Stupid speeding ticket, 48 km/h over | GTAMotorcycle.com

Stupid speeding ticket, 48 km/h over

DEA

Active member
I was riding yesterday (beautiful weather and perfect road conditions) and was stopped by a police officer (hiding in the bushes, unmarked black vehicle and dressed in black closes - probably just usual police outfit - not sure, b/c I was never stopped before) using point and shoot radar in 70km/h zone I was clocked at 118. It's $350 ticket and 5 points as I was alerted by the officer. I have few questions about the case:

1. What would hypothetically happened if I didn't stop to his hand gesture (he didn’t chase me and pull over, but was just staying on the road and making hand gesture to stop). I could have easily identified him as a civilian and didn’t know his intentions, so I could just run off, correct?

2. I had my digital speedometer accidentally switched to miles per hour :) and was doing approximately 75 miles/hour – any chance it could be a viable explanation which will help me fight the ticket?

3. What other options do I have to say to judge to reduce the ticket and/or demerit points other than hire a paralegal. It’s my first speeding ticket in 4 years in Canada and I have only parking tickets before + 1 more stupid ticket, which brings me to another question:

4. I got a “PLATE NOT PLAINLY VISIBLE” ticket while driving my car near Sarnia and it was issued because I had dealer installed license plate covers made from clear transparent plastic on my license plates. When I contacted the prosecutor for a possible resolution and explained that the ticket is a mistake, he told me some ******** about covers reflecting the light and that’s why my plates were not “plainly” visible. I took some pictures to prove that the plate unobstructed and plainly visible, but not sure how can I prove they didn’t reflect the light.

Thanks for any input.
 
charged.ca

use them. Good luck.
 
Although I sympathize with your situation, be glad he pulled you over if you were indeed under the impression you were doing the proper speed limit in km/hr rather than m/hr. I would use one of the services available to fight a ticket, most judges are lenient if it's your first speeding ticket.
Good luck.
 
If you were over by under 20km, you might have a chance to ask for police evidence and records of radar gun calibration. 40km over is difficult to fight, you can plea bargain with prosecutor with your mile to km argument, they might bring the ticket down a bit or charge you with somehting else with no points deduction.
OR you can always call xcopper or any above recommendations to fight for you.

good luck, and slow the f*&^ down.
 
4. I got a “PLATE NOT PLAINLY VISIBLE” ticket while driving my car near Sarnia and it was issued because I had dealer installed license plate covers made from clear transparent plastic on my license plates. When I contacted the prosecutor for a possible resolution and explained that the ticket is a mistake, he told me some ******** about covers reflecting the light and that’s why my plates were not “plainly” visible. I took some pictures to prove that the plate unobstructed and plainly visible, but not sure how can I prove they didn’t reflect the light.
I can help you with this. Have you been convicted already?

Take your 48kph ticket to court. No need to worry about a paralegal right now. Take the ticket in and pick "I want a court date, I will contest the officers evidence, I want the officer present at my trial and I have legal representation".

-Jamie M.
 
I was riding yesterday (beautiful weather and perfect road conditions) and was stopped by a police officer (hiding in the bushes, unmarked black vehicle and dressed in black closes - probably just usual police outfit - not sure, b/c I was never stopped before) using point and shoot radar in 70km/h zone I was clocked at 118. It's $350 ticket and 5 points as I was alerted by the officer. I have few questions about the case:

1. What would hypothetically happened if I didn't stop to his hand gesture (he didn’t chase me and pull over, but was just staying on the road and making hand gesture to stop). I could have easily identified him as a civilian and didn’t know his intentions, so I could just run off, correct?

2. I had my digital speedometer accidentally switched to miles per hour :) and was doing approximately 75 miles/hour – any chance it could be a viable explanation which will help me fight the ticket?

3. What other options do I have to say to judge to reduce the ticket and/or demerit points other than hire a paralegal. It’s my first speeding ticket in 4 years in Canada and I have only parking tickets before + 1 more stupid ticket, which brings me to another question:

4. I got a “PLATE NOT PLAINLY VISIBLE” ticket while driving my car near Sarnia and it was issued because I had dealer installed license plate covers made from clear transparent plastic on my license plates. When I contacted the prosecutor for a possible resolution and explained that the ticket is a mistake, he told me some ******** about covers reflecting the light and that’s why my plates were not “plainly” visible. I took some pictures to prove that the plate unobstructed and plainly visible, but not sure how can I prove they didn’t reflect the light.

Thanks for any input.

1. If you had ignored the officer then you would at the very least be facing both the speeding ticket and a charge of failure to obey officer.

2. Bringing up that your speedometer was set for MPH, rather than Kmh, would at best get you a reduction in the fine and not the points. That's what is called "guilty with an explanation."

3. My recommendation would be to go with a paralegal.

4. If the plate cover is plain clear plastic and not one of those that is intended to foil red light and speed cameras, and if the dealer's name etc. didn't cover any portion of the plate, then the ticket would likely go away at First Attendance.
 
I can help you with this. Have you been convicted already?
No, the court date is October 25th, I just called the prosecutor and he told me that the cover is reflecting the light and that's why is not plainly visible ... it's a standard non reflecting covers, the only thing is partially obstructed by dealers name is "yours to discover" at the bottom of the plate

Take your 48kph ticket to court. No need to worry about a paralegal right now. Take the ticket in and pick "I want a court date, I will contest the officers evidence, I want the officer present at my trial and I have legal representation"
I will. The only problem I can see about hiring a paralegal is it could be not efficient money wise b/c it happened near Orangeville (perhaps I can find nice inexpensive local paralegal).

Worst case scenario, if i don't use a paralegal help, and will not get the ticket reduced - will 5 points reflect on my bike insurance? what about car insurance? are the points gotten while riding apply to the car insurance as well? (i'm with jevco for the bike and johnson insurance for the car if it matters)
 
No, the court date is October 25th, I just called the prosecutor and he told me that the cover is reflecting the light and that's why is not plainly visible ... it's a standard non reflecting covers, the only thing is partially obstructed by dealers name is "yours to discover" at the bottom of the plate
K. you have NO time to spare. Send in a disclosure request immediately so we can look over the cops notes asap!!

Fax it with confirmation print out. The courthouse info is on the back of the ticket. Look on gtam for sample disclosure request letters.

-Jamie M.
 
^ Agree. OP you need to request the disclosure. Whether you get the help of a paralegal or represent yourself, the disclosure will provide you with the officers notes and evidence against you. You can use this to be able to form a defense. If you do not receive the disclosure in a reasonable amount of time prior to the court date, then you can go on the court date and ask that the case be delayed in order to allow you to formulate a defense.
 
I was riding yesterday (beautiful weather and perfect road conditions) and was stopped by a police officer (hiding in the bushes, unmarked black vehicle and dressed in black closes - probably just usual police outfit - not sure, b/c I was never stopped before) using point and shoot radar in 70km/h zone I was clocked at 118. It's $350 ticket and 5 points as I was alerted by the officer. I have few questions about the case:

1. What would hypothetically happened if I didn't stop to his hand gesture (he didn’t chase me and pull over, but was just staying on the road and making hand gesture to stop). I could have easily identified him as a civilian and didn’t know his intentions, so I could just run off, correct?

2. I had my digital speedometer accidentally switched to miles per hour :) and was doing approximately 75 miles/hour – any chance it could be a viable explanation which will help me fight the ticket?

3. What other options do I have to say to judge to reduce the ticket and/or demerit points other than hire a paralegal. It’s my first speeding ticket in 4 years in Canada and I have only parking tickets before + 1 more stupid ticket, which brings me to another question:

4. I got a “PLATE NOT PLAINLY VISIBLE” ticket while driving my car near Sarnia and it was issued because I had dealer installed license plate covers made from clear transparent plastic on my license plates. When I contacted the prosecutor for a possible resolution and explained that the ticket is a mistake, he told me some ******** about covers reflecting the light and that’s why my plates were not “plainly” visible. I took some pictures to prove that the plate unobstructed and plainly visible, but not sure how can I prove they didn’t reflect the light.

Thanks for any input.



So was the cop dressed in the uniform or just civilian clothing?

I know some of these guys are saying don't get paralegal help but I would get one ASAP.
All I know is 48 over is a hard one to fight even if your speedo was in miles per hour.

Yes, request disclosure like yesterday. Lets take a look at it. My paralegal found mistakes and both of my tickets were dropped.
 
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speedometer being in miles doesn't even the pass the giggle test, you'll have an impossible time getting a Justice of Peace to even entertain that defense
 
speedometer being in miles doesn't even the pass the giggle test, you'll have an impossible time getting a Justice of Peace to even entertain that defense

This is what I was thinking. It's no way an excuse. In your defence, you shouldn't even mention this.

Regarding not stopping - I did that once and I wasn't charged, altho, I got 5 other charges laid =)

And if it's an undercover, then how the f a regular folk's supposed to reckon a cop. They make it undercover just so we don't know, and you can just say "well done sir, you totally got me there".

What is the prosecutor's argument going to be anyways ?
Had a mustache and eating a donut ?
 
In regards to question 1 since everyone else has the rest covered, I've been told (and yes, this is hearsay) that unless they're wearing the appropriate high-vis vests, they aren't supposed to be pulling you over like that. It was an OPP constable that told me this, so maybe the rules are different for municipal cops. That being said, if you were charged it would be a simple matter of stating that the officer was in either plainclothes or "unremarkable" clothes (i.e. you didn't see anything that would make you think it was a cop, and the officer's own notes (re: using a stealth vehicle) would get you off on that charge more than likely.

I know for a fact in my neighbourhood, YRP was doing radar enforcement but had their unmarked black impala parked in someone's private driveway, while he was hiding behind some shrubs/trees with the handheld unit. 4 marked cars came lights and sirens on cause the homeowner said a man with a gun was parked in his driveway :lmao:
 
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In regards to question 1 since everyone else has the rest covered, I've been told (and yes, this is hearsay) that unless they're wearing the appropriate high-vis vests, they aren't supposed to be pulling you over like that. It was an OPP constable that told me this, so maybe the rules are different for municipal cops. That being said, if you were charged it would be a simple matter of stating that the officer was in either plainclothes or "unremarkable" clothes (i.e. you didn't see anything that would make you think it was a cop, and the officer's own notes (re: using a stealth vehicle) would get you off on that charge more than likely.

^^OP this right here is a really good info. I would personally call closes police station and confirm this. This could be a really good defense point.


I know for a fact in my neighbourhood, YRP was doing radar enforcement but had their unmarked black impala parked in someone's private driveway, while he was hiding behind some shrubs/trees with the handheld unit. 4 marked cars came lights and sirens on cause the homeowner said a man with a gun was parked in his driveway :lmao:

LMAO :D


Also you have to check when police officer calibrated his radar gun ect.
 
K. you have NO time to spare. Send in a disclosure request immediately so we can look over the cops notes asap!!

Fax it with confirmation print out. The courthouse info is on the back of the ticket. Look on gtam for sample disclosure request letters.

-Jamie M.

I was about to send my disclosure request for that 1st "PLATE NOT PLAINLY VISIBLE" ticket and noticed that they will not mail/fax it to me (surprise!!), but I will need to pick it up myself or arrange delivery service which probably would cost me close to the ticket value ($110) considering i would have to drive from Toronto to Sarnia to pick it up. Is there any other cheap way to get the disclosure (convince them to send it by mail)?
 
I was about to send my disclosure request for that 1st "PLATE NOT PLAINLY VISIBLE" ticket and noticed that they will not mail/fax it to me (surprise!!), but I will need to pick it up myself or arrange delivery service which probably would cost me close to the ticket value ($110) considering i would have to drive from Toronto to Sarnia to pick it up. Is there any other cheap way to get the disclosure (convince them to send it by mail)?
Where does it say this? Can you print out/post where it says they won't mail it to you? As long as you don't put your phone number or e-mail address on the request form, they have to notify you by mail that at least the disclosure is ready for pick up.

It'll be worth it man, just think of how screwed over with insurance you'll be with this plate ticket, etc. in the future. It's worth BIG $$$ to fight it now.

-Jamie M.
 
You could contact a paralegal for help. As Jamie said, think of the insurance hike(s). $XXX now is better than $XXXX across the next 3 years.
 
Where does it say this? Can you print out/post where it says they won't mail it to you? As long as you don't put your phone number or e-mail address on the request form, they have to notify you by mail that at least the disclosure is ready for pick up.

It'll be worth it man, just think of how screwed over with insurance you'll be with this plate ticket, etc. in the future. It's worth BIG $$$ to fight it now.

-Jamie M.

At the very bottom:
2e1f4zs.jpg
 
"You may do so personally or arrange for another person or delivery service to do so on your behalf"

Couldn't you get purolator or fedex to pickup the disclosure documents? Worth a call to the courts and purolator/fedex.
 

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