Hi there everybody, So as the title says, I made the bad decision to drive 180 in a 100 zone. It happened on Highway 400, a little north of Barrie around 11:30pm on a Friday Night. I've got some questions about how to deal with this charge. First off, the charge and the ticket itself makes no mention of the actual speed I was going. How will the court know I was going 80 over as opposed to just 50 over? Will the officer need to testify that himself or does the court receive this information from him prior? I've seen a lot of people on this message board make recommendations to get a paralegal for representation - Is this for cases where there is some ambiguity and/or departure from the typical protocol for being legitimately charged with racing a motor vehicle? Or is it just generally a better idea to have a paralegal argue your case, for the sake of reducing the fine, the charge, etc I ask the paralegal question because I am debating whether I should represent myself in court or pay to have somebody represent me. While I realize that the speed I was going was irresponsible and that whatever penalties I end up facing will be what I deserve in this case - I think that I could do a decent job representing myself. I was driving a car that I was unaccustomed to, that has a very, very sensitive acceleration (Mazda 3) on a highway that was almost devoid of traffic (didn't have much flow of traffic I could adjust to). My driving record is mostly clean, I believe I only have one ticket in the last three years - failing to present a license, although it unfortunately resulted in a driving suspension as the ticket went unpaid. And finally - I don't know what this will be worth in court - the officer seemed to empathize with me and was generally very kind. Now maybe I'm kidding myself and all of the above isn't anything remotely close to a good defence. Either way, if I have nothing else, should I still bother with a paralegal? Does anybody know how much they generally cost to defend a case like this? Very appreciative of any help, thanks guys and gals.
Hi there everybody,
So as the title says, I made the bad decision to drive 180 in a 100 zone. It happened on Highway 400, a little north of Barrie around 11:30pm on a Friday Night. I've got some questions about how to deal with this charge.
First off, the charge and the ticket itself makes no mention of the actual speed I was going. How will the court know I was going 80 over as opposed to just 50 over? Will the officer need to testify that himself or does the court receive this information from him prior?
I've seen a lot of people on this message board make recommendations to get a paralegal for representation - Is this for cases where there is some ambiguity and/or departure from the typical protocol for being legitimately charged with racing a motor vehicle? Or is it just generally a better idea to have a paralegal argue your case, for the sake of reducing the fine, the charge, etc
I ask the paralegal question because I am debating whether I should represent myself in court or pay to have somebody represent me. While I realize that the speed I was going was irresponsible and that whatever penalties I end up facing will be what I deserve in this case - I think that I could do a decent job representing myself. I was driving a car that I was unaccustomed to, that has a very, very sensitive acceleration (Mazda 3) on a highway that was almost devoid of traffic (didn't have much flow of traffic I could adjust to). My driving record is mostly clean, I believe I only have one ticket in the last three years - failing to present a license, although it unfortunately resulted in a driving suspension as the ticket went unpaid. And finally - I don't know what this will be worth in court - the officer seemed to empathize with me and was generally very kind.
Now maybe I'm kidding myself and all of the above isn't anything remotely close to a good defence. Either way, if I have nothing else, should I still bother with a paralegal? Does anybody know how much they generally cost to defend a case like this?
Very appreciative of any help, thanks guys and gals.
You could have a first attendance meeting with the Crown and see what (if any) deal they're willing to offer. You could also (typically free of charge) have a consultation with a paralegal and see if they think they can do any better for you. One important point to consider is what kind of impact the conviction will have on insurance. Sometimes paralegal fees may be more up front, but save you money in the long run with insurance. As for arguing unfamiliar car, sensitive throttle, etc., that will get you nowhere is terms of a defence against the charge as it stands.
You could have a first attendance meeting with the Crown and see what (if any) deal they're willing to offer. You could also (typically free of charge) have a consultation with a paralegal and see if they think they can do any better for you. One important point to consider is what kind of impact the conviction will have on insurance. Sometimes paralegal fees may be more up front, but save you money in the long run with insurance.
As for arguing unfamiliar car, sensitive throttle, etc., that will get you nowhere is terms of a defence against the charge as it stands.
If this is how you're expecting to represent yourself in court, i'd beg that you get a paralegal. Speeding is an absolute liability and can't be talked out of. The Justice of the Peace is only interested in whether you were speeding or not. Please don't repeat this sensitive throttle story to anyone else because it doesn't make your story better in the slightest. 50 and over is not something to take lightly. If you're ever going to pay for a Paralegal, this should be the time. I may be wrong here, but the reason why you received a ticket with no speed is because 50km and over is a straight summons to court. There's no set fine for going 80 over, therefore you are given a date to the courthouse.
Tazo wrote:
I was driving a car that I was unaccustomed to, that has a very, very sensitive acceleration (Mazda 3) on a highway that was almost devoid of traffic (didn't have much flow of traffic I could adjust to).
If this is how you're expecting to represent yourself in court, i'd beg that you get a paralegal. Speeding is an absolute liability and can't be talked out of. The Justice of the Peace is only interested in whether you were speeding or not. Please don't repeat this sensitive throttle story to anyone else because it doesn't make your story better in the slightest. 50 and over is not something to take lightly. If you're ever going to pay for a Paralegal, this should be the time.
I may be wrong here, but the reason why you received a ticket with no speed is because 50km and over is a straight summons to court. There's no set fine for going 80 over, therefore you are given a date to the courthouse.
Thanks for your quick and straight forward replies guys. I'm going to look for some quotes from paralegals tomorrow. To be honest, I just don't really understand what a paralegal will do for me. They can't change the facts of my case - that I committed the crime and I don't have a leg to stand on in terms of my defence. Can a paralegal do anything other than guide me through the process at this point?
Thanks for your quick and straight forward replies guys.
I'm going to look for some quotes from paralegals tomorrow. To be honest, I just don't really understand what a paralegal will do for me. They can't change the facts of my case - that I committed the crime and I don't have a leg to stand on in terms of my defence. Can a paralegal do anything other than guide me through the process at this point?
The paralegal will know the system well and will be able to tell you whether there are any holes in the prosecution's case. Some times the police make technical errors that can be used as a defense in court. The paralegal will see if the police have dotted all the I's and crossed all the T's. If they have, he can then probably tell you what kind of deal can be worked out with the prosecution to help lower the impact this will have on your record.
Tazo wrote:
Thanks for your quick and straight forward replies guys.
I'm going to look for some quotes from paralegals tomorrow. To be honest, I just don't really understand what a paralegal will do for me. They can't change the facts of my case - that I committed the crime and I don't have a leg to stand on in terms of my defence. Can a paralegal do anything other than guide me through the process at this point?
The paralegal will know the system well and will be able to tell you whether there are any holes in the prosecution's case. Some times the police make technical errors that can be used as a defense in court. The paralegal will see if the police have dotted all the I's and crossed all the T's. If they have, he can then probably tell you what kind of deal can be worked out with the prosecution to help lower the impact this will have on your record.
The first thing you need to do is do what you need to and get the disclosure, and a copy of officers written notes, etc. Go to Ticket Combat and follow the steps, there is even a form you can download and fill out to help you get what you need. Only then will you know how to proceed from there, and whether you have any leg to stand on at all. From what you said so far, it appears you don't, and I'll agree with the others on reasons. Once you have these things, then you then might want to setup a free consultation with a Paralegal. Of course this will be FREE, so they will only very quickly look through your stuff if you are lucky to look for potential issues to exploit. Also, of course, they want your business, and will make a case on why you will be much better off with them, blah blah blah. See what I did in this thread: http://www.ontariohighwaytrafficact.com ... tml#p27314 I updated for you with the final outcome. Good luck, maybe the Crown will take some kind of pity on you (if you are poor in anyway might be worth mentioning) and offer a decent deal, but 180 is really fast, and if the officer caught you on radar (there are arguments against radar and ways to try and lesson the merit but I wouldn't count on them) then you are up the creek I'm sure.
The first thing you need to do is do what you need to and get the disclosure, and a copy of officers written notes, etc. Go to Ticket Combat and follow the steps, there is even a form you can download and fill out to help you get what you need.
Only then will you know how to proceed from there, and whether you have any leg to stand on at all. From what you said so far, it appears you don't, and I'll agree with the others on reasons.
Once you have these things, then you then might want to setup a free consultation with a Paralegal. Of course this will be FREE, so they will only very quickly look through your stuff if you are lucky to look for potential issues to exploit. Also, of course, they want your business, and will make a case on why you will be much better off with them, blah blah blah.
I updated for you with the final outcome. Good luck, maybe the Crown will take some kind of pity on you (if you are poor in anyway might be worth mentioning) and offer a decent deal, but 180 is really fast, and if the officer caught you on radar (there are arguments against radar and ways to try and lesson the merit but I wouldn't count on them) then you are up the creek I'm sure.
Hi folks, I've got a question. I did a search of my name on the internet recently and was surprised to find an "OPP News Release" describing a 'Racing a Motor Vehicle' offence I was charged with. I ended up accepting an early resolution with the prosecutor, which involved pleading guilty to a lesser charge. Rather than 'Racing a Motor Vehicle', I was convicted of 'Speeding'. So my question is, do I have any rights with regards to requesting the OPP remove/modify their 'News Release'? I obviously don't want this information on the internet at all - let alone describing a crime for which I was not ultimately convicted of. Thanks for your time.
Hi folks,
I've got a question. I did a search of my name on the internet recently and was surprised to find an "OPP News Release" describing a 'Racing a Motor Vehicle' offence I was charged with. I ended up accepting an early resolution with the prosecutor, which involved pleading guilty to a lesser charge. Rather than 'Racing a Motor Vehicle', I was convicted of 'Speeding'.
So my question is, do I have any rights with regards to requesting the OPP remove/modify their 'News Release'? I obviously don't want this information on the internet at all - let alone describing a crime for which I was not ultimately convicted of.
The article probably states you were charged, which you were. It doesn't mean you were convicted. Factually, it's sound. They aren't obligated to amend articles or releases based on new information unless it was in error. You can try contacting someone involved and see if something can be worked out.
Tazo wrote:
let alone describing a crime for which I was not ultimately convicted of.
The article probably states you were charged, which you were. It doesn't mean you were convicted. Factually, it's sound. They aren't obligated to amend articles or releases based on new information unless it was in error.
You can try contacting someone involved and see if something can be worked out.
Thanks for the quick reply Bend. Yeah, I've being doing some research myself, into defamation law, and I've come to the same conclusions. I've been considering calling the Constable that gave me the ticket, as his contact information is on the News Release. Alternatively, I could try and contact the township in which I received the ticket, as it is posted on their website. I have a feeling that my argument, about being convicted of a lesser charge, isn't going to elicit much sympathy from the Constable. So I think I may try to the township first, and the Constable as a last resort.
Thanks for the quick reply Bend.
Yeah, I've being doing some research myself, into defamation law, and I've come to the same conclusions.
I've been considering calling the Constable that gave me the ticket, as his contact information is on the News Release. Alternatively, I could try and contact the township in which I received the ticket, as it is posted on their website. I have a feeling that my argument, about being convicted of a lesser charge, isn't going to elicit much sympathy from the Constable. So I think I may try to the township first, and the Constable as a last resort.
Nothing will change The release is factual and correct. At the time you were charged with race a motor vehicle were you not? I have had people contact me to try and get accidents reports changed after they beat a charge in court. I tell them no there will be no deletions or additions. The report is factual and correct at the time. What happens in court is separate. OPS
Nothing will change The release is factual and correct. At the time you were charged with race a motor vehicle were you not?
I have had people contact me to try and get accidents reports changed after they beat a charge in court. I tell them no there will be no deletions or additions. The report is factual and correct at the time. What happens in court is separate.
Thanks for the response OPS. I contacted the township and they informed me that they reset the OPP News Releases every new year. Meaning it should only be up there a few more weeks. Appreciate all the help everybody, happy holidays.
Thanks for the response OPS.
I contacted the township and they informed me that they reset the OPP News Releases every new year. Meaning it should only be up there a few more weeks.
Appreciate all the help everybody, happy holidays.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…