got bagged with a 49 over. Advice?

B

Brix1487

Active member
so like the title say. I got pulled over doing 49 over. What would be my best course of action. Im not interested in making a deal or having it reduced. I want it gone.

Any info would be great. Numbers good motorcycle traffic lawyers would also be appreciated.

Thanks
 
The good news is that your insurance sees it the same as a 1 over ticket. If you were going more than 49 and it was reduced, be careful. Get disclosure for starters, see what it says then consider calling RedLine. They would be my first call.
 
Redline - 416-CHARGED
 
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Just a couple of notes:
1) Check that the speed wasn't reduced.. Should say "R" somewhere on the ticket. The cop might have done you a solid.
2) With some insurers, 45 can be a "major"

A reduction might be in your interest.
 
is Redline really good for fighting off these kinds of cases?

The speed wasnt reduced. It was 49 over.

Can I question the calibration of the radar gun? It was a motorcycle cop that stopped me. Can I say the gun was in his bike bouncing around as he was riding and then he used it and it was not calibrated properly.
 
Redline is the best.
If you wanna fight it yourself, you need to check whether your insurer considers 49 over a "major" or "minor" offense. If it's "minor," you have nothing to lose by fighting it yourself, but read the sticky and read through ticketcombat.com. Your best bet is the Holy Trinity (no-show, lack of disclosure, 11b). If your insurance company considers 49 a "major" and 44 a "minor," you might be better off copping a plea when you show up for your court date. However, don't do it if you don't see the cop in there. If it's a no-show or you weren't given your disclosure package in a timely manner, you are basically scott-free. Even if the JP adjourns your court date so you can review your disclosure package which they brought into court, you have a solid chance of getting off on 11b.
 
FiReSTaRT said:
Redline is the best.
If you wanna fight it yourself, you need to check whether your insurer considers 49 over a "major" or "minor" offense. If it's "minor," you have nothing to lose by fighting it yourself, but read the sticky and read through ticketcombat.com. Your best bet is the Holy Trinity (no-show, lack of disclosure, 11b). If your insurance company considers 49 a "major" and 44 a "minor," you might be better off copping a plea when you show up for your court date. However, don't do it if you don't see the cop in there. If it's a no-show or you weren't given your disclosure package in a timely manner, you are basically scott-free. Even if the JP adjourns your court date so you can review your disclosure package which they brought into court, you have a solid chance of getting off on 11b.
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11b being stay right?

Basically they told me once, when I called in, disclosure takes 8 weeks. I applied with 5 weeks before my date, cause I didn't know. I didn't get the discloser and it never came!!!!!!!!

So I would probably apply 6 to 7 weeks before the trial date and hope the discloser doesnt show up. And if it does, claim it wasn't enough time for you to prepare your defence. Then ask for adjournment. Try and get it dragged out for 18 months from ticket issue. Then you can claim a stay and it is likely to be dropped for being way out of everyone's memory.

The alternative is you are not given an adjournment and you then motion for no notes to be used in the trial. The cop gives up his notes and you go at it from memory. His will be crap and you attack his credibility on that basis.

But good advice from FireStart....so:

Lawyer or not is your option.

1) Take your own notes down now...everything you can remember...other cars nabbed next to you in the trap, his outfit, glasses no glasses, beat up looking radar, whatever! Note it all down now.
2) Get trial date
3) Fax in disclosure application 6 to 7 weeks before court date.
4) If disclosure not received or received within days of trial, attend and request to be adjourned.
4) b) If disclosure arrives in due time, prepare defense based on cops weaknesses in notes....lawyer applicable here.
5) Find out if offence is major or minor with insurance, or forgiveness is applicable
6) Attend trial, scope out for cop. If no show....you could be in the clear if they also didn't leave notes for the prosecutor to take on for themselves.
6) b) If cop shows and if insurance considers major offence, but under 45 is minor, then plea.....maybe even pull cop aside and beg! Maybe even cry...(shamefully worked for me once at the road side. I used everyline I had...I got off of pulling a big stinking wheely once......"officer this is my commuting vehicle, I need it for work, my wife will kill me, etc etc [a few tears by now] and took their scolding. They told me "stop it and walk away like a man, and take what's coming to you", got back to the bike....they didn't come over....they stopped writing on their pad....motioned with their hands to drive off and never sent me a ticket in the mail either. They looked mighty disgusted mind you!!!!) That was in the UK where wheelies = 6 months suspension!!!! So, if you're fakked, I say beg and cry at this point!!!!!
6) c) If cop shows and no difference to insurance, and no forgiveness for first ticket...(plea or no plea you will be fakked)(worst case for you)...fight tooth and nail with your lawyer.
7) Worst case you loose, insurance rockets to $5000. TRACK BIKE!!! With savings on insurance alone ($2000) you can hit the track almost twice a month all riding season and rip your bike like you never could on the road!!!
You'll come back calmer, mature, and with greater skill 3 years on.
 
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I disagree with 6-7 weeks.. It's actually a very bad move. I'd do it at least 3 months before trial date. If it doesn't arrive about 5-6 weeks before the trial date, you should already be faxing in your 4F. However, I'd make the request very detailed, including photocopies of radar manual sections related to calibration and testing and typed version of the constable's notes with all shorthand translated into plain English.
 
FiReSTaRT said:
I disagree with 6-7 weeks.. It's actually a very bad move. I'd do it at least 3 months before trial date. If it doesn't arrive about 5-6 weeks before the trial date, you should already be faxing in your 4F. However, I'd make the request very detailed, including photocopies of radar manual sections related to calibration and testing and typed version of the constable's notes with all shorthand translated into plain English.
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Ok I'll agree with u!
 
Try and get it dragged out for 18 months from ticket issue. Then you can claim a stay and it is likely to be dropped for being way out of everyone's memory.
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good luck trying for an 11b after requesting stay after stay. won't happen unless its their fault.
 
Where did u get pulled over (what city)?

** reason why I as is , if its Mississauga then u got a pretty good chance of the cop not showing, but if ur case is held in the Queen St. Crt house then the cop will probably be there........in a suit.
 
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rukus said:
good luck trying for an 11b after requesting stay after stay. won't happen unless its their fault.
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That and the officers notes will be solid evidence despite the officer not remember a thing about the incident otherwise. And any issues you bring up it will be assumed the officer followed the procedures correctly.
 
Brix1487 said:
The speed wasnt reduced. It was 49 over.
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Scan and post the ticket. Blur out your info. I've seen times when they write 49 R just so they can amend it up in court, and the driver actually thought he was clocked at 49!

-Jamie M.
 
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