61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.

416serg
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61km/hr over driving on the 401, construction zone (no workers). Already had my early resolution meeting.

by: 416serg on
Sat Feb 16, 2019 2:31 pm

Long story short, I was driving from Toronto to London and around Kitchener, where the construction zone starts, the officer was on the curb and pulled up behind me. He showed me his LISAR reading and it said 141 km/h. Since it was in the construction zone (no workers present), they suspended my license and impounded my car for 7 days. This was a Saturday in December. The traffic was heavy and I was going in the left lane with the flow (cars in front of me, cars behind me, not tailgating, not being tailgated).

I went to my initial hearing in Kitchener, and they gave me my disclosure and I went to an early resolution meeting with the prosecutor. The deal they gave me is 61 over still, but not a stunt driving charge, just speeding if I do 4-6 hours of community service.

I've spoken to a few paralegals prior to getting my disclosure and they all said the same things along the same lines "Oh, Kitchener is bad. We will try to fight it but if we can't, we'll get you a good deal". I was hesitant to pay $1,000 to someone to go in and get the same deal as the prosecutor gave me at the initial hearing. I even asked and they said "This is the best deal we can give, and this is what we would give you if you were represented by a paralegal" I don't know how true that is though.

Anyway, what are my best options here? Should I go speak with a paralegal and get them to review my disclosure? Most of the ones I called only offer to take the full case, but I just want them to look at it first, advise me on my options and then I can decide whether I want to be represented or deal with it myself.

Thank you for your time in reading this and any future feedback, comments, suggestions.
416serg
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by: 416serg on
Mon Feb 25, 2019 11:56 am

Here's the disclosure, the officer definitely checked all the right checkboxes on his notes (radar was tested in the morning, etc): https://www.dropbox.com/s/rtnmbhyt302lg ... d.pdf?dl=0

I was also told that going with a paralegal at this point might be beneficial, especially a local one, since they know the judge and the prosecution well and might work out a better deal behind closed doors.

I was also told that under section 59(2) of the Provincial Offences Act the justice can impose a fine lower than the minimum amount or even suspend your sentence.

Thanks again!
416serg
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by: 416serg on
Mon Mar 04, 2019 11:31 am

Quick update:

Went to speak with X-Copper. They told me that the early resolution deal I got is one of the best ones you can get for a charge like this. They said it could be either:

A) I've done a good job at talking with them at the early resolution meeting
B) There is a big piece missing in the evidence and it's worth fighting for

They weren't willing to look over my disclosure without me hiring them. They quoted me $750 (usually it's $1,000 but they said since I've done most of the work already, they would lower it).

I am hoping I can go to my next hearing and ask for an extension since, financially, I really cannot afford something like this under my belt right now.
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