“Clarification Of Process - Prosecutor Meeting”

Hey All,

I have a situation with a friend and what's she's described to me doesn't match my own experiences (many) with fighting tickets and court appearances in Ontario. I'm going to lay out the scenario and have a couple of questions for clarification.

1. G2 Driver pulled over for 132 in an 80, Ostensibly radar identified as office was stationary. Office reduced to 129 and indicated the differences in the charges. Apparently noted on the ticket that it was reduced.

2. Driver request meeting with prosecutor.

3. Upon arrival at meeting prosecutor immediately asks for full name, charge, and then asks the driver to please, guilty or not and says she must plead prior to discussing the ticket. Young, inexperience driver pleads guilty.

4. Prosecutor asks what she wants regarding the ticket? Asks for reduction of points or reduction in fine and more time to pay.

5. Prosecutor goes on a speech about what the original charge would have been and to just be thankful! Then giver her a month and says "You can go now".

2 questions. Why did she have to plead prior to the discussion? In every meeting I've had it's been discuss, decide, then plead guilt to amended charge. Never have I been asked to plead up front.

And with regards to the reduced charge from the office, does the court have the option to reintroduce the 132 speed if they choose? How is that possible if she was officially charged with 129 and given a ticket instead of a summons?

Thanks in advance for the help!

Argonaut wrote:Why did she have to plead prior to the discussion? In every meeting I've had it's been discuss, decide, then plead guilt to amended charge. Never have I been asked to plead up front.

There was no discussion because there was nothing more to discuss.

Your friend received the deal of a lifetime. Instead of impounding her car for 7 days, having a roadside suspension, calling a cab, dealing with getting the car back, impound fees, fine of $2,000-$10,000, etc.... She drove away with a simple speeding charge in the luxury of her own vehicle.

One your insurance considers a minor conviction, the other will most likely get you kicked to the curb. You do not want to be forced to look into high risk or facility insurance. 49 over and maybe you pay 0-15% surcharge for a first offense. 50km and over is an automatic 100%. For a G2 driver, you're not worth the risk. At that point they probably might tell you to look elsewhere for insurance.

From their prospective, you are not in a position to negotiate. There's nothing to talk about. You can either take it or leave it because they've done more than enough already.

Argonaut wrote:And with regards to the reduced charge from the office, does the court have the option to reintroduce the 132 speed if they choose? How is that possible if she was officially charged with 129 and given a ticket instead of a summons?

The reduced charge is 129 if she chooses to plead guilty. It's your incentive for not wasting the courts time and money. They can and probably will amend the charge should you choose to continue with a trial.