A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
infidel
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73 On 50..need Advice On Trial

by: infidel on

Hello folks.

I need some urgent advice here as I am worried on how to proceed.

I am new to Canada(driven when in the past..but returned after 1.5yrs) I landed here and promptly renewed my G Driving License. So the very next day was my first drive in Canada in 1.5 years in a new city(Milton). I dropped my friend in his car at the local GO station and was returning when I was pulled over for going 73 in a 50 zone. No excuses really. The car was new to me and I wasnt really thinking I was over the limit nor observing the odometer. Most 3 lane roads in Milton have a limit of 70 but this one was 50 and I didnt know frankly. The cop ticketed me for the speed showing on his speed gun despite me telling him I was new and this was literally my first drive in a long time(I think they are trained not to trust!). I was adviced to go for an early resolution which was in october. Here I was offered that the speed will be lowered to 65 and I can get away with just a 60$ penalty and no demerits. I had too many ppl advising against taking this bait and messing up my history for insurers so I rejected the offer and pleaded not guilty. I just received a trail schedule for March 2018 for the original charge. Now I am in 2 minds on how to proceed with this. Any advice on how to go about the disclosure, what to expect on court day and if I will need a paralegal will help.

1. New to Canada and on my first drive literally (no kidding). Road seemed like a 70er but turns out its a 50. Not sure why the cop was adamant and didnt let me off with a warning. Its not an excuse really but was hoping for leniency.

2. I have been looking for a job since the day I landed but couldnt find one yet. Dont mistake me, I worked for a top IT concern but with my years of experience it is not expected to be easy finding a job. I am hoping to find a job soon and then buy a car. So the penalty amount and the insurance fees are important to me. Also I am not sure I can afford legal help without a job.

3. If I ask for disclosure should I ask for email as I live far from Milton now and cant afford another ride.

4. When does the clock on the 3 yr driving history period start in case I look for insurance?


As you can see, I am new and nervous. Any advice will be greatly appreciated.

argyll
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by: argyll on

The first ticket won't affect your insurance too much. By pleading not guilty and going to trial you are basically going all-in; you'll either be found not guilty or guilty and the ticket will be ratcheted up to the full amount. Do you have any reason to think you might have an avenue to be found not guilty ? You will want to get disclosure and there are many many threads concerning that. You can post it here and people will be able to comment on what they think your chances are.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
infidel
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Joined: Fri Oct 27, 2017 8:03 am

by: infidel on

argyll wrote:The first ticket won't affect your insurance too much. By pleading not guilty and going to trial you are basically going all-in; you'll either be found not guilty or guilty and the ticket will be ratcheted up to the full amount. Do you have any reason to think you might have an avenue to be found not guilty ? You will want to get disclosure and there are many many threads concerning that. You can post it here and people will be able to comment on what they think your chances are.

Thanks for the reply!

No I have no avenues to be found not guilty and am hoping for some leniency considering my case. I had gone ahead an pleaded not guilty as the overwhelming advice on these fora is for it. I am hoping the officer is absent and the case is closed but again only 'hoping'

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