View Full Version : Help! Speeding Ticket, need advice!
Krakilin
04-03-2008, 02:26 PM
So I was coming back from Ikea this morning... going East on Major Mac, right before Bathurst, there were no cars in front of me, I don't usually go to that area so I had no idea what the speed limit is there, and I had no idea how fast I was driving, I was just day dreaming, crusing away on a nice sunny day. So then I saw this cop car coming down the road on the otherside (going the opposite direction), I didn't think much about it, as he passed me, I looked at my rearview mirror, and i saw him making a u-turn and the lights were on...
I was like wtf?
So I went to the slow lane, hoping he'll just pass me, but then he also went to the slow lane...
F#%k... so I stopped, he stopped, he came up to me and asked me for my driver's license, I gave it to him and I asked him if I was speeding? (Cuz I didn't think he was able to radar me while he was driving, but appearently he can, I made a few calls to some ticket-fighting places and confirmed that they have radars that are place in front of the cruisers that can do that)
So he said: yeah, you were going 101km/h... so I asked what was the speed limit there 80? He said 70..
He came back later and gave me the ticket, I was hoping he would go easy on me since my record is pretty clean (my last ticket was 6 years ago tagged for going 70km/h on a 60 street), and I'm 28 years old.
I took a look at the ticket it was for $226 total... 101kmph on 70km street
I came home and checked the website... going 16km to 30kmph over is 3points deduction, going over 31km/h to 49kp/h is 4 points...
So I JUST made it to the 31-49 range... so he obviously did not go easy on me, more like rubbing it in...
On the ticket, there are 3 options...
(1) Plea of Guilty - Which means I pay and take it up the @ss
(2) To plead guilty with an explanation - So I go there, setup an appointment and work out a deal.
(3) Trial Option, ~~~ "For your convenience, and to save time, you may call the court office in advance for an appointment with the prosecutor"
So I'm thinking of either option 2 or 3...
Option 2, my arguement is that I have a clean record, I don't normally go to that area, I didn't notice the speed limit sign, there are farmland on both sides, and there were no cars in front of me so I wasn't really paying attention. Hoping they will drop the fine and some points, but could still possibly get screwed over if they don't reduce anything since I''m still pleading "Guilty"
Option 3, my arguement is, well, I have no arguement actually, it's me vs the cop + his partner and the radar. So here I'm hoping the cop does not show up, or when I see the prosecutor first, I could make some deal with him, or the judge would reduce my charges...
What do you guys think?
well you said it was farm land??? then wouldn't it be assumed to be 80km limit if no sign posted, isnt that the general rule of thumb. BUT the area you described isnt really out there, maybe theyll reduce it
Notorious MS3
04-03-2008, 03:00 PM
That sucks man I just got hit today for going 77 in a 50, I honestly had know idea that the limit was 50. The cop actually told me I should take option 4 on the ticket, which means take it to court. I had a really nice cop, he said he would give me a break and not show up. You should take a look at option 4 on the ticket, take it straight to the prosecuter, they may reduce it, or the cop may just not show.
Junior
04-03-2008, 03:14 PM
Fight it and get it removed completely. Points or not, you'll get jacked by insurance in the end if you don't clear it altogether.
This is true. ALWAYS fight. Contest the calibration on the gun, Contest every fact you can. 4 points will raise your insurance, unless your insurance plan has a "Freebie" option that you are in. Even then, going to a new company will give you higher than normal rates.
Fight EVERY ticket.
My buddy got caught doing 82 in a 60, driving with expired plates and driving without a license. The plates/license was 2 days expired. He called to book a court date and they didn't respond within 9 months, meaning the case was thrown out. As well, Assuming they DO get you a date, the cop might not show and all you need is one fairly robust question he cant answer (because he's not there) like when or how he calibrated the gun. If he can't show evidence that it was properly calibrated, the case is pretty much won!
you need to hire a figter for it, around $400 to $500. and they will 80% clear your ticket with no charges, its not only the money, it hurts your auto insurance next yr.
don't hire a fighter, or a x cop. Just go in and fight it to your defense.
These are some rules, when it comes to speeding. And Trust me, I learned this in Police, Since all my professors are ALL COPS, WITHIN THE GTA.
If it's around a bend, or under a bridge - gets thrown out of court, because they have to have visible contact with you.
If it's raining or snowing, it will get thrown out, simply because once the rain/snow interferes with the laser, it sends out an inaccurate reading.
And since u say that they clocked u, while driving the other way, that's bull shit. Alot of people say that cops do have it while traveling, but it's all bs. I didn't believe it at first, but when I was asked to attend a few trials for tickets, each one got thrown out, especially the moving radar,
Cops HAVE to be stopped while doing it.
And research says 80% of the time, cop never shows, simply because they still make profit off that case whether or not they attend it, simply because it goes by what they have written in their notebook.
I tried to describe it as best as possible, but if you don't understand it, I don't blame you. If you were to come out to one of the meets, I'll be more than glad to speak to you about it.
alhope34
04-03-2008, 09:08 PM
Up Warden, I mean way way up, about an hour north of Markham, I was going 120 in the 80 and a cop wizzed by the other way. Guess I was lucky she didn't turn around. This car is extremely fun on those deserted rural roads, but I really don't need 4 points on my license and a second ticket. I thought it was max 2 points for a speeding ticket in Ontario. Guess I was wrong.
jaM3ican
04-03-2008, 10:36 PM
Just be thankfull that he didn't impound your car.
I thought they were required to show you the radar gun? I would have asked to see it. In essence they can't prove that you were going that fast until they show you the radar gun?
I could be wrong.
dentinger
04-03-2008, 11:21 PM
And research says 80% of the time, cop never shows, simply because they still make profit off that case whether or not they attend it, simply because it goes by what they have written in their notebook.
police officers get paid now to go to court. so they are most likely going to show up. so dont get your hopes up tihnking your ticket will get thrown out.
now, dont give excuses. they wont buy it. none of the, oh, i never drive this way, there were no cars in front of me, i didnt think i was going that fast, etc etc.
just ask for a lesser charge, or whatever. just something along the lines of....
"my record has been clean for x amount of years, and all i want is the demerit points reduced"
no one ever cares about the fine, cuz the fine is a one time deal, you pay it, and thats it. demerit points, however, haunt you for 2 years.
Noisy Crow
04-03-2008, 11:29 PM
Just be thankfull that he didn't impound your car.
I thought they were required to show you the radar gun? I would have asked to see it. In essence they can't prove that you were going that fast until they show you the radar gun?
I could be wrong.
http://www.magma.ca/~fyst/fystfaq.htm
http://www.magma.ca/~fyst/
Junior
04-04-2008, 09:22 AM
no one ever cares about the fine, cuz the fine is a one time deal, you pay it, and thats it. demerit points, however, haunt you for 2 years.
Insurance cares about fines.
Cardinal Fang
04-04-2008, 09:24 AM
If it's raining or snowing, it will get thrown out, simply because once the rain/snow interferes with the laser, it sends out an inaccurate reading.
This is somewhat misleading. The sensitivity may be diminished. Rain, snow, fog will shorten the range of laser. Several laser guns now have an "inclement weather" setting to take this in account, but the range is still reduced. Instead of catching you speeding at 500m away they catch you at 250m away. The accuracy of the speed they read is not affected.
The cop does not have to be in visible contact with you. THEY have to see you. You don't have to see them. If you google police radar you will see that the newer models can be mounted on the dash and can give speeds back to the officer of the coming traffic. The theory of radar is simple whether the car is moving or not.
Krakilin
04-04-2008, 11:47 AM
Thanks to all who spent your time reading my post and responding, I will go with option3, go to court and fight this, and hope that I can setup an appointment with the prosecutor first and work out a deal... at this point, I don't have much more to lose.
Thanks for those links Noisy Crow, they were REALLY informative.
If this post still exist by then, I'll post the aftermath.
Thanks to you all...
Krakilin
06-11-2008, 06:06 PM
Just to update you guys, I went to Court Office this morning (50 Hightech Road, Yonge / Hwy 7) for my first appearence with the prosecutor to settle the case.
My original ticket: going 101 kmph on a 70 zone (so that's +31 kmph), 4 demerit points, $220 fine.
The prosecutor asked me how fast did I think I was going, I told her +10 over the speed limit, but I thought the speed limit there was 80kmph, so I was driving 90kmph. She said that's still 20kmph over the speed limit, then to my surprise she said she'll convince the judge to drop it down to 85kmph (so +15), so that it'll only be a $45 fine, and no demerit points.
Uh, yeah sure I'll take that i told her.
Waited about an hour, she then took me to the judge, judge told me if I plead guilty to going 85kmph I forfeit the right to have a trial on this matter.
DONE DONE and DONE!
Went to the cashier and paid, ended up to be $60 ($45 + $5 courtfee + $10 admin fee or something).
Just want to thank you all who helped!!! Much appreciated.
cwp_sedan
06-11-2008, 06:15 PM
Just to update you guys, I went to Court Office this morning (50 Hightech Road, Yonge / Hwy 7) for my first appearence with the prosecutor to settle the case.
My original ticket: going 101 kmph on a 70 zone (so that's +31 kmph), 4 demerit points, $220 fine.
The prosecutor asked me how fast did I think I was going, I told her +10 over the speed limit, but I thought the speed limit there was 80kmph, so I was driving 90kmph. She said that's still 20kmph over the speed limit, then to my surprise she said she'll convince the judge to drop it down to 85kmph (so +15), so that it'll only be a $45 fine, and no demerit points.
Uh, yeah sure I'll take that i told her.
Waited about an hour, she then took me to the judge, judge told me if I plead guilty to going 85kmph I forfeit the right to have a trial on this matter.
DONE DONE and DONE!
Went to the cashier and paid, ended up to be $60 ($45 + $5 courtfee + $10 admin fee or something).
Just want to thank you all who helped!!! Much appreciated.
That's much better than your original ticket!! Hopefully your insurance isn't affected much because of the ticket.
Wild Weasel
06-11-2008, 07:10 PM
Hate to break it to ya, but you pretty much only saved yourself the difference in the fine. This will affect your insurance exactly the same. They pretty much always knock minor charges down (and 31 over is a minor charge still) to 15 over because people seem to think it matters to not get points.
Krakilin
06-11-2008, 07:31 PM
Hate to break it to ya, but you pretty much only saved yourself the difference in the fine. This will affect your insurance exactly the same. They pretty much always knock minor charges down (and 31 over is a minor charge still) to 15 over because people seem to think it matters to not get points.
I just renewed my insurance with PC again (1 year renewel), my insurance is actually $100 cheaper to $1755 / year now, so I'm still good :), well maybe next year they're jack it up? 4 Years ago when I had my first speeding ticket going 10kmph over the limit, my insurance didn't change, so hopefully they won't increase it next year since I still have a 9-star rating (max) with PC Insurance.
Demerit points do matter, not for insurance, but it stays on your record for 2 years, if you cumulate nine points "you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended."
Mafty
06-11-2008, 10:46 PM
slow down? 101 in a 70........
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