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Ontario Highway Traffic Act

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Re: Looking for advice on stunt driving first court appearan
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PostPosted: Thu Jun 30, 2016 4:04 am 
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Joined: Wed Jun 10, 2015 7:22 pm
Posts: 10
bobajob wrote:
he "has" 2 speeding convictions.

did you not read that bit ?

He also didn't mention that in his opening, although he did say

"I do terribly regret everything and have no intentions of speeding. " :shock:

So 3 in total; that makes him a serial speeder. Am I missing something?


Yes, I clearly read that part... did you read my response in full? I said: "I'm not sure how your two previous infractions will play into this, but either way I would definitely see the prosecutor yourself before hiring a paralegal."

I'm not convinced that two prior tickets for 15km over in the last 5 years labels one a "serial speeder," but in any case that's up to the prosecutor. Instead of offering a reduction to 49 over, the prosecutor may simply drop the stunt driving charge and charge 51km over under S128... In any case, OP should definitely talk to the prosecutor themselves before spending money on a paralegal.


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Thu Jul 14, 2016 1:54 am 
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Joined: Wed Jun 22, 2016 5:28 am
Posts: 4
Thanks again for all the info ; I am
New at this

1) how often do they offer a deal at first summons ?
2) if they offer a deal can I still ask for disclosure?
3) court is in one week thanks for the help


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Thu Jul 14, 2016 8:39 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Did you get a NOTICE OF OFFENCE or a SUMMONS? These are different.

Offering a deal is completly up to the prosecutor, so there is no "how often" to when they do or do not do it.

If it is a SUMMONS date (which is not your trial date yet) then you can see if the prosecutor offers you a plea deal. Once they have offered you something, you can then say "Can I view the disclosure before I decide whether to take the plea deal?" They might say yes or no to this request.

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+++ This is not legal advice, only my opinion +++


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Thu Jul 14, 2016 8:46 am 
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Joined: Wed Jun 22, 2016 5:28 am
Posts: 4
It is the summons. Is the prosecutor the one that I will talk to first ?


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Thu Jul 14, 2016 10:10 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Yes. You will check in when you get there, and tell them you want to talk to prosecutor before court starts.

At a SUMMONS date, you can:
1- Just plead guilty and it's over (not recommended).
2- If offered a plea deal, you can plead guilty to plea deal offer and it's over.
3- If offered a plea deal, you can ask if you can see disclosure before you accept the plea. If they say yes, then great (they will set another summons date). If they say no, then you need to decide whether to accept gulty plea now, or request a trial.
4- Say you want to see disclosure before you decide how to plead. In this case they will se another summons date for you come back to (which is still not the trial date).
5- Say you are going to plead not guilty and request disclosure and a trial date. In this case they will set an actual TRIAL date for you to come back.

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+++ This is not legal advice, only my opinion +++


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Thu Aug 04, 2016 6:05 pm 
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Joined: Thu Aug 04, 2016 5:55 pm
Posts: 2
Hi OP, any updates on your case?


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Re: Looking for advice on stunt driving first court appearan
PostPosted: Sun Aug 21, 2016 2:10 pm 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 504
I believe at the ER; they can tell when your last conviction was; from "somewhere" I saw something like a figure of only if clean in the last 3 years of driving, they will reduce it
(I can't remember) perhaps if it still shows on the abstract that still applies.

A total 3 speeding "events" in 5 years is a lot. I've been booked for speeding only once in 8 years (in this country) and NEVER in the UK, (25+ years driving)
Had other tickets but no speeding fines. Lucky or just a safe driver? Pass :)

I guess if you look at a driving record and the only times a person has been done, has been for speeding, I guess, that Mister Leadfoot is traditionally a fast driver?
Tickets stay on the insurance for 5 years (in this country) so again 2 / 3 IS a lot.

Same analogy if the person getting booked, is only getting booked for DUI, over a period of time; gotta suspect the guy has an intolerance to alcohol.




HTA25 wrote:
bobajob wrote:
he "has" 2 speeding convictions.

did you not read that bit ?

He also didn't mention that in his opening, although he did say

"I do terribly regret everything and have no intentions of speeding. " :shock:

So 3 in total; that makes him a serial speeder. Am I missing something?


Yes, I clearly read that part... did you read my response in full? I said: "I'm not sure how your two previous infractions will play into this, but either way I would definitely see the prosecutor yourself before hiring a paralegal."

I'm not convinced that two prior tickets for 15km over in the last 5 years labels one a "serial speeder," but in any case that's up to the prosecutor. Instead of offering a reduction to 49 over, the prosecutor may simply drop the stunt driving charge and charge 51km over under S128... In any case, OP should definitely talk to the prosecutor themselves before spending money on a paralegal.

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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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