Speeding Ticket (10 over) | GTAMotorcycle.com

Speeding Ticket (10 over)

J

johnnyboy

Member
Cliff's Notes

Was in a recently lowered speed zone (from 80 to 60), got pulled over by a cruiser speeding, he lowered it to 10 over.

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Anyways I noticed it seems he misplaced putting the "R" code into the "Juris" section of my liscence plate. Can I use this to my advantage? When should I request disclosure?

Thanks
 
On my last ticket the Paralegals I spoke with told me that if I fought the ticket and lost, the charge could go back to what it was before the cop reduced it. For that reason I didn't fight it.
( Points actually recommended not fighting the ticket because of this and there was no charge for this advice )
 
what he said above , you take the chance of them raising the ticket to what it use to be , ive never had a cop lower my tickets to 10 over its always 15 over so i say just pay it and move on
 
request early resolution and speak to a crown about the mistake, they may or not toss it, they may reduce it to 5 over and hope you pay it, keep it the same or they may say take it to trial.
 
its only a 45 dollar fine .. i woud just pay it insurance will probably look past it !
 
Rkt14 said:
its only a 45 dollar fine .. i woud just pay it insurance will probably look past it !
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Got one of these 60 in a 50 "reduced" tickets years ago. Kind of hoping the insurance wouldn't notice. Still showed up on my driving abstract and knocked me down from my perfect star rating. Didn't affect my rates but definitely stayed on my record. Definitely made me a little more cautious the next few years. Don't think too many of these would go over well ;)
 
Whatever you decide to do, bear in mind that 1 over or 49 (some companies it's 39) are considered the same for the insurance company.

10 over may not seem like a big deal now, but get another one or two in the next couple of years and you'll really see the difference it'll make.
 
from my understanding, the era of tickets getting thrown out because of small technicalities is over.
 
johnnyboy said:
so a guy can get away with murder because the glove didn't fit, but if they can't even spell my name right im outta luck ahaha
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No, it was because he was loaded and could buy his freedom. Could you?

By the way, we all know you were innocent, everybody who gets tickets "didnt do it", thats why the courts are clogged. ;)
 
SunnY S said:
No, it was because he was loaded and could buy his freedom. Could you?

By the way, we all know you were innocent, everybody who gets tickets "didnt do it", thats why the courts are clogged. ;)
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im glad theyre clogged. better chance of my court date being delayed and being able to file an 11b
 
johnnyboy said:
so a guy can get away with murder because the glove didn't fit, but if they can't even spell my name right im outta luck ahaha
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The standard of proof is somewhat different, when someone's life is on the line ;)

It's not a fatal error.
 
what would happen if you fought it...?

get the cop on the stand, and ask him to answer a yes or no question.. did you catch me on your radar gun, going 10 over ? he would say no.
then why do I have a ticket for 10 over ? you have accused me of something that even you say i did not do.

If he mention that you were going faster, ask why you didnt recieve a ticket for that amount. does he use his own personal discretion for other matters as well ?
how often does me make up false tickets ? etc..

if they threaten to raise the offence to another speed, ask them to produce the ticket that was issued to you for that offence.
and if they do, you should have the option for a trial.

rmember this, a ticket is a ticket

doesnt matter if its for 1 km over, or 30 over It can, and will, affect your insurance.

fight every one, its your right.
 
bunmanchi said:
what would happen if you fought it...?

get the cop on the stand, and ask him to answer a yes or no question.. did you catch me on your radar gun, going 10 over ? he would say no.
then why do I have a ticket for 10 over ? you have accused me of something that even you say i did not do.

If he mention that you were going faster, ask why you didnt recieve a ticket for that amount. does he use his own personal discretion for other matters as well ?
how often does me make up false tickets ? etc..

if they threaten to raise the offence to another speed, ask them to produce the ticket that was issued to you for that offence.
and if they do, you should have the option for a trial.

rmember this, a ticket is a ticket

doesnt matter if its for 1 km over, or 30 over It can, and will, affect your insurance.

fight every one, its your right.
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All of this is immaterial. Officers have discretion. This has been upheld by case law. The Crown can raise the charge to the original speed. This has been upheld by case law and has been ruled upon by the Court of Appeals. The charge is speeding. The speed at which the officer ticketed you is used to calculate the fine/points.
 
Gentlemen, we keep posting the same generalization and it will soon become an urban legend ... "IF you fight it (AND lose), THEN the ticket will be amended up to the original speed (you pay more)"... Fortunately, it just doesn't happen that way. There is more to it.


In this case, amending the ticket back to the original speed (CHANGING IT FROM 10 over to 20 over) is not a wise move (prosecutor requesting it, or JP allowing it) because it would be argued that the defendant would be "prejudiced by the amendment" (because 20 over has a different penalty, demerit points).

This is the perfect ticket to fight.
I would hope that, even if convicted, $40 is not the end of the world for the OP. This is a great opportunity to learn (by participation) a little bit of how the legal system works in Canada. Hell, I'd say that fighting a ticket is even a privilege, not every democracy in the world allows citizens to go to traffic court.</SPAN></SPAN>
 
So, OP, there are a couple of ways to approach this one:</SPAN></SPAN>

A.) You can request a trial, and ask for disclosure, and wait for the court date</SPAN></SPAN>
Or</SPAN></SPAN>
B.) Request early resolution, they may drop the ticket right there; if they do not drop it, then go option A above</SPAN></SPAN>


Why would they drop it at early resolution? It may happen, why not?
Because it would be more expensive to go to court with this ticket than the $40 fine the city would get if convicted. Do you have a perfect record? Go and ask nicely at early resolution and that may just do the trick.</SPAN></SPAN>
 
MarcosSantiago said:
So, OP, there are a couple of ways to approach this one:

A.) You can request a trial, and ask for disclosure, and wait for the court date
Or
B.) Request early resolution, they may drop the ticket right there; if they do not drop it, then go option A above


Why would they drop it at early resolution? It may happen, why not?
Because it would be more expensive to go to court with this ticket than the $40 fine the city would get if convicted. Do you have a perfect record? Go and ask nicely at early resolution and that may just do the trick.
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thanks for some actual help. is early resolution the plead guilty with an explanation option? how do i go about changing it to a trial if they dont throw it out?
 
johnnyboy said:
thanks for some actual help. is early resolution the plead guilty with an explanation option? how do i go about changing it to a trial if they dont throw it out?
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Nooooooo never plead guilty with an explanation.
go to the court and tell them you want a trial. they will ask you if you want to chat with the CA
 
johnnyboy said:
thanks for some actual help. is early resolution the plead guilty with an explanation option? how do i go about changing it to a trial if they dont throw it out?
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Guilty with an explanation is still guilty. The best you can hope for by going that route, would be a reduction in the fine.

Early resolution is also known as First Attendance. You meet with The Crown's representative and see if you can work something out. In some cases that something else is having the charge dropped, if you have a persuasive argument.
 
if the charge is 10 over, 40 bucks and no points, the only ones who even care about this ticket is your insurance company, so they can hike up your rates.

what they should have, is an option which explains exactly what they are after.. extortion..

give us 40 and we wont tell your insurance. its all about revenue for the area you live in.

you think seat belt blitzes and speed traps are about safety ? lol
the police here might as well be run by Boss Hogg and Roscoe.
 
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