I see numerious comments on the board of folks who want to fight a ticket in which the speed had been reduced by the officer, and warnings of the courts having the authority to revise the ticket back to the original speed before reduction. Has anyone actually had this done to them or is it a scare tactic by the procescutors? 
Anyone had a ticket reverted to the original speed?
I see numerious comments on the board of folks who want to fight a ticket in which the speed had been reduced by the officer, and warnings of the courts having the authority to revise the ticket back to the original speed before reduction. Has anyone actually had this done to them or is it a scare tactic by the procescutors? :?:
Re: Anyone had a ticket reverted to the original speed?
No its NOT a scare tactic. A friend of mine recently fought his ticket in court, one that was reduced road side by the officer. He lost at trial and the full fine and conviction was applied.
No its NOT a scare tactic.
A friend of mine recently fought his ticket in court, one that was reduced road side by the officer. He lost at trial and the full fine and conviction was applied.
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Simon Borys
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Re: Anyone had a ticket reverted to the original speed?
In the jurisdiction I used to work in the prosecutor asked for it in literally every case of reduced speeding that went to trail. It is not a scare tactic. Reason being that if they're going to have the trial anyway, they're going to have it at the original speed since it's no more work for them.
In the jurisdiction I used to work in the prosecutor asked for it in literally every case of reduced speeding that went to trail. It is not a scare tactic. Reason being that if they're going to have the trial anyway, they're going to have it at the original speed since it's no more work for them.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
Re: Anyone had a ticket reverted to the original speed?
here is link to court of appeal decision which binds all lower courts, that they can in fact raise the speed back up at trial http://www.ontariohighwaytrafficact.com/topic1393.html
here is link to court of appeal decision which binds all lower courts, that they can in fact raise the speed back up at trial
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Radar Identified
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Re: Anyone had a ticket reverted to the original speed?
I've personally seen charges increased to the original speed - some of them were real doozies. One guy was ticketed for 15 over and proceeded to get the charge amended to the original speed of 113 in a 50 zone. Lucky for him that it was past 6 months from the date of the offence so the Prosecutor couldn't withdraw the s. 128 speeding charge and replace it with stunt driving, which is another option they have.
I've personally seen charges increased to the original speed - some of them were real doozies. One guy was ticketed for 15 over and proceeded to get the charge amended to the original speed of 113 in a 50 zone. Lucky for him that it was past 6 months from the date of the offence so the Prosecutor couldn't withdraw the s. 128 speeding charge and replace it with stunt driving, which is another option they have.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
http://www.OntarioTicket.com OR http://www.OHTA.ca
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