So just so happened to be my birthday, as well as my grandmother's funeral today. I currently am still in shock over the passing and sometimes zone out and think to myself. This morning, I didn't happen to pay attention to my speed, and that's when I got clocked. The officer pulled out from a plaza, almost ramming my car, so I pulled to the side, 4 ways on, insurance and license on dash, all windows down, threw the keys out the window and had both hands on the steering wheel. He comes to the vehicle, and says you are being stopped for doing 115 in a 50. At first I was in disbelief because I did not think I was going that fast, but it is a possibility. Anyways, I say very minimal to him so I don't incriminate myself. He takes my info and goes to his car, comes back with a 15 over ticket and explains my options on the back. Now I am very grateful I did not get charged with stunt, but my question is, should I try and request a trial, explain my situation and hope for sympathy, or should I just pay the ticket?
A little background: 2 speeding tickets convicted in July 2011, 1 Admin-Suspension Impared 3 days in March 2015
What more are you expecting, really? You can either pay the ticket or take it to trial. If take this to an early resolution meeting, they are not going to entertain the thought of doing anything with this ticket other than scheduling you a trial. They are going to know you were doing 115km.UnluckyDuck wrote:Now I am very grateful I did not get charged with stunt, but my question is, should I try and request a trial, explain my situation and hope for sympathy, or should I just pay the ticket?
I'm not even sure what kind of officer reduces a 65km over to 15km over, especially in a 50km zone. Not 49, 29, but 15. It's almost too good to be true.
Once you get your trial date, request disclosure (officers notes and copy of radar/lidar manual).
Once you get disclosure then you can decide whether to fight it further or not. If the officers notes say you were doing 115 in a 50 then if you take the 15 over to trial they will amend the charge up to 65 over at the trial.
15 over is 0 demerit points but can still affect your insurance. However 65 over is quite a bit worse.
Can you post a copy of your ticket (black out any identifying information like name address drivers license number and officers name)?
Normally officerÃ¢Â€Â™s exercising discretion on speeding tickets isnÃ¢Â€Â™t a big thing, but technically when it comes to stunt driving theyÃ¢Â€Â™re not supposed to. Whereas most of the HTA states an officer Ã¢Â€ÂœcanÃ¢Â€Â or Ã¢Â€ÂœmayÃ¢Â€Â, the section related to stunt driving reads Ã¢Â€ÂœshallÃ¢Â€Â. I think thereÃ¢Â€Â™s a very high chance the officer will be directed by his supervisor and/or Crown to issue you a corrective summons for the full speeding charge plus stunt driving.
It is pretty bizarre however that your ticket was reduced by so much. Perhaps there is some reason the officer feels he couldnÃ¢Â€Â™t prove the offence in Court (no radar test?) hence the generous reduction. But itÃ¢Â€Â™s a gamble. It would suck to pay the fine and be convicted if you could beat the charge in Court. But it would suck even more if the officer was just being nice and you end up with a stunt driving charge because of it. And just FYI, your personal situation would not be a defence at Court, so if you do go to trial you need an actual defence.
S172 Stunt Driving carries a minimum fine of $2000 up to $10,000; +65 in a 50 zone is guaranteed to have license suspension of up to 2 years; keep in mind, you could also be incarcerated for up to six months. Even though Stunt Driving affords you a due diligence defence, the one you've described here will not help you whatsoever.
I don't believe your family friends fully understand the consequences of proceeding to trial for a +65km/hr in 50 zone charge in Ontario.
Even if the crown wanted to charge you with +65 under S128 that's still $9.75 x 65km/hr + victim surcharge + court fee = $763.75
S128 Speeding is an absolute liability offence in the province of Ontario, the only defence is available is one of necessity.