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S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
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PostPosted: Sun May 15, 2011 1:00 am 
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Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.

It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).

How best to defend it?

I was offered to plea guilty to stunt driving with minimu fine, no imprisonment, no license suspension and with 6 point, and other charges will be withdrawn.

I don't want to accept this offer and my question is what are my options?

Additionally, can I get summon for s.8(1) for not signing the permit in inc?

Should I go to trial or plead guilty?

Thanks a lot for prompt reply.


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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Sun May 15, 2011 7:57 pm 
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Its possible to be charged with all those at the same time. Your case seems serious.

You should probably first contact a Paralegal/Lawyer if you have that many charges.

DON'T PLEAD GUILTY FOR NO REASON! You have alot of charges there.

Just send in your tickets to the address and choose option 3.

You can go to talk to the prosecutor that way yourself too or send your paralegal etc.

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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Mon May 16, 2011 12:18 am 
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I hired a lawyer and he said that after lots of discussions with Crown and Justice, they made this offer, and that during pre trial they think it's likely that the prosecutor will be able to prove guilt beyon reasonable doubt, and if I don't accept it, the prosecutor will see higher fine/short jail term and 6 months suspension.

How can he prove beyond doubt without speed device?

I am lost and don't know what else to do.
Should I change the lawyer? I don't want to plea guilty to something I didn't do. I am not even sure I was driving 100km/h, but I can assume that it's possible since it was downhill. I am 21 years old, and I had my cousin in the car.

Please advice!


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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Mon May 16, 2011 12:21 am 
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Additional question: what address should I send my tickets?

How can I talk to the prosecutor? Do I need to wait to trail or can do it before?


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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Mon May 16, 2011 7:57 pm 
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Your lawyer would be handling all of that stuff for you. If you do not like your lawyer's opinion, you can always seek other representation, however that is not really guaranteed to produce a different result (in fact, it probably will not). Given the fact that you have been plea-bargained down to a $2000 fine with no suspension or imprisonment, and 6 demerit points, that's really not so bad.

Your permit must be signed in ink. That charge would be valid.

How do you know the officer did not use a speed measuring device? It is quite possible, also, that you were paced by the cop, and that he used the vehicle's calibrated speedometer was used to track your speed.

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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Mon May 16, 2011 8:05 pm 
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Ya did you get disclosure? It would say in there what method was used to observe the speed.

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Re: S.128 and S.172(1) and s.130 and s.8(1) - is possible al
PostPosted: Tue May 17, 2011 12:01 am 
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This bargain is bad, since my record will be destroyed. Suppose that the pacing was used, what arguments/options do I have?

Is there a good strategy to reduce it to speeding of less than 50km/h?

Thanks a lot!


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