Stupid speeding ticket, 48 km/h over

[jojo]

1) I doubt that you'd be able to get away with this assuming that he got your plate and/or was able to track you down.
2) You should really face up to the fact that you got caught speeding and be prepared to face the consequences. It is surprising how many people say that their own speeding ticket is unfair. Sure, the speed limits in Ontario are laughable (especially on the 400 series highways which should be at least 110), but thems the rules...
3) Use a paralegal as suggested and you may be able to get at least the demerit points reduced. Even without them the judge may hear you out and decide to be lenient...depends on the judge in my experience
4) Everyone has been pretty helpful on this I believe and you should be able to work something out, given the evidence you've provided...however, in all cases it is better to not use these 'protective' covers, because more often than not they are meant to obscure the plate number (especially for toll routes like the 407)

 

[Rob MacLennan]

No...that's what I was saying. If you decide after your trial date has been set that you want an interpreter, the delay is on you and you ruin your chance of an 11(b)

That depends upon how much time there is before trial. If it's months away, and the request is made immediately, then it would likely be deemed reasonable. If the request is made two weeks before trial, for example, then there's no way in hell they could reasonably schedule an interpreter.

The measure of whether or not an interpreter is needed is based on whether the accused is competent enough in English to defend himself, or to assist a representative in his own defence.

 

[DEA]

That depends upon how much time there is before trial. If it's months away, and the request is made immediately, then it would likely be deemed reasonable. If the request is made two weeks before trial, for example, then there's no way in hell they could reasonably schedule an interpreter.

The measure of whether or not an interpreter is needed is based on whether the accused is competent enough in English to defend himself, or to assist a representative in his own defence.

I have Russian background as well and although I can speak English fluently I have strong russian accent ...

I will not request the translator for the "plates not plainly visible" ticket as the trial is in 1 week. For the speeding ticket I just left a notice of intention to appear in the trial yesterday, but didn't choose the option for the translator. I wonder if its possible to request a translator after i left the notice, but didn't receive trial date yet (and how can I do it w/o riding to Orangeville again )

 

[Emefef]

I have Russian background as well and although I can speak English fluently I have strong russian accent ...

I will not request the translator for the "plates not plainly visible" ticket as the trial is in 1 week. But for the speeding ticket I just left a notice of intention to appear in the trial yesterday, but didn't choose the option for the translator - I wonder if its possible to request a translator after i left the notice, but didn't receive trial date yet (and how can I do it w/o riding to Orangeville again )

Wait until you lose the trial next week - then there will be no questioning why you suddenly need an interpreter for your next trial. Just a thought, no actual experience.

 

[Rob MacLennan]

I have Russian background as well and although I can speak English fluently I have strong russian accent ...

I will not request the translator for the "plates not plainly visible" ticket as the trial is in 1 week. For the speeding ticket I just left a notice of intention to appear in the trial yesterday, but didn't choose the option for the translator. I wonder if its possible to request a translator after i left the notice, but didn't receive trial date yet (and how can I do it w/o riding to Orangeville again )

Try calling the number for the office of The Crown, where you sent your disclosure request. They should be able to tell you if you can amend to add the request.

How you avoid having to make the trip is have someone else make it for you; as in hiring a paralegal.

 

[elton_t]

Are you hoping the judge to drop the ticket or what? What is your concern here? It seems like the fine is not your main concern, is it the points? insurance premium?

From my experience, the judge most likely will only lower 10kph, meaning you might still get 38kph over the limit. That will lower your fine but not your points, as the system you might know anything over 30kph-49kph still cost you 4 points.

 

[DEA]

Wait until you lose the trial next week - then there will be no questioning why you suddenly need an interpreter for your next trial. Just a thought, no actual experience.

not sure im getting your point right - should I request a translator for the 1st trial as well?

 

[DEA]

Are you hoping the judge to drop the ticket or what? What is your concern here? It seems like the fine is not your main concern, is it the points? insurance premium?

1st ticket "plates not plainly visible" - hope judge drop it as the ticket is a BS
2nd ticket "speeding" - still not sure what to hope for still considering my options ...

From my experience, the judge most likely will only lower 10kph, meaning you might still get 38kph over the limit. That will lower your fine but not your points, as the system you might know anything over 30kph-49kph still cost you 4 points.

do you think paralegal might help me to get lower points/lower fine?

 

[toysareforboys]

do you think paralegal might help me to get lower points/lower fine?

The points don't matter to anyone, unless you're running out of them (or have a bunch depending on how you look at it).

As long as your 48km/h is the actual speed you were doing over, and doesn't get amended up to anything you're good.

If your plate is legible and the numbers can be read easily and the sticker can be seen easily, it's legal. No part of the motorcycle can be obstructing it when viewed from a 45 degree angle from either side (i.e. passenger foot pegs, tire hugger, etc.).

Got a photo of your plate? I've fought a bunch of plate not visible tickets and been successful every time.

-Jamie M.

 

[DEA]

The points don't matter to anyone, unless you're running out of them (or have a bunch depending on how you look at it).

As long as your 48km/h is the actual speed you were doing over, and doesn't get amended up to anything you're good.

48km/h over is actual speed officer clocked me at

If your plate is legible and the numbers can be read easily and the sticker can be seen easily, it's legal. No part of the motorcycle can be obstructing it when viewed from a 45 degree angle from either side (i.e. passenger foot pegs, tire hugger, etc.).

Got a photo of your plate? I've fought a bunch of plate not visible tickets and been successful every time.

-Jamie M.

Actually plates' ticket was for my car, I attached the pic of the cover and I had sticker on top of the cover... going to Sarnia tomorrow for the trial (still don't have disclosure so will be trying to postpone the trial).

Question - how do I make sure that the cop(s) (actually there were 2 cops inspecting my car) showed up to the trial BEFORE I request later date?

 

[SLaP]

Actually plates' ticket was for my car, I attached the pic of the cover and I had sticker on top of the cover... going to Sarnia tomorrow for the trial (still don't have disclosure so will be trying to postpone the trial).

Question - how do I make sure that the cop(s) (actually there were 2 cops inspecting my car) showed up to the trial BEFORE I request later date?

If the cop doesn't show up, ask the Justice of the Peace (Your worship) that the charges be dismissed or “stayed”. If the cop does not show you will generally not have to ask, as the prosecutor will do this.

If the cop does show, you can ask that the charges be dismissed or “stayed” as you have been deprived the right to a full answer and defence to the charge(s) laid and to adjourn the trial to a later date, will force you to take more time off of work, invest additional resources to the case at hand. The Prosecutor may ask that the trial be adjourned to a later date in order to give his/her office the opportunity to have your request for disclosure acted on and to have the Officer’s notes sent to you. You should remind the Court that if the matter is put over to a later date, it will mean you will have to take more time (in addition to the time you have already taken to come to Court at a future date).

 

[toysareforboys]

Actually plates' ticket was for my car, I attached the pic of the cover and I had sticker on top of the cover... going to Sarnia tomorrow for the trial (still don't have disclosure so will be trying to postpone the trial).

Question - how do I make sure that the cop(s) (actually there were 2 cops inspecting my car) showed up to the trial BEFORE I request later date?

When did you request disclosure? Do you have proof (fax receipt, etc.)? If you show up at your court date AND the prosecutor does NOT have disclosure to give you, make a big stink! About how long you've waited for the court date, that you've requested disclosure so long ago, all the stress of this upcoming court appearance, etc. It's not fair to make you wait longer, for disclosure that may never come! Request the charges be dismissed for lack of disclosure.

If the prosecution gives you disclosure at your court date make sure you tell the judge you were just presented with your disclosure and it's impossible to have a defence ready in that short period of time. You have to make sure if they adjourn the case that it's not your fault for requesting it.

Do you remember what the cops looked like? On your original ticket is written your officers badge # and unit. Show up to court VERY early (i.e. if your court date says 11am show up at 9:30) and look at all the dockets for the courtrooms, look for your officers badge number on the docket. Pay attention to the peoples names and sit in the court and wait for them to get called up and see if the officer is there. If you remember what he looks like obviously you will probably see him sitting at the back of the courtroom.

DO NOT rely on the prosecutor to tell you if the cop is there, they will flat out lie to your face and tell you he's there, even if he isn't!

-Jamie M.

 

[DEA]

When did you request disclosure? Do you have proof (fax receipt, etc.)? If you show up at your court date AND the prosecutor does NOT have disclosure to give you, make a big stink! About how long you've waited for the court date, that you've requested disclosure so long ago, all the stress of this upcoming court appearance, etc. It's not fair to make you wait longer, for disclosure that may never come! Request the charges be dismissed for lack of disclosure.

I requested it on October 5th so not long ago (wasn't aware I need to before I got my 2nd ticket), but do have fax confirmation and also I called them and was assured my request is in prosecutor's bin

Do you remember what the cops looked like?

like usual cops look like - sunglasses and uniforms

On your original ticket is written your officers badge # and unit.

On the notice of trial I can see only officer name (only 1 officer, but I'm positive that 2 cops approached my car and 2nd cop requested me to roll down passenger side window and had his head in my car looking for something) and Officer No: 209 Enforcement Agency: 30170 and blank Unit.

Also, do I need to dress up or jeans and clean shirt is fine?

 

[toysareforboys]

I requested it on October 5th so not long ago (wasn't aware I need to before I got my 2nd ticket), but do have fax confirmation and also I called them and was assured my request is in prosecutor's bin

Make sure you bring the fax confirmation with you. They generally don't want to hear about you not having disclosure if you requested it less than 45 days prior to your court date and may charge you with prejudice for getting your court date adjourned (only affects your future 11b chances), and they for sure won't want to hear about dismissing your charges due to lack of disclosure (if it's been less than 45 days since you requested disclosure).

like usual cops look like - sunglasses and uniforms

There will be a lot of cops there, if you don't remember what he looks like then you'll have to go with my first suggestion.

On the notice of trial I can see only officer name (only 1 officer, but I'm positive that 2 cops approached my car and 2nd cop requested me to roll down passenger side window and had his head in my car looking for something) and Officer No: 209 Enforcement Agency: 30170 and blank Unit.

Where is your original ticket? They were supposed to stamp it and hand it back to you when you filed for your court date!?

The officers badge number is probably 209-30170, make sure you have that form with you when you go to court so you can try and figure out which cases he's on the dockit for.

Also, do I need to dress up or jeans and clean shirt is fine?

I would dress up in the most professional business attire you have. Dress shirt (no tie), black pants, dress shoes. The more professional you look the more seriously the prosecutor and judge will treat you.

-Jamie M.

 

[DEA]

Where is your original ticket? They were supposed to stamp it and hand it back to you when you filed for your court date!?

I'm not 100% sure they handed it back to me, but I don't have it (only photocopy on the back side of notice of trial)

 

[Thunder Fox]

county of lambton, I guess you get caught in small town
from my own exp, my cop don't show up in the morning, my case was placed almost the last 3pm (all easy plea guilty or explanation before me), translator told me just a phone call the cop will show up in small town (they won't wait there for few hours)
(yup, I didn't get ticket fighter but I asked for translator, fight it myself, try to slow them down and calm myself when someone beside me, got few advices)

lower points or fines, you could do it yourself with all the other guys in morning with prosecutor, well he wanna save time, do a easy job and get home early too, that's what most average ticket fighters do to grab easy money

if you want it off, that's another story

 

[DEA]

toysareforboys, do you think I could try to show the judge actual plates' covers and ask to dismiss the ticket b/c plates can actually be seen plainly through it? (even if we haven't seen the disclosure - what if it doesn't have any errors or helpful info)

 

[toysareforboys]

toysareforboys, do you think I could try to show the judge actual plates' covers and ask to dismiss the ticket b/c plates can actually be seen plainly through it? (even if we haven't seen the disclosure - what if it doesn't have any errors or helpful info)

You have to make your plea (would be not guilty in this case), then present your case. The judge won't let you present any "evidence" before you plea, so you'd really be rolling the dice.

I would wait for disclosure, I can help you do a really good defence once you get disclosure.

-Jamie M.

 

[DEA]

You have to make your plea (would be not guilty in this case), then present your case. The judge won't let you present any "evidence" before you plea, so you'd really be rolling the dice.

I would wait for disclosure, I can help you do a really good defence once you get disclosure.

-Jamie M.

thanks for the help

 

[?spoc]

You have to make your plea (would be not guilty in this case), then present your case. The judge won't let you present any "evidence" before you plea, so you'd really be rolling the dice.

I would wait for disclosure, I can help you do a really good defence once you get disclosure.

-Jamie M.

Can you go into details about how your GPS helped your case? I had to create some fake GoPro footage for my friend after they refused to accept his GPS trip recorder into evidence (not a certified speed measuring device)?

-Jamie M.

Maybe it will also include the fabrication of evidence. Personally I'd look elsewhere for help lol