Speeding - Would You Fight? | GTAMotorcycle.com

Speeding - Would You Fight?

Deanmac

Active member
I was stopped for 25 over today. The officer knocked it down to 5 over. Would I be an ass to fight it? I'm fully aware that insurance doesn't care what I was doing as the conviction is what they're seeking, thus the reason to fight. If I plead guilty, any ballpark on the effect on insurance, no other convictions on my record?
 
I was stopped for 25 over today. The officer knocked it down to 5 over. Would I be an ass to fight it? I'm fully aware that insurance doesn't care what I was doing as the conviction is what they're seeking, thus the reason to fight. If I plead guilty, any ballpark on the effect on insurance, no other convictions on my record?
I would fight it. I don't care if it gets raised up to 25 over in court. Fine isn't large enough to bother me, both options are minor tickets and I don't care about license points (i try not to get many tickets).

As for effect on insurance, iirc the first one often nothing, two or more minors and it climbs quickly (~10% per ticket). Majors have a punishing effect on insurance rates. So the first one doesn't matter much but you cant go back in time, maybe you van beat this one but can't beat a potential ticket in the future.

The other twist to fighting is it moves back your conviction date. Some people use that window to renew or change insurers as they have a clean record. The downside is the clock for it to disappear off your file doesn't start until after conviction.
 
Why would you fight it if he knocked it down to 5 over?...you don't get points with that and it doesn't make any difference to your insurance...if you fight it and lose, then it goes back up to 25 over which DOES come with points and WILL affect your rates for years to come...not to mention the hassle of taking time off for court...personally, I'd pay it and try harder not to get caught again...
 
Why would you fight it if he knocked it down to 5 over?...you don't get points with that and it doesn't make any difference to your insurance...if you fight it and lose, then it goes back up to 25 over which DOES come with points and WILL affect your rates for years to come...not to mention the hassle of taking time off for court...personally, I'd pay it and try harder not to get caught again...
Insurance doesn't care about points. They care about convictions. A 5 over and 25 over are identical for insurance with both considered a minor conviction.
 
@GreyGhost I wasn't aware of that...I got a ticket back in 2018, cop reduced it to 10 over (was going about 30 over IIRC) and insurance wasn't affected even though I paid it...maybe it was that first time forgiveness you mentioned...cop was cool, we talked bikes after the fact 😀
 
@GreyGhost I wasn't aware of that...I got a ticket back in 2018, cop reduced it to 10 over (was going about 30 over IIRC) and insurance wasn't affected even though I paid it...maybe it was that first time forgiveness you mentioned...cop was cool, we talked bikes after the fact 😀
After the cop gave me my last speeding ticket (Marked down) he told me some naughty bike stories.
 
... but you're missing an important part here....
Do you have a defense? Were you speeding? WHY should you not be found guilty?
Going to court to "fight" a ticket without a well thought out defense only aggravates the court and I don't predict a GOOD outcome.
 
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When you go to a court to "fight" - most of the time you're going to plead guilty, and the prosecutor will probably offer to drop the points, lower the fine, etc. If the police officer is a no show (used to happen much more often years ago), it's an automatic dismissal of the ticket.

@GreyGhost is absolutely correct regarding insurance companies. Minor, major, and serious convictions all carry different weights in terms of impact to your insurance premium. Some companies offer a first-time conviction forgiveness for minor tickets, as well. Which is possibly what @ifiddles benefitted from previously.
 
How good is your driving record and what do you expect in your near-term future ...

If you already have tickets on your record in the last 3 years and there's still some time remaining before they drop off, then fight the ticket. If nothing else, this can delay having the conviction on your record until (hopefully) a previous one drops off.

On the other hand, if you have a good record, and this is going to be the only one on your record, and you have no plans of doing "something" that involves forcing your insurance company to check your driving record (e.g. new vehicle, move house, etc), and you're prepared to be a good little boy for the next couple of years so as to hopefully avoid getting another one ... I wouldn't bother, just pay it. One minor ticket on your record will usually have little impact on insurance, and unless you "do something" that causes them to check your record ... they may not even find out.

Unless you have a good solid legit defense (and most people don't), there is little chance of completely escaping the conviction unless by chance the officer doesn't show up in court, and they schedule their court dates so as to minimise the chance of that. Do scrutinise the ticket for errors - wrong location of incident, wrong time of day, etc.
 
My last ticket was in September 2020 in my car. This was in the first year of Covid, so going to court was not really an option at that point. The officer had reduced the speed to 15 over and since there were no points involved, I just paid the ticket online. There was no effect on my car insurance, partly because I never told them, or they didn't check on renewal, or I may have had ticket forgiveness on my policy at the time.

However, the insurance on the bike (different company) went up by about 30%. That increase was enough to not renew my policy and caused me to miss the 2021 riding season. At that point I seriously thought about not riding anymore and actually tried to sell the bike. Fortunately, there were no takers and I found a better rate in 2022 with my auto insurance company.

Check your policy to see if you have accident or ticket forgiveness. If you have this, just pay the ticket and behave yourself for the next few years. As noted above, your insurance company likely considers any minor speeding ticket, regardless of whether it's 5 or 25 over, to be the same, so there's no reason to waste your time in court. Really the only way you might completely beat this charge is if the officer fails to show in court and that is unlikely because they are paid well to attend court and it's probably better than their usual duties.
 
Once you claim first ticket forgiveness, you're basically stuck with your current insurer until it drops off your record if you don't want your rates to be affected by it. If you switch before then, a new insurer will surcharge you.
 
Unless you have a good solid legit defense (and most people don't), there is little chance of completely escaping the conviction unless by chance the officer doesn't show up in court, and they schedule their court dates so as to minimise the chance of that. Do scrutinise the ticket for errors - wrong location of incident, wrong time of day, etc.
While I agree odds of beating ticket are low and very very few people beat the ticket with a legitimate legal argument (eg calibration, mistaken vehicle pulled over, etc), the odds are not zero. Cop can get sick, cop can retire (those are funny as the cop knows they will be retired before court dates) and just maybe you get a JP that is fed up with the crown not providing the requested disclosure (that seems to happen almost every time a normal citizen asks for it) and throws it out.

It's also a good mental game for you. Keeps you on the ball and exposes you to many ridiculous arguments that never had a chance (almost every time you are in court a defendant will argue that they were only going x over not y over as per the ticket and that is an automatic conviction as the charge was speeding and they admitted to it).
 
How good is your driving record and what do you expect in your near-term future ...

If you already have tickets on your record in the last 3 years and there's still some time remaining before they drop off, then fight the ticket. If nothing else, this can delay having the conviction on your record until (hopefully) a previous one drops off.

On the other hand, if you have a good record, and this is going to be the only one on your record, and you have no plans of doing "something" that involves forcing your insurance company to check your driving record (e.g. new vehicle, move house, etc), and you're prepared to be a good little boy for the next couple of years so as to hopefully avoid getting another one ... I wouldn't bother, just pay it. One minor ticket on your record will usually have little impact on insurance, and unless you "do something" that causes them to check your record ... they may not even find out.

Unless you have a good solid legit defense (and most people don't), there is little chance of completely escaping the conviction unless by chance the officer doesn't show up in court, and they schedule their court dates so as to minimise the chance of that. Do scrutinise the ticket for errors - wrong location of incident, wrong time of day, etc.
My record has been clean for years. I normally fight every ticket as I am aware that insurers count convictions so 5 over is the same as 49 over. That's the only reason to fight. I've won by questioning if the speed measuring device was tested before and after the shift and my officer at that time hadn't tested after his shift, so I walked. As I haven't been in court for years, I don't know if its still a valid defense today.
 

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