canada_7
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1st Ticket: 100km In A 60km Zone South Of Middlefield (tor)

by: canada_7 on

I just got caught for doing 40 over in a 60 zone (was rushing since I was running really late...I know, no excuse to go that fast and I totally admit it was wrong). This was my first ticket ever so I didn't really know what to do. Initially I was just going to automatically plead guilty but the officer told me to go to court to have a chance to get the punishments lowered instead. I took a look at the back of the ticket and that was option 2. Can anyone tell me the process and the best approach? There's no doubt I was speeding and absolutely nothing incorrect that the Police Officer did so at the moment I don't see how the third option of going to trial would help me. However, I've had a couple people tell me to not immediately plead guilty but rather go to court to negotiate for a lower fine or something. I did a little reading and apparently demerit points won't exactly affect my insurance but the actual conviction of speeding is what will hurt me and increase my insurance. The car I was in was my father's car and I am the secondary driver to the vehicle. The place I got ticketed was on Middlefield, a bit south of Steeles, so in Scarborough (Toronto basically).


I was thinking of going to the Toronto office to get some sort of court date or something like that but I'm not exactly sure what I'm supposed to do once I get there or if this is even the proper way to approach this.

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by: Radar Identified on

Option 2 means you are pleading guilty to the offence as charged. You would be convicted, therefore, of speeding 100 km/h in a 60 km/h zone, and would receive four demerit points. Your insurance would show a conviction for 40 over. Your insurance would definitely increase. The JP may lower the fine, but that is it. This is usually only a reasonable option if you are fighting a red light camera ticket.


You want option 3. This gives you the opportunity to contest the charge. The officer may not show up for trial, the Prosecutor's office may not provide adequate or proper disclosure of the evidence against you, or it may take too long to bring it to trial. In any of those cases, the charge against you would be dismissed - and you get NO conviction on your record. Otherwise, if they do their job properly, you can plea-bargain to a lesser offence. It is your first ticket. You might be able to plea bargain to 15 km/h over the limit (0 demerit points), or 29 km/h over the limit (3 demerit points). Either offence is not a major speeding offence in the eyes of the insurance companies. Some of them would let the 15 km/h over go without increasing your premiums. None of these options are available to you if you choose option 2.


If you choose option 3, you'd fill out a Notice of Intent to Appear (go to www.toronto.ca and look for court forms). Then you'd take the Notice, plus your ticket, to the courthouse specified. (Probably at 1530 Markham Road.) If it is at Markham Road, be sure to pack your patience. If the paperwork is all filled out when you show up at the information window, sometimes the clerks are nice and will take the paperwork from you without making you wait 2-6 hours like everyone else who showed up without having anything ready. Then you wait for a trial date to arrive in the mail.


Or, if you're not comfortable with court proceedings, you could hrie a paralegal to do the work for you.


Those are your options. Let us know what you've decided to do.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
canada_7
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by: canada_7 on

Thanks for that. I plan on going with Option 3 and going today at around noon or so to the Markham Rd location office. I'm googling the documents you mentioned to get them done before getting them at the office to possibly speed up the process but do you have a link for them? Thanks.


EDIT: Did a bit of Googling and this is one I found


http://www.toronto.ca/court_services/forms/nia.pdf

Is there any other paperwork I need/should do prior to going there?


EDIT #2: So I ended up going there just now and gave in my NIA form plus a request for a First Attendance meeting, the guy said it would take about 6 weeks. If it takes any longer, I should call them or something (though I have read on Ticket Combat to not call if it does so; not sure if this is correct). If I miss my First Attendance meeting, it's automatic I go for trial.

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by: Radar Identified on

6 weeks? You'll be lucky if it is 6 months with the Markham Road courthouse. And yes, if you have not heard, I would suggest calling them. Good luck with it.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
canada_7
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by: canada_7 on

Radar Identified wrote:6 weeks? You'll be lucky if it is 6 months with the Markham Road courthouse. And yes, if you have not heard, I would suggest calling them. Good luck with it.

It was a Toronto police ticket so I'm being dealt with by them. I just got in the mail today my First Attendance meeting is scheduled for Monday, January 31, 2011. Considering what I have read and heard from others, I was a bit surprised this already came in the mail. Any next steps at this point or do I just wait until that date?

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by: Radar Identified on

No further steps are required right now. You can go to First Attendance and see what they offer you (might be worth it).

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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