Big speeding ticket on DVP - few questions | GTAMotorcycle.com

Big speeding ticket on DVP - few questions

GTA_6speed

GTA_6speed

Well-known member
Got onto the DVP southbound at Lawrence last night around 8:30pm. Noticed the cop tailing me just south of Eglington and was pulled over south of the Spanbridge. Ticket for 41 over, no reduction.

Few questions for you guys, thanks in advance for the help!

- I believe it was a City of Toronto officer but the ticket is green? The ones I have gotten in the past were yellow?

- Early Resolution option? Worth trying or should I just go with the trial option?

- Should I have asked to see his radar? There were a number of cars on the road, does that impact the likelihood that he was getting an accurate reading off of my car, from way behind?

Any other suggestions?
 
Set a trial date and see what the disclosure says, He could have either used Radar, Lidar or paced you.
 
The officer isn't required to show the RADAR readout to you. In a case like this he might have paced you, rather than getting you on RADAR. Pacing is a tricky thing to fight.
 
GTA_6speed said:
1) I believe it was a City of Toronto officer but the ticket is green? The ones I have gotten in the past were yellow?

2) Early Resolution option? Worth trying or should I just go with the trial option?

3) Should I have asked to see his radar? There were a number of cars on the road, does that impact the likelihood that he was getting an accurate reading off of my car, from way behind?

Any other suggestions?
Click to expand...

1) No idea here but I would doubt it matters

2) What outcome are you hoping for? Early resolution may result in a reduction to 20 or 25 km/h over, and fewer demerit points, but won't get you out of the ticket completely, so it won't make a difference to insurance.

3) They don't have to show you their radar. To use the laser they must be stationary, he could have got you with radar or pacing, either are acceptable in Ontario courts. IIRC radar maximum acceptable distance in Ontario is something like 400m. If he was further back than this, he likely paced you (or will say he did). Radar typically shows the reading for the fastest target in view (although given a big size discrepancy ie. bike and truck, it sometimes shows the speed for the larger object).

Ask for disclosure, schedule a trial and be prepared to be entertained by our justice system. If you want help with your ticket, Redline is a highly recommended company to deal with.

Good luck.
 
Would this be a case where representation might be worthwhile? It's hard for me to justify $1000 in fees for a $300 ticket.
 
Exactly - i'd rather roll the dice for the trial option and hope the officer doesn't show and if he does - try and work a plea bargin to 20 km/h over then. It's not the $300 ticket that bothers me, more then impact on insurance!
 
Don't forget that it's a 4 point infraction and considered a major by your insurance company. Think about your premium increases.
 
I didn't realize that it was considered a major ticket... that changes things.

Rob - I trust your judgement. What would you do if you were in my shoes?
 
The Early Resolution option (Meeting with Prosecutor</SPAN>) </SPAN>is now prominently displayed on the back of the ticket. Almost like they want you to take it. You can check the box and drop the ticket at the court house, without waiting in line or completing any form!! It is so convenient. I understand you can even mail it (completely unheard of, even more convenient!). It is obviously a viable option for the City to deal with some tickets before getting to court, to reduce the backlog in traffic court. Another option would be to build a new courthouse, at a cost of around $100 million dollars (no kidding).</SPAN></SPAN>

My friend recently got one such ticket (ticket written at the DVP too) and decided to use the early resolution option at Toronto West court (2700 Eglinton Ave. W</SPAN>)</SPAN>. My friend had been in early meetings with prosecutors before, and had been able to negotiate / reduce tickets, but this meeting was different. The prosecutor lady was apparently angry, having a pretty bad day, or something. She asked him “Guilty or not guilty?” , my friend said “Can I explain what happened?”, the lady said “No, I just need to know how you want to plead, I am not withdrawing the ticket or changing it to something else”. </SPAN></SPAN>

So, with such attitude (no breaks) and no disclosure at hand, my friend said “Not guilty” which means let take it to court. He had to sign a form saying that he wanted a court date, and a couple of week later he got a date in the mail. He is now in the process of requesting disclosure.</SPAN></SPAN>

All of this goes to say, what happened to the idea of Early Resolution? If prosecutors do not want to work anything out at those meetings, people will just plead not guilty, and still go to court (keeping the courts clogged).</SPAN></SPAN>

Or maybe prosecutors are just bullying people to plead guilty, right there and then, and reduce the backlog that way? My friend told me that since the prosecutor lady had the door opened, he hanged around for a few minutes to hear how she handled the next case. It was the same treatment but the guy said “guilty” to a speeding ticket!! (shooting himself in the foot).</SPAN></SPAN>

In my opinion, if you chose Early resolution, plead guilty only if they offer you something that is worth it. If they do not want to give you a good break (and I mean a really good break) plead not guilty and play the odds (officer not showing, no disclosure provided, 11b, etc. etc. etc.)

PS- Tickets are now green. The colour of money.</SPAN></SPAN>
 
GTA_6speed said:
I didn't realize that it was considered a major ticket... that changes things.

Rob - I trust your judgement. What would you do if you were in my shoes?
Click to expand...

In my case I would seek competent representation, and properly instruct them. A reduction would be acceptable, in my case. If you have other tickets on your record, then it wouldn't be an acceptable outcome for you. Either way, you'd have the same overall outcome.

I wouldn't fight it myself because I'm not a great public speaker, and I'd prefer someone with more in-court experience to do it for me. There's also the issue of what a day off from work is worth to me. All these things have to be balanced, to decide how you'll respond.
 
GTA_6speed said:
Would this be a case where representation might be worthwhile? It's hard for me to justify $1000 in fees for a $300 ticket.
Click to expand...

$1,000.00 is a steal compared the insurance hikes you're going to face over 3 years while you wait for the ticket to fall off.

Good luck to you and I hope all works out.
 
Thanks for the wishes!

I didn't initially realize that it was a major ticket. Had it been a minor one (and could still realistically be reduced to one), then with only one other ticket on my record that will fall off in a year, my insurance rates really wouldn't be affected that negatively provided I keep my record clean from here on out. But the fact that its a major ticket changes my comfort level...
 
GTA_6speed said:
Would this be a case where representation might be worthwhile? It's hard for me to justify $1000 in fees for a $300 ticket.
Click to expand...

The fees and fine are the least of your expenses. Watch what happens to your insurance. Don't forget. The fees and fines are a one time deal. The insurance is a constant payment.
 
For what it's worth... Another rider I know personally got a 55 Over on the 403. Cop threw book at them.. tow / 7 day suspension. Convicted with major infraction on license.

Insurance hike: 50 Bucks a year. StateFarm.

True Story. I don't want to test it on myself.
 
Interesting Dresden - and from my perspective, I wouldn't classify myself high risk driver. Late 20's, home/car insurance with TD... no other speeding tickets on my record. If I can attend court myself and get the ticket reduced to 20 km/h over or less without having to pay for representation, it is an attractive option.

Nevertheless, I have reached out to Redline to get their advice.
 
Rob - When did 41 over become a major? It used to be 50 km/h over (or supposedly 45 with some insurance companies)? Now I see some sources say 31 km/h is a major?

Maybe I am just mixing up MTO and insurance policies. I suspect this is a major driving infraction (4 points) from MTO and a minor conviction for insurance, but the information I am coming up with is all a little shady. I can't find the link to the actual document with insurance ratings (published by fcso?).
 
GreyGhost said:
Rob - When did 41 over become a major? It used to be 50 km/h over (or supposedly 45 with some insurance companies)? Now I see some sources say 31 km/h is a major?

Maybe I am just mixing up MTO and insurance policies. I suspect this is a major driving infraction (4 points) from MTO and a minor conviction for insurance, but the information I am coming up with is all a little shady. I can't find the link to the actual document with insurance ratings (published by fcso?).
Click to expand...

http://speedingontario.com/penalties.php
 
Rob MacLennan said:
Don't forget that it's a 4 point infraction and considered a major by your insurance company. Think about your premium increases.
Click to expand...
Rob I don't believe 40 is considered a major by insurance. I know for TD meloche monnex they classify all tickets 0-49 over in 1 bracket (minor) and 49+ as major.
 
I just started an online quote with TD for curiosity and under prior convictions they differentiate between a speeding ticket below 49 km/h over and those above that speed. Does each insurance policy treat these major/minor categories differently?
 
You must log in or register to reply here.

Back
Top Bottom