a court scenario

[braveheart]

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lets say you are speeding down a road, and you get nailed by a cop on the radar gun.

he pulls you over and says "i got you going 118 in an 80 " or something in that range.
after writing you a ticket, he comes back and says he driopped it down to 95 to cut you a break. ( or any other number )

so off you go to court to try and fight your ticket.

when the cop takes the stand, he's allowed to look at his notes so he can remember certain things. he mentions under oath that he originally tagged you at xxx speed, and wrote a ticket for 95.

now the question.

If you get up and ask the cop if you were caught doing 95 on the radar gun, obviously, he will say no. since he's already mentioned that he dropped it down from a different speed

can you not ask the judge why you have been given a ticket for something you have not done ?

or even ask why the cop is allowed to charge people with whatever he feels like?

could they even change the ticket back to what the original speed was after the fact ?
ive always wondered about this.

anyone have any ideas on this ?

 

[psycho44]

yeah they can charge you the original speed happened to me somehow even though I plead guilty for 10 under and judge reduced my fine to $10 but yet I lost 2 demerit points go figure. Sometimes if the police reduces your speed they will put an R beside it. Usually if you don't plead guilty but want to argue it the prosecutor upon how much he's a dick can request that you be charge the original speed I think that's how it works.

 

[ReaImDown]

yeah they can charge you the original speed happened to me somehow even though I plead guilty for 10 under and judge reduced my fine to $10 but yet I lost 2 demerit points go figure. Sometimes if the police reduces your speed they will put an R beside it. Usually if you don't plead guilty but want to argue it the prosecutor upon how much he's a dick can request that you be charge the original speed I think that's how it works.

100% true

They can go back and up the charge/fine... The only time that can't happen is in criminal law... They can lower the charge, but not up it... Thusly they're better to charge you with murder and drop it to manslaughter than to charge you with manslaughter and not be able to charge you with murder


- Randy

 

[N3WMAN]

If the police officer drops the ticket from 118 to 95, he will mark the ticket with an R signifying a Reduced charge. If you fight it in court, you cannot fight it based on being charged with something you didn't do because you were charged with 118 but Reduced to 95. They can reinstate the original charge of 118 if they want to.

Most officers do this to be nice, and lower the chances of you fighting it in court. That way the ticket quote gets met with minimal time taken off to go to court.

 

[Splash]

Heard a story a few years ago that cops in a small town in the states were dropping speeding tickets to 15mph over (or some number) because revenue from 0 to 15mph tickets went to the town and 16+mph went to the state. After a while the judges would just throw out tickets if they were dropped bellow 15mph. The reasoning was the victim was charged with something they didn't do.

I'll try to find the article but I doubt I'll find it.

 

[caboose56]

lets say you are speeding down a road, and you get nailed by a cop on the radar gun.

he pulls you over and says "i got you going 118 in an 80 " or something in that range.
after writing you a ticket, he comes back and says he driopped it down to 95 to cut you a break. ( or any other number )

so off you go to court to try and fight your ticket.

when the cop takes the stand, he's allowed to look at his notes so he can remember certain things. he mentions under oath that he originally tagged you at xxx speed, and wrote a ticket for 95.

now the question.

If you get up and ask the cop if you were caught doing 95 on the radar gun, obviously, he will say no. since he's already mentioned that he dropped it down from a different speed

can you not ask the judge why you have been given a ticket for something you have not done ?

or even ask why the cop is allowed to charge people with whatever he feels like?

could they even change the ticket back to what the original speed was after the fact ?
ive always wondered about this.

anyone have any ideas on this ?

If you fight that ticket that has been reduced you will not be fighting against the decreased value. Using your example, if you took it to court you would be fighting the 118, not the 95.

The 95 gets thrown out the window the moment you decide to take it to court.

 

[Rob MacLennan]

lets say you are speeding down a road, and you get nailed by a cop on the radar gun.

he pulls you over and says "i got you going 118 in an 80 " or something in that range.
after writing you a ticket, he comes back and says he driopped it down to 95 to cut you a break. ( or any other number )

so off you go to court to try and fight your ticket.

when the cop takes the stand, he's allowed to look at his notes so he can remember certain things. he mentions under oath that he originally tagged you at xxx speed, and wrote a ticket for 95.

now the question.

If you get up and ask the cop if you were caught doing 95 on the radar gun, obviously, he will say no. since he's already mentioned that he dropped it down from a different speed

can you not ask the judge why you have been given a ticket for something you have not done ?

or even ask why the cop is allowed to charge people with whatever he feels like?

could they even change the ticket back to what the original speed was after the fact ?
ive always wondered about this.

anyone have any ideas on this ?

We've been through this numerous times, in the Law & HTA forum. You are charged with speeding, not speeding at XX over the limit. The speed is used to calculate the fine and points attached, to the charge. Once you take it to court case law says that they can return the speed to the original, unreduced measurement.

 

[braveheart]

If you fight that ticket that has been reduced you will not be fighting against the decreased value. Using your example, if you took it to court you would be fighting the 118, not the 95.

The 95 gets thrown out the window the moment you decide to take it to court.

im my last round in court ( for a seatbelt ) the guy before me had this scenariop happen ( though he wasnt using my argument )

in the statements made by the cop, be said that he originally zapped a guy at xxx speed, and reduced it to another speed.

they were fighting the ticket of the reduced speed. they ended up winning ( with a paralegals help ) but not using the argument that i was suggesting of being ticketed for something you actually did not do.

along the lines of getting a ticket for one thing,and having the prosecutor get you to agree to something totally different

 

[OpenGambit]

im my last round in court ( for a seatbelt ) the guy before me had this scenariop happen ( though he wasnt using my argument )

in the statements made by the cop, be said that he originally zapped a guy at xxx speed, and reduced it to another speed.

they were fighting the ticket of the reduced speed. they ended up winning ( with a paralegals help ) but not using the argument that i was suggesting of being ticketed for something you actually did not do.

along the lines of getting a ticket for one thing,and having the prosecutor get you to agree to something totally different

Your argument may work in some jurisdictions. But not Ontario, thats because of the way the speeding offence is structured in the HTA.

 

[N3WMAN]

im my last round in court ( for a seatbelt ) the guy before me had this scenariop happen ( though he wasnt using my argument )

in the statements made by the cop, be said that he originally zapped a guy at xxx speed, and reduced it to another speed.

they were fighting the ticket of the reduced speed. they ended up winning ( with a paralegals help ) but not using the argument that i was suggesting of being ticketed for something you actually did not do.

along the lines of getting a ticket for one thing,and having the prosecutor get you to agree to something totally different

well there you go. The police officer stated what the original speed was and that he reduced the ticket.

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