to pay the higher fine and get the 3 demerits. But also remember that you still have the right to a trial and the right to see the evidence/disclosure first. You can still choose to plead guilty and pay the lower 15 over ticket right up until the trial. And also remember that the 15 over 0 demerits can still cause your insurance to go up the same as if you got the 20 over 3 demerits ticket.

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


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Re: Help for my first speeding ticket
PostPosted: Sun Jul 10, 2016 2:16 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 721
That's a pretty big allegation to say the officer is lying. Do you really think he or she is going to fabricate a speeding charge and jeopardise a $100k a year job just to issue you a ticket ?

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Help for my first speeding ticket
PostPosted: Sun Jul 10, 2016 10:10 am 
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Joined: Sat Jul 09, 2016 3:57 pm
Posts: 4
argyll wrote:
That's a pretty big allegation to say the officer is lying. Do you really think he or she is going to fabricate a speeding charge and jeopardise a $100k a year job just to issue you a ticket ?


Sorry, I mean it is impossible for me to drove at 140 KM /H on the highway 15. When I looked at my speed meter it just around 110 KM/H

jsherk Thanks for your information, Do I have to got to the court office written on the ticket or I can go to other one close to my home?


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Re: Help for my first speeding ticket
PostPosted: Sun Jul 10, 2016 12:06 pm 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 474
I "HATE" when they say this; of course it will, there's so many posts's both here and on other forums where people who've been copped, say this same line ; where cops are saying; they'll lower the points or reduce the speed it won't effect your insurance.
Why do they say that when they blatantly know it's not true

ANY conviction is going to have an effect on your insurance; either small or large, and certainly over 4-5 years
annoys the beejeebus outta me.

laojianke wrote:
and said this wont' affect my insurance.

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: Help for my first speeding ticket
PostPosted: Sun Jul 10, 2016 12:11 pm 
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Sr. Member
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 474
similar line I was given about speed (when I had my first one)
1st the guy tailgated me within inches to get me to speed up <although some would debate that>
then saying I was doing nearly 149, This was in a 2002 POS neon. and on a highway with some traffic
nuts, although I didnt check my speedo and I was shifting (120ish), but nowhere near not 149;
then saying ok I'll give you a break and not take my car
crazy

laojianke wrote:
I was driving on Highway 15 from Kingston to Ottawa just about 15 minutes north of 401. The posted speed is 80 KM/h and I was driving around 110 KM/h to pass a car in two lane passing zone. The officer stopped me just I passed the other car on my right. He said I was driving at 140 km/h. I think he was lying. After he checked my record and told me I am good then he reduce the ticket speed to 109 KM/h and said this wont' affect my insurance. After I read some articles here I fond those officers are always play some psychological game. Always give you some very high number and then tell you he did some good thing for you and want people stop fighting the tickets.

I have following questions:

1. Do I need to fight or is it to worth to fight it?
2. Does this will impact on my insurance cost?
3. If I plan to fight, do I have go to the court office to start the process?

Thanks.

Jack

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


Top
 Profile  
 
Re: Help for my first speeding ticket
PostPosted: Sun Oct 23, 2016 2:29 pm 
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Newbie

Joined: Sat Jul 09, 2016 3:57 pm
Posts: 4
Finally I got the letter from the court office.

The letter said
"that a Hearing for Early Resolution discussions with the Prosecutor has been scheduled for: Date November 15, 2016,
......

If you and your representative do not attend in person at the time fixed for this Hearing a trial will be set. "
"

So what is my next step do I need to attend that Hearing or just waiting for the trail?

Thanks in advance.


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