A place to discuss any general Highway Traffic Act related items.

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Zatota
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by: Zatota on

10 km/h over the limit is a minor offence. Some insurance companies will not increase premiums for one ticket in a certain number of years. Others will increase them a little. You could always ask your insurer or your broker if you want to know for sure.


If you received a ticket at only 10 clicks over the limit, I'm guessing you were actually driving faster, but the officer reduced your speed. If you try to fight the ticket, the prosecutor will amend the charge to reflect your actual speed.

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Pepsi
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by: Pepsi on

Thank you Zatota. Yes, the officer said I was going 71. I didn't think so but then I don't keep my eyes peeled to the speedometer and I was passing another car at the time. My understanding is that 10km over means no demerit points but at 21 over there would. As you said, if I decide to contest the ticket and lose, 71 is likely to be used so contesting would only be worthwhile if the officer didn't show up which does happen but it is a risky bet. What would happen if I asked for a court date and not show up, would the original ticket stand or would they amend the charge to 71km? If the court date is few months into the future, it might get me past renewal date which I believe would mean 1 year increase saved. Would appreciate your thoughts on this. Btw, I don't think my insurance forgives and I won't call to find out to give them a heads up. Thanks!

argyll
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by: argyll on

I would be quite surprised to see your rates go up for one 10 over ticket. And if they did it wouldn't/shouldn't be much.


Don't worry about the demerit points. They mean nothing to your insurance company and only come into effect for suspension purposes if you get a whack of tickets.


If you want to delay the conviction then ask for a trial, request disclosure. If the disclosure doesn't arrive in time for you to study it, you can ask for an adjournment. On the day of trial you can go to the court house and see if the officer is there. If (s)he is then you can just say you are going to pay the ticket prior to the start of your trial. Bear in mind that some Crowns call officers in off the road just in time for their trial so if they aren't there at the beginning of the session then it doesn't mean they wouldn't be there for your trial.


All of that takes your time - what is your time worth ?

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

Thanks agryll, your reply had exactly the info I was looking for. So you're saying there will be an opportunity to just go and pay the ticket as if I never asked for a trial? Won't the prosecutor/judge question that and raise/add fines for their trouble? good point about the time, but..can I get a friend or family member to act on my behalf?

Zatota
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by: Zatota on

Pepsi wrote: Sat May 26, 2018 6:28 pmSo you're saying there will be an opportunity to just go and pay the ticket as if I never asked for a trial?
Yes. You can plead guilty right up until the time the clerk asks you how you plead.


Pepsi wrote: Sat May 26, 2018 6:28 pmWon't the prosecutor/judge question that and raise/add fines for their trouble?
No. Because you've avoided the trial, there's no "trouble."


Pepsi wrote: Sat May 26, 2018 6:28 pmcan I get a friend or family member to act on my behalf?
Yes you can.

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Pepsi
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by: Pepsi on

Thanks Zatota, this is very helpful. Interesting how these things work. I will have to give it some thought..without knowing the court date I will have a hard time ensuring I can find someone to act on my behalf. Anything past September should be a non-issue. Would you know what the average wait time for trial?Thanks so much to both you and argyll for taking the time to provide the info!

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