First Ticket, Need advice. | GTAMotorcycle.com

First Ticket, Need advice.

N

Newblet

Well-known member
I got a speeding ticket this morning at 1am. I was feeling sick and just wanted to get home. Anyways the ticket carries 4 points and is almost 300 bucks, I know that is going to hit me when I re-new my insurance.

I was thinking of heading to the court house, plead not guilty and make a court date. The ticket says I was traveling west bound when I was actually traveling east bound, any thoughts on that?

I'm not sure what to hope for, if the OPP officer doesn't show up does that mean I'm off the hook and I just leave the court and don't pay? or will they at least lower the ticket?

Cheers,

**Update** November 28th 2011
I got my court date in the mail Friday and I am ready to send in my disclosure request form. My question is do I have to mail it in to the courthouse or can I drop it off there? The reason I ask is because I am assuming that I can get it faster if I drop it off.

Its the Mississauga courthouse on Burnamthorp east of square one

New Update February 13th 2012***

Got my Disclosure and the officers notes look airtight,

He was using laser and even added in that he had a mistake on the ticket and corrected it via his notebook. The only thing that I noticed is the test procedure for the laser was after he wrote me the ticket. Perhaps he tests it before and after every ticket? Any advice on what I should do? A plea bargain is looking mighty tasty right now.

Cheers
 
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Also, I read the sticky: how to fight a ticket. I am just looking for additional advice/ experiences since I have zero traffic infractions and experience with this.
 
Newblet said:
if the OPP officer doesn't show up does that mean I'm off the hook and I just leave the court and don't pay? or will they at least lower the ticket?

Cheers,
Click to expand...

yes and no, I've been a court (small court in Woodstock close to London) and see others cases, that judge won't discharge when cop didn't show up, even the defendant takes a day off from work and needs to drive 1-2 hrs to there, excuse is "cop is human and will get sick too, if defendant is sick I'll delay for him/her too"
so all of them reschedule another date for court again

may be a big city is too busy to delay and will discharge, may be
or depends on judge?

lower ticket? yes, talk to the prosecutor before trial pled guilty and will get lower points and fines usually, but still a record on your insurance no matter how low or no points
 
Again with the misinformation.. Here are a few facts...

1) EVERY ticket is a conviction. Yours sounds like a minor and in most cases won't affect your insurance (much or at all), but if you get another one in the next 3 years, then you're gettin' it up the rectum without vaseline. By the way, it doesn't matter whether it's 1 over or 40 over, the insurance industry treats them the same. Unless this ticket will bring your demerit total up to 9 (in which case you'd need to go to an interview and explain why they shouldn't suspend your licence), getting convicted won't be any worse on you than getting a plea bargain.

2) If it's in the GTA, just call Redline (charged.ca) and they will give you the best chance of getting the ticket tossed out in the $500 ballpark. Even for a $40 ticket, I'd still consider it a good deal just for keeping your record clean

3) You can also dispute the charges yourself. You have just under 2 weeks to go to court with the ticket and fill out the form (make sure you select the box that says that you DO wish to challenge the constable's testimony and watch out, I think the wording is a bit misleading there, so read carefully). Read the sticky and also checked out ticketcombat.com site. It's an excellent resource and helped me a lot in preparing a couple of defences.

4) Contrary to the example of the piss-poor JP in Woodstock, they routinely throw out the ticket if the officer is not there because the Crown doesn't have a prima facie case against you. If convicted, the conviction can be successfully appealed

5) You have other outs, such as lack of disclosure and 11b (if your case takes too long to go to trial) and all of that is before challenging the constable's testimony against you.

I get ticketed about once a year and since I routinely started disputing all of my charges 10 years ago, I've only been convicted once. Insurance companies love my record ;)
 
What Firestart said!

Except you say you have little experience, then if this happened around the Toronto area, contact RedLine... and specifically tell them you want to FIGHT your ticket. Look if you just want a 15 over plea, you do that yourself, there is no need for RedLine and then you don't have any points. However, this wouldn't do anything to help you in terms of insurance unless you are about to get your licence suspended.

Also, even if you plan to take a plea... play it right, because you might still get off completely. Ask for disclosure (after you get a court date) and see what the notes say. They might not send you the disclosure, in which case you can ask for the case to be dropped or for an extension, so you can prepare for it better. If given an extension, it might put you into 11b territory, and you might be able to get off on that. Or finally even if they provide you with all the right information, you can always to go court and see if the cop shows up.... if not, good chance you can get off on that. If you're a court newbie and you want to put the guy on the stand, then get RedLine to do it. Their likelihood of success will be higher than yours.
 
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Good advice guys, my next question is if I ask for disclosure will it be more likely for the cop to show up? perhaps cause he would be ****** that I asked for it?
 
Newblet said:
Good advice guys, my next question is if I ask for disclosure will it be more likely for the cop to show up? perhaps cause he would be ****** that I asked for it?
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Unlikely. They schedule a bunch of tickets written by the same officer on the same day so the fact that you did or did not ask for disclosure is going to have little impact on whether he shows up or not.
 
More info:

Mississauga court on Burnamthorp.
Also, I should mention that I was in my car, not on my bike.
 
I don't think the cop is going to get mad at you. Even if he does, who cares.... but I doubt it.... it's just a part of the little court games that happen every day for them. Chances are you aren't the only one asking for disclosure.

BTW - there was one case where I KNEW the cop just wrote me a random ticket then he did the same thing to the next guy. I didn't think he wrote any notes. When I got the disclosure back, it was completely different pen and he was talking about speeds that he never talked about before. Obviously he had never even written any notes and then just made them up when I asked for disclosure. I got off on an 11B, so I was happy enough, but I kinda wanted to see the little liar squirming on the stand.
 
Start making dated notes.

Also, fight and fight. fyi as alluded to before, this is a conviction it does NOT matter how many demerit points you lose (that is purely for licensing purposes). Do not wimp out, commit to the fight. Don't think you're being a bad person, or you're lying, or you deserve the ticket, and don't get intimidated. Stick to your guns!

I'm in the midst of fighting a ticket right now. I was hesitant but it gets easier as it progresses. Got disclosure...its chicken scratch lol. Not only that but my trial date has been scheduled almost 17 months since the ticket was issued, 1 year from when I went to First Attendance. 11b might apply as well. Looks like two options are open for me. More options might open up for you too. Best thing to do though is be on top of things, don't procrastinate. Get your disclosure before going to anyone. IF you're planning on an 11b you have to do things in a timely (And documented) manner.
 
Thanks for the advice guys. I will keep you posted. I am super busy at work right now so I cant make a court date until tomorrow. I actually left work early on Monday to go to the court house [back of ticket says they are open until five] I got there at 4:30 and they were closed. Bummer.

I feel like I am going to wimp out on fighting it and make take the plea bargain. But I will see how things play out.
 
Newblet said:
I feel like I am going to wimp out on fighting it and make take the plea bargain. But I will see how things play out.
Click to expand...

Taking a plea bargain is not necessarily "wimping out". Sometimes it is a strategic move that is needed. Sometimes you just don't have a case to defend yourself, nor the time or resources. An Acceptable loss.

I had a careless charge (a "major" offense, potential of a 50% ins surcharge) several years ago, no real way to defend it (my word vs. his). I had a clean record at that point and after consulting with a few people I knew I could take the small monetary hit of a minor charge with no ins consequences as long as I didn't get another in 3yrs (if I had another minor it would be a 10-15% ins increase).

I went to see the prosecutor and after a discussion we agreed upon me pleading guilty to a lesser charge of an unsafe lane change (a charge I feel I should have been given in the first place considering).

Everyone was happy, gov got some money, prosecutor got a conviction for their records, I walked out the door knowing I was going to be OK ins wise and wouldn't be further penalized for my mistake of driving like an *** when I shouldn't have.

I haven't gotten a ticket since and my record is clean again. I never saw an ins increase from the conviction as my rates have been pretty stable since before the charge.
 
tat2 said:
I had a careless charge (a "major" offense, potential of a 50% ins surcharge) several years ago, no real way to defend it (my word vs. his). I had a clean record at that point and after consulting with a few people I knew I could take the small monetary hit of a minor charge with no ins consequences as long as I didn't get another in 3yrs (if I had another minor it would be a 10-15% ins increase).
Click to expand...

The difference between you and the OP is that he is already being charged with a minor, so he'd waste his time and gas to plead to another minor. No net gain, other than a fine reduction that wouldn't really pay for his time and effort. The OP is better off going for broke.. That way he at least has a chance to keep his record conviction free.
 
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