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      09-19-2009, 07:07 PM   #1
victor328
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First speeding ticket :(

Just got my first speeding ticket in 22 years of driving. Was caught doing 80 km in a 60 km zone. The ticket is for $95 dollars and 3 points. After giving me the ticket I asked weather there were any points involved and the cop replied "3 points" then he added " If I show up to court it's zero points " This is my first ticket ever, was he basically saying if I take it to trial he won't show up ? What is the consensus with everyone here ? should I take it to trial ??

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      09-19-2009, 07:30 PM   #2
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I dont know how it is in Toronto, but I'm guessing it's the same here:

No more cop needs to show up to court. The Prosecutor of the Crown is enough. She/he has the full report.
You just go, plead your case, she says a few words, and the judge rules guilty or not.
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      09-19-2009, 07:31 PM   #3
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Ummmm yea u should definitely go to trial! No wories Victor, looks like you got lucky on this one. I even go to court when Im 100% guilty n the cop is 100% determined to make sure I eat that ticket! Never been "convicted" of a speeding ticket.....EVER!
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      09-19-2009, 07:31 PM   #4
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Quote:
Originally Posted by vince88 View Post
I dont know how it is in Toronto, but I'm guessing it's the same here:

No more cop needs to show up to court. The Prosecutor of the Crown is enough. She/he has the full report.
You just go, plead your case, she says a few words, and the judge rules guilty or not.
The cop does have to show here. Ill even postpone the court date over n over again untill he doesnt show! At the very least they will reduce your ticket to 10 kms over, $40 fine and no points.
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      09-19-2009, 09:18 PM   #5
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I think it's more that the Crown will almost always reduce your speeding bracket down one bracket if you plead guilty. So if you're in a 3 demerit point bracket, they will reduce it down to 0 points (the next level down) if you plead guilty.

Having said that, 0 points is still a conviction. If your insurance company does a spot check, they will count it against you.

Hiring a paralegal to fight the ticket for you will cost you $250ish.

So lots of things to think about...
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      09-19-2009, 10:17 PM   #6
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Thanks for the info guys ! I think I'll take it to trial and hope the cop doesn't show up. From what I keep hearing the trial wouldn't be for at least a year, unless they've done something about the backlog at the courts.
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      09-19-2009, 10:45 PM   #7
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dispute 200%!!!
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      09-19-2009, 10:50 PM   #8
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fight all tickets
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      09-19-2009, 11:21 PM   #9
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I got a ticket today too 71 in 50 zone I'm going to see prosecutor first
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      09-19-2009, 11:41 PM   #10
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Same thing happened to me a few years ago. I disputed the 20 over and it was reduced to 10 over with no points. Didn't have any effect on my insurance rates. Seems worthwhile to contest. Traffic court is hilarious too. I couldn't believe some of the dumb stories and excuses. The judge had a dry sense of humour too.
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      09-20-2009, 09:17 AM   #11
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Yes like daddy said, even though no points, you are convicted. Guilty. It will show up on your insurance transcripts, and it may or may not affect your insurance. Depends on your provider. Some wave your first offence. Expect rates to soar after second conviction.
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      09-20-2009, 08:59 PM   #12
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Fight the ticket.
Don't talk to the Prosecutor first, they'll just try to talk you into a lesser fine.

Book a court date and advise them that you'll be challenging the officer's information. This insures the cop must be present.

After the date is set, send a registered letter requesting full disclosure, which is everything that will be used against you.
If you can't read the chicken scratch, you can get off.
If the notes are incomplete, you can get off.
If the cop didn't do his job properly, you can get off.

Never, ever, pay for a ticket without a court date.
It is your right to have a trial, exercise it.
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      09-20-2009, 10:02 PM   #13
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Quote:
Originally Posted by Road Cone1 View Post
Fight the ticket.
Don't talk to the Prosecutor first, they'll just try to talk you into a lesser fine.

Book a court date and advise them that you'll be challenging the officer's information. This insures the cop must be present.

After the date is set, send a registered letter requesting full disclosure, which is everything that will be used against you.
If you can't read the chicken scratch, you can get off.
If the notes are incomplete, you can get off.
If the cop didn't do his job properly, you can get off.

Never, ever, pay for a ticket without a court date.
It is your right to have a trial, exercise it.
Very good advice, point for point exactly how to handle a ticket. I just want to bold the part about not going to first attendance, it is a total waste of time and they *always* try to get you to take a lesser charge; which is pointless re: insurance.
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      09-21-2009, 07:12 AM   #14
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From experience...
generally if you go to court, you'll get dropped to 10-15 km over, lesser fine and NO POINTS .
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      09-21-2009, 07:23 AM   #15
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How often do cops show up for these "small" speeding fines ? I always hear people saying " take it to court, the cop won't show up "
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      09-21-2009, 07:52 AM   #16
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Quote:
Originally Posted by victor328 View Post
How often do cops show up for these "small" speeding fines ? I always hear people saying " take it to court, the cop won't show up "
most of the time. the court generally groups all of the officers tickets to the same day so that they can be present should any of the offenders contest.
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      09-21-2009, 08:02 AM   #17
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It sounds as if the cop is not looking to get you on this. Read your ticket carefully and see if all the information is complete: time, place, etc.
I once got caught and the cop hinted that I should go to trial. Later on I noticed that intersection description had only one street listed...

Quote:
Originally Posted by victor328 View Post
Just got my first speeding ticket in 22 years of driving. Was caught doing 80 km in a 60 km zone. The ticket is for $95 dollars and 3 points. After giving me the ticket I asked weather there were any points involved and the cop replied "3 points" then he added " If I show up to court it's zero points " This is my first ticket ever, was he basically saying if I take it to trial he won't show up ? What is the consensus with everyone here ? should I take it to trial ??

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      09-21-2009, 10:16 AM   #18
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I got a ticket this morning... Making an 'Improper Left Turn' from Eastbound Harbour Street to go North on Yonge in downtown Toronto.
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      09-21-2009, 10:24 AM   #19
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Quote:
Originally Posted by VWtoBMW View Post
I got a ticket this morning... Making an 'Improper Left Turn' from Eastbound Harbour Street to go North on Yonge in downtown Toronto.
wait...but was it actually improper? what kind of laws did you break? no left between the hours or so and so? failure to signal? cutting across lanes while turning?
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      09-21-2009, 10:52 AM   #20
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Quote:
Originally Posted by victor328 View Post
Just got my first speeding ticket in 22 years of driving. Was caught doing 80 km in a 60 km zone. The ticket is for $95 dollars and 3 points. After giving me the ticket I asked weather there were any points involved and the cop replied "3 points" then he added " If I show up to court it's zero points " This is my first ticket ever, was he basically saying if I take it to trial he won't show up ? What is the consensus with everyone here ? should I take it to trial ??

Thanks
Hold on hold on..... first offense??? if that was your first offense you shouldnt have gotten a ticket... should have gotten traffic caution (warning) - definately take it to court they "quash" that right away given its ur first offense.
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      09-21-2009, 12:32 PM   #21
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Originally Posted by ims View Post
Hold on hold on..... first offense??? if that was your first offense you shouldnt have gotten a ticket... should have gotten traffic caution (warning) - definately take it to court they "quash" that right away given its ur first offense.
Yes, it's my first speeding offense, the only other ticket I ever got was 5 or 6 years ago and there were no points involved. The other thing about this speeding ticket was that there was a Honda Civic driving right next to me going the same speed but because I was in the inside lane the cop pulled me over, if I happened to be in the left lane and civic in the right lane, the Civic would have been pulled over. I don't know if that's something I can bring up in court, "how come I got pulled over and the car next to me didn't ?"
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      09-21-2009, 01:00 PM   #22
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Quote:
Originally Posted by victor328 View Post
Yes, it's my first speeding offense, the only other ticket I ever got was 5 or 6 years ago and there were no points involved. The other thing about this speeding ticket was that there was a Honda Civic driving right next to me going the same speed but because I was in the inside lane the cop pulled me over, if I happened to be in the left lane and civic in the right lane, the Civic would have been pulled over. I don't know if that's something I can bring up in court, "how come I got pulled over and the car next to me didn't ?"
well u never want to give the officer proof of your speed... for example "going with the flow, etc" so the less there is to prove the less chances of you getting convicted. Who didn't get pulled over is irrelevant to the court your being charged and thats it basically to them, its not the definition of JUSTICE but it is the law. Your there to plead guilty for a reduced fine or not guilty with proof for a complete quash.

When pulled over just dont speak much the more you talk the more info you give the officer, just be apologetic and never admit to speeding - claim ignorance if you have to and avoid blatantly lying (obviously). officers that are ticketing arent there to enforce safety most of the time just filling quotas so they dont care if you were going with the flow or if anyone else was speeding its an opportunity and they'll take it.
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