Looking for some help on a ticket | GTAMotorcycle.com

Looking for some help on a ticket

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koloftman

Member
Hello,

*Please feel free to relocate this post to the appropriate section*

I'll start with some background info:
I got my first bike (2011 ninja 250) in the beginning of June and have ridden everyday since, as it is my only means of transportation right now. It wasn't an easy process for me getting my first bike because of my driving record. I have one at fault accident and three minor tickets on my record. After going through every broker and company in the books, I was able to get insured through Jevco for a price that even I laugh at up to this day. However, the excitement to ride without metal around me everyday allows me to pay the ridiculous premiums without any regrets!
Good news is that if I have a clean record in my first year of riding, the premium will be cut in half for the next season. Also, one of my tickets is being dropped in February so I will be at 1 at fault accident and 2 minor tickets with one year of experience under my belt.

Fast forward to last week, I was driving my dad's car on the empty 400 southbound at 2:30am cruising at 130ish as a black SUV was sitting perpendicular to the highway and lasering everybody(me) passing by. So he turns on his lights and joins me in the highway and pulls me over. First thing going through my head is *FACK I can't afford another ticket I NEED A BIKE IN MY LIFE*.. the officer tells me he got me at 134 km/h and proceeds to give me a 10kph-over the limit ticket for a total of $40. Now I know he was somewhat nice to do that, but he could have been nicer and given me a warning. I never bothered asking him for a warning either.
Needless to say, I will be taking this to court and hoping for a drop but I don't know what to expect for a 10kph over. I will check the "challenge the officer's evidence" box when I request a court date. Anyone with a similar experience have any wisdom to shed?

Sorry for the long post; I guess it serves as my introduction and my inquiry.

Thanks
 
Someone please correct me if I'm wrong, but when you get pulled over, do cops see your driving record? If so, that could explain why you didn't get a warning - with three tickets already, you've had plenty of warning about speeding. It will also be much harder for you to fight the ticket since the judge won't see any reason to be lenient with you. I think I also heard that there is an indication somewhere if the ticket already got bumped down for you (someone again correct me if I'm wrong) so the JoP won't be inclined to toss it out. My ex-husband tried to get his 3rd or 4th 10km/h over ticket tossed without luck. Then he decided to be smart and stick to the speed limit, or no more than 15 km/h over on highways, for a few years until his record clears.

I'd request a court date. By the time a court date finally rolls around, one or two of your other tickets will have fallen off, so you'll be no worse off than you are today, but at the same place record-wise.
 
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At 2:30 am you were probably one of the few vehicles on the road.

Under those conditions, most probably the officer was able to measure your speed with enough precision that it will stand up in court.

Maybe you can take advantage of 11b?

Or you could go to first attendance meeting and beg them to change the ticket to a non moving violation

Good luck
 
Becareful though if it is marked as "R" then the court has the power to bump it back up to the original speed if they want to.
 
I don't see how it could get changed to a non-moving violation. Maybe if it was a failure to produce insurance but not speeding.

I would do what Marcos suggested.
 
why should he let you off with a warning? you have 2 tickets to your name already, isnt that warning enough?
 
jeffjones said:
Becareful though if it is marked as "R" then the court has the power to bump it back up to the original speed if they want to.
Click to expand...

Even if the R is not marked, it can be bumped back up in court. Most companies don't care whether you have 10 over or 34 over though (although there are some that do care if it is greater than 30 km/h over, OP should check if it becomes a major with Jevco).
 
Who in hell told you guys that cops don't give you a ticket if you have nothing in your record? If this was the case nobody would ever get a ticket in the first place, right? Fight the ticket and make the system spend money to collect your $40, you might even beat it so it's even better. I fought 3 tickets I got within 2 months and won in all the cases.
 
Yeh... once you get to court you gonna fight against 34 over = that's about $250+ 4 demerit points. And the prosecutor will offer you to drop the ticket to 29 over = ~$160 + 3 points.
But(!)

You might have luck
- Errors in disclosure/no disclosure provided;
- Officer did not show up in the court
- Time issue -> 11b

And at least you gonna shift this ticket half a year - one year later.
 
You currently only have half the story.

File for a trial date, and request disclosure - the officers notes will tell the other side of the story. If you do not like what you see in the disclosure, justs plea guilty to the 10 over ticket, and pay your $40. If there is something critically amiss, Hire a paralegal, and go from there. A reduced ticket can only be increased in front of a judge/justice - usually at the time of trial. You can plea to the reduced ticket at any time up until that time.
 
Grimmy said:
You currently only have half the story.

File for a trial date, and request disclosure - the officers notes will tell the other side of the story. If you do not like what you see in the disclosure, justs plea guilty to the 10 over ticket, and pay your $40. If there is something critically amiss, Hire a paralegal, and go from there. A reduced ticket can only be increased in front of a judge/justice - usually at the time of trial. You can plea to the reduced ticket at any time up until that time.
Click to expand...

If on the court date I specifically ask the prosecutor whether the officer will be present, does he/she have to answer me? because that tells me whether I go for the plea-bargain, if any, correct?
 
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koloftman said:
If on the court date I specifically ask the prosecutor whether the officer will be present, does he/she have to answer me? because that tells me whether I go for the plea-bargain, if any, correct?
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Yes. That's the first question that you have to ask.
Once you approach the prosecutor, he will ask you if you wanna to plea-bargain - and you first ask him if his witness is present. He has to answer.
After that, everything depends on the court/area.
 
slogan said:
Yes. That's the first question that you have to ask.
Once you approach the prosecutor, he will ask you if you wanna to plea-bargain - and you first ask him if his witness is present. He has to answer.
After that, everything depends on the court/area.
Click to expand...

So in case the officer does show up, my best option is to take a plea-bargain if the prosecutor presents me with one? assuming the disclosure that I've been sent has no flaws or anything like that.
 
koloftman said:
So in case the officer does show up, my best option is to take a plea-bargain if the prosecutor presents me with one? assuming the disclosure that I've been sent has no flaws or anything like that.
Click to expand...

You may not be in a position to plea bargain, the prosecutor might feel that his case is rock solid and that he can get a conviction on the full ticket. Though unlikely that they will pass on a plea bargain, I have seen prosecutors stick to their guns, and get the full ticket and a conviction.

I'm not saying take it to trial.

I am saying FILE for a date, and request disclosure. You will have plenty of time between the trial date, and when you receive the documents, to review them, and make a decision if you want to go to trial, or plea right away to the lesser ticket.

Often times, when a cop gives a reduced ticket, there is a reason. From my experience in court years ago, the reason is often times not because they wanted to be nice, but because there was an issue with their speed measuring, or an issue on that front.

Get disclosure. Read it. Make decision as to what you want to do.

lastly, in todays day and age, with email, cell phones, etc etc - it is VERY unlikely that a cop does not show up. it happens, but not as often as you'd think.
 
koloftman said:
So in case the officer does show up, my best option is to take a plea-bargain if the prosecutor presents me with one? assuming the disclosure that I've been sent has no flaws or anything like that.
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you need to ask yourself better questions

what flaws are you looking for in the disclosure?
 
Where on the 400 did this occur?

Visit the scene again in daytime and if safe, take some pics. Make note of other factors such as hills, crests and valleys. Curves and bridges. Make note of all the environmental factors. Even though some of this won't help at the trial, it could keep your memory fresh while reviewing the disclosure and waiting for the date.
 
slogan said:
Once you approach the prosecutor, he will ask you if you wanna to plea-bargain - and you first ask him if his witness is present. He has to answer.
After that, everything depends on the court/area.
Click to expand...

I don't think so, the prosecutor will NEVER tell you that. I remember when my cop was going to be absent and the sneaky prosecutor called all of his victims to the front and told them she was "prepared" to be lenient and give them a good deal... I saw like 8 or 9 idiots plead guilty for a lesser ticket, I said I was going to fight to the end. I was then told the cop was not going to make it to court and that my case was dismissed.
 
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