A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
Justwondering
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Ticket Doesn't Offer Early Resolution - Speeding - Choose Option 2 Or 3?

by: Justwondering on

I was driving on Highway 7 behind a truck doing less than the speed limit. I correctly pulled out to pas

s, only to realize that there was a small car in front of the truck which I would also need to overtake; however, it sped up like crazy as I was trying to pass. I had to super accelerate to get by it as the overtake markers on the road were ending. As soon as I passed I was pulled over for speeding 29km over the limit. I realize I was speeding, way more than I wanted to travel, and intend to plead guilty. I would like to ask for some leniency, I have never had any type of fine or ticket before. Being a young recent graduate, I am really tight on money and I am really concerned about the increase on my insurance. The demerit points matter to me because my insurance won't go up for a "minor conviction" and I am not sure they would consider 3 demerit points minor. My ticket does not offer Early Resolution as an option. My options are 1. to plead guilty and pay the full ticket 2. Plead Guilty – Submissions as to Penalty where I need to physically go to the courthouse almost 200km away and hope to get a reduction in fine. My understanding is the JP can’t reduce the demerit points though which is what will most effect my insurance. The last option is 3. Notice of Intention to Appear in Court. This feels awful, like I am gambling, with an outcome. I would just like to get some reasonable advice (information) on whether I should be choosing Option 2 which is designed to be discussing a reduction of fee. Option 3 seems odd because I am pleading guilty but requesting reduction of fee as well – it seems like the same thing. Can anyone help me understand my rights and how I should best respond given I intend to plead guilty but ask for leniency. Thanks so much for any help.

argyll
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by: argyll on

If you are going to plead guilty but ask for a reduction in the fine amount and perhaps ask for time to pay then it is option 2 that you want. You would have to appear in court or have someone do it your behalf so you have to balance up the cost in appearing versus the reduction that you might get.


It isn't the demerit points that matter to insurance but more the type of offence. Almost all (if not all) insurance companies will consider a 29 over ticket to be minor.


So if you are pleading guilty then the points don't really matter (assuming you aren't going to rack up a whole bunch of other tickets), the conviction will be a minor one and so it is just about the amount of the fine and whether you want to drive 400 km round trip to get a reduction that might not even cover your gas.

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