Risk to get an elevated fine if failed in the trail?

kkwale
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Risk to get an elevated fine if failed in the trail?

Unread post by kkwale »

Got a ticket for holding cell phone while waiting at red light. Wondering if fight it at court but failed, will I get an elevated fine. I'm a little frightened by the note on the website:
https://www.ontario.ca/page/distracted- ... #section-2
a fine of $490, if settled out of court (includes a victim surcharge and the court fee)
a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose

Is there any possibility that prosecutor changes it to a minor charge that won't affect my insurance too much? I HAD a mounted holder but was in a hurry at my first day to college so didn't put it into the holder. Was checking the MAP but not calling or messaging. Will talk with prosecutor this week but has little confidence that he will give me the pity, so I'm preparing for fighting it a court, but really worried for an elevated $1000 fine...


jsherk
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Re: Risk to get an elevated fine if failed in the trail?

Unread post by jsherk »

Most of the time they will not try to increase it beyond the original amount unless there is some reason. So some reason might be that you have had several of these tickets and they want to try and teach you a lesson. But simply fighting the ticket in court is not a good enough reason for them to raise it up. In fact if you tell the JP about all your financial problems, you might get it reduced.
+++ This is not legal advice, only my opinion +++


iFly55
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Re: Risk to get an elevated fine if failed in the trail?

Unread post by iFly55 »

If you received a ticket, it is a Part 1 Provincial Offence Notice; the crown can only fine you up to a maximum of $1000. https://www.ontario.ca/laws/statute/90p33#BK15

I can't find a maximum fine for Part III Summons, for Stunt Driving they say $10,000 so it might be unlimited.

If it's your first offense, you will most likely get the minimum fine. If it's a repeat offense, then the crown may increase the fine. Also if the charge is related a collision, which resulted in damage/injuries that could also increase the fine.

Unfortunately, there are zero alternate charges for the crown to amend 'Drive – hand-held communication device'. The crown can only amend HTA charges to relatable ones, in Ontario you can't go from Speeding to a Broken Taillight ticket. Red light — fail to stop can be amended to Green light — fail to proceed as directed. Fail to obey traffic control stop sign can be amended to Disobey sign.

You will have to show financial hardship in order to have the minimum fine reduced. The courts have always taken distracted driving charges very seriously even before they increased the fines, added points and escalating novice class sanctions. I advise that you do not talk about the 'map', and how you weren't texting or making a phone call during sentencing. You will not be well received.


bend
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Re: Risk to get an elevated fine if failed in the trail?

Unread post by bend »

kkwale wrote:Is there any possibility that prosecutor changes it to a minor charge that won't affect my insurance too much?
It's already going to be a minor offense. If you've had a run of the mill speeding ticket before, expect much of the same.


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