35km over reduced to 20km- STUDENT

flannelpjs
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35km over reduced to 20km- STUDENT

Unread post by flannelpjs »

Caught Jan. 2017 doing 135km in a 100km (OPP highway- QEW EB Toronto @ third line), officer reduced ticket to 120km. Just recently plead guilty in august 2016 from a car accident to following too close (2 dermits, $110 fine) from a careless driving charge (6 points, $490 fine).

1. Should I do early resolution or trial? I know from research trial is the better option, but the officer already reduced it to 120km. In addition I just got 2 points
2. Is it possible it can go back up to speeding over 29km from 20km over?


jsherk
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Re: 35km over reduced to 20km- STUDENT

Unread post by jsherk »

Early resolution is a waste of time in this case. Even at trial you most likely will not get a further offer to have it reduced by prosecutor as the officer already did that. Although, there is maybe a 50/50 chance of getting it down to 15 over (does not hurt to ask).

If you take it to trial and lose, it will be raised back up to the original 35 over so be aware of that.

I would plead Not Guilty and request a trial with the officer present. Once you get your notice of trial, then you can request disclosure (officers notes) and see if there are any big mistakes that will make it easy to beat. Failing that, then you show up for trial date and talk to the prosecutor ahead of time and see if they will offer you a further reduction (do NOT mention to them that it was already reduced).

Remember though that a 15 over (0 demerits) and the 20 over (3 demerits) will still cause your insurance to increase the same amount.
+++ This is not legal advice, only my opinion +++


screeech
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Re: 35km over reduced to 20km- STUDENT

Unread post by screeech »

If you were convicted of Follow too Closely, it is 4 points, not 2...
And if you fight this ticket, they will bump the speed back up to 35 over, which will be 4 more points if convicted...


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bobajob
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Re: 35km over reduced to 20km- STUDENT

Unread post by bobajob »

jsherk wrote:Remember though that a 15 over (0 demerits) and the 20 over (3 demerits) will still cause your insurance to increase the same amount.
as jsherk says also to note the points are irrelevant to some extent, except for totting up
if you get a conviction for speeding under 49kmh its usually considered minor, 50 or over major
and then you will have 2 convictions as far as insurance is concerned not a good place to be
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


OTD Legal
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Re: 35km over reduced to 20km- STUDENT

Unread post by OTD Legal »

flannelpjs wrote:Caught Jan. 2017 doing 135km in a 100km (OPP highway- QEW EB Toronto @ third line), officer reduced ticket to 120km. Just recently plead guilty in august 2016 from a car accident to following too close (2 dermits, $110 fine) from a careless driving charge (6 points, $490 fine).

1. Should I do early resolution or trial? I know from research trial is the better option, but the officer already reduced it to 120km. In addition I just got 2 points
2. Is it possible it can go back up to speeding over 29km from 20km over?
The Officer reduced the offence from a 4 demerit point to a 3 demerit point offence. Reduced speeding tickets can be fought, but they are generally all-or-nothing defences. Barring a legal argument to have the charge thrown out at court, it sometimes may be possible to press for a a slightly better lesser offence. However, that may be a tough argument.

Follow Too Closely is a 4 demerit point offence, not a 2 demerit point offence. While a FTC is better than a Careless Driving, its not really a great plea deal as it may still be classed as a major offence for insurance. Generally I'd look to argue to something in the 0 to 3 demerit point range.

If you wish to contest the current Speeding offence, you may wish to seek out a paralegal to do so on your behalf. Such cases are problematic in that the Prosecutor may seek to amend the rate of speed back to 135 km/h at trial. As such, these matters have to be handled carefully to avoid such an amendment.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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