Noob fighting a ticket, need some help | GTAMotorcycle.com

Noob fighting a ticket, need some help

M

MG

Well-known member
Site Supporter
I received a ticket for doing 98km/h in a 60, and the officer dropped it to 75km/h, so 15 over. I decided to try and take this to court anyways, and I did the original proceedings where I asked for disclosure. I received my disclosure packaged today, and the prosecutor stated that they will seek for an amendment to charge me with the original speed. Am I boned? Can I just plead guilty at this point? What should I do? I really don't want a 40 km/h over ticket on my record. Any advice would be great.

Thanks
 
The prosecutor can only amend the charge back to the original if you choose to go to trial and plead not-guilty. Before that, they can't do anything.

Make sure that the prosecutor has fulfilled all their disclosure obligations: legible notes, explanation for short-form writing, manual for speed-measuring device.

Attend your trial date, you still have the 'officer no-show card'... why not play it? If the officer is present, you can tell the prosecutor you're pleading guilty to the +15. If you don't have any money ($52.50 for the +15kph) you can ask the JP for extra time (ie. 90 days or monthly installments)

You can pay the +15kph ticket at any time, even if you miss your trial date... they'll find you guilty of the reduced speed in your absence. You'll get a conviction notice in the mail for the reduced speed of +15.
 
I guess money is not the issue. I believe the big issue is the +15km/h (He is concerned about his insurance and etc..)
 
Most insurance companies consider +1kph to +49kph a minor offence. However, a few companies rate +30kph as a major offence.

You'll have to find how your insurance company plays ball, but most likely the insurance consequences for a +38 and +15 will be the same.
 
The officer is really nice btw, most cops will only reduce 10kph.

+15 is the speed cops won't even stop you for speeding, usually 16+ they will write you a ticket.
 
Which Courthouse is your trial? Did this occur in Hamilton?
When is your court date approximately (Don't give exact date)?
As iFly55 asked, Did you receive all items requested in the disclosure request? What did you receive?
Do you currently have any HTA convictions on your record now?
 
If this is Hamilton, good luck with the "officer no-show" card. Not that it can't happen, but there are severe repercussions for officers missing a court date there, barring unable to get away from situation or being sick.
 
The courthouse is in Peterborough, this happened at my cottage in the Kawarthas. My court date is end of Feb. I received all disclosure and quite frankly it seems they have a pretty bulletproof case against me based on the officers notes. I spoke with my insurance and anything under 50+ is considered a conviction and doesnt matter if its 5 km/h over or 49 km/h over. I think that my best option at this point is to ask if the witness (cop) is there when I arrive at the courthouse and speak with the prosecutor. If he is not, proceed to trial. If he is there, then I just plead guilty to the original 15+ violation. Is my understanding correct?

Thanks all for the help.

This will be my second speeding ticket... both in my car. First one was a 10 km/h over fine... not reduced... he caught me doing 90 in an 80... yay
 
MG said:
I received a ticket for doing 98km/h in a 60, and the officer dropped it to 75km/h, so 15 over. I decided to try and take this to court anyways, and I did the original proceedings where I asked for disclosure. I received my disclosure packaged today, and the prosecutor stated that they will seek for an amendment to charge me with the original speed. Am I boned? Can I just plead guilty at this point? What should I do? I really don't want a 40 km/h over ticket on my record. Any advice would be great.

Thanks
Click to expand...

Please explain that part... did you speak already to the prosecutor? It doesn't sound like they gave you a written statement.
Who told you that "they will seek for an amendment to charge you with the original speed"?

Let me make a wild guess... the girl or boy who work at the counter told you that (a clerk, not an actual prosecutor)... when you picked up the package... :rolleyes: ... am i rite?
 
MarcosSantiago said:
Please explain that part... did you speak already to the prosecutor? It doesn't sound like they gave you a written statement.
Who told you that "they will seek for an amendment to charge you with the original speed"?

Let me make a wild guess... the girl or boy who work at the counter told you that (a clerk, not an actual prosecutor)... when you picked up the package... :rolleyes: ... am i rite?
Click to expand...

No. I requested my disclosure through the mail. There was a letter that says "take notice that at the trial, the prosecutor will be seeking an amendment to the certificate of offence to increase the rate of speed to conform to the evidence"
 
MG said:
No. I requested my disclosure through the mail. There was a letter that says "take notice that at the trial, the prosecutor will be seeking an amendment to the certificate of offence to increase the rate of speed to conform to the evidence"
Click to expand...

Common practice.
 
MG said:
The courthouse is in Peterborough, this happened at my cottage in the Kawarthas. My court date is end of Feb. I received all disclosure and quite frankly it seems they have a pretty bulletproof case against me based on the officers notes. I spoke with my insurance and anything under 50+ is considered a conviction and doesnt matter if its 5 km/h over or 49 km/h over. I think that my best option at this point is to ask if the witness (cop) is there when I arrive at the courthouse and speak with the prosecutor. If he is not, proceed to trial. If he is there, then I just plead guilty to the original 15+ violation. Is my understanding correct?

Thanks all for the help.

This will be my second speeding ticket... both in my car. First one was a 10 km/h over fine... not reduced... he caught me doing 90 in an 80... yay
Click to expand...

Yes the OPP in that area are well known for showing for trials. The commanders are pretty tough on officers who miss court. Same deal in the CoKL.

The OPP in the cottage areas give little to no slack on speed, or other type offences as the "locals" complain about it so they enforce it.

Also it is often an easy way to hit someone for impaired. I am VERY villigant about my speed while enroute to the cottage, (just outside of Fenelon). The car I set the cruise to 89. The bike I generally run about 90 max, (according to the GPS not the speedo).
 
JustinRR said:
The officer is really nice btw, most cops will only reduce 10kph.

+15 is the speed cops won't even stop you for speeding, usually 16+ they will write you a ticket.
Click to expand...

This is an opinion. why even bother posting it?



OP, basically, you're going in hoping the cop doesn't show. Otherwise, you're paying the 75 in a 60 without a doubt.

Insurance wise, a speeding ticket is a speeding ticket regardless of how much over, unless you got a careless driving one - then it's a whole different animal..
 
MG said:
The courthouse is in Peterborough, this happened at my cottage in the Kawarthas. My court date is end of Feb. I received all disclosure and quite frankly it seems they have a pretty bulletproof case against me based on the officers notes. I spoke with my insurance and anything under 50+ is considered a conviction and doesnt matter if its 5 km/h over or 49 km/h over. I think that my best option at this point is to ask if the witness (cop) is there when I arrive at the courthouse and speak with the prosecutor. If he is not, proceed to trial. If he is there, then I just plead guilty to the original 15+ violation. Is my understanding correct?

Thanks all for the help.

This will be my second speeding ticket... both in my car. First one was a 10 km/h over fine... not reduced... he caught me doing 90 in an 80... yay
Click to expand...

Based on what you have said so far, I would probably go with your plan above, unless you can find some holes in the officers notes.

Some questions:
- Did the officer use a device to determine your speed? Which make/model?
- Did the notes show the device was tested that day (before and after the stop)?
- Was the officer in their vehicle or outside their vehicle when they determined your speed? Were they on the same side or opposite side of the road?
- If the officer, didn't use a device to determine your speed, what method did they use? Pacing?
- Did the officer have full sight of your vehicle from the moment they saw you until they stopped you?
- What was the time of day? What was the weather and visibility like on that day?

Since you haven't had much experience in the courtroom, the other option you have is to seek legal representation and perhaps they can work some magic. Given the possible hit on insurance, it might be worth it (IF they can work some magic).
You would need someone who services the Peterborough area, otherwise it could get pretty expensive. Maybe someone here has some recommendations based on past experiences?
 
You must log in or register to reply here.

Back
Top Bottom