Re: If A Cop Claims That Your Speed Was 84 Km/hr In 60 Zone
highwaystar wrote:As per the Winlow decision, the prosecutor must give you the Winlow Warning (notice) BEFORE you are arraigned (i.e. enter your plea). While the prosecution can certainly notify you of their intention to 'amend up' (Winlow Warning) anytime before you plea, in practice they usually wait to see you in person---either at your resolution meeting or on the day of your trial. If they notify you on your trial date, then you are entitled to an adjournment (so as to re-consider your legal options in light of the change in circumstances). That's an entitlement set out right from the Winlow decision.
In practice, this is how it usually happens. Before you enter your plea, the prosecutor notifies you and the court that they anticipate they will be seeking an amendment to raise the rate of speed on the certificate based upon the evidence that is given. That lets the JP know that the prosecutor is planning to seek an amendment the moment the officer testifies to a higher rate of speed. The JP then asks you if you are aware of what that means and may offer you an adjournment to re-consider your position. If you turn down the offer to adjourn and say you want to proceed, then they will arraign you on the charge of speeding as it is stated on your ticket. Once the officer testifies about the higher rate of speed, the prosecutor will then move (request) to amend the certificate to the higher rate of speed.
Now, to address your other question, there is nothing that prevents you from simply entering a plea of guilty BEFORE the certificate is amended. That is, if on your trial date the officer shows up and the prosecutor gives you your Winlow warning, you can still plead guilty before they amend up. Of course, it is always wise to let the prosecutor know that you'll be pleading guilty so that they don't attempt to make the amendment BEFORE you plea and to hopefully allow you to get out of court early. Otherwise, you could be sitting in court all day while they go through their list, under the assumption that your case will be proceeding to trial.
However, keep in mind that if you ARE planning to plead guilty, then it makes more sense to simply pay the fine before you even have to enter a plea. That's because if you simply pay the fine, the amounts used are the 'set fine' rates. If however you plead guilty in court, then they must use the 'statutory rates'; which are always higher.
Thanks a lot, Highwaystar! Thanks to you I have a much better understanding of what I should or should not do . Could you please let me know if there is any misunderstanding on my part?
Now my understanding is
1. It does not matter whether or not I request the disclosure and in that disclosure the police officer claims that my speed was actually 84. It will not affect the prosecutors decision to notify me of their intention to 'amend up' (Winlow Warning) and, in theory, they can do it anytime.
So, I should, probably, request the disclosure and review it.
2. Even if they notify me of their intention to 'amend up' (Winlow Warning) BEFORE the trial, I can just pay the fine according to my ticket (speeding 70km/hr in 60 zone, Toatal Payable: $40, No points) before the trial or even just before entering a plea.
I guess, if I pay the fine at the very last moment I should be able to provide some kind of proof of payment.
3. Even if they notify me of their intention to 'amend up' (Winlow Warning) BEFORE the trial, I have an option of not going to the trial at all. In this case I will be found guilty and I still will have to pay the fine according to my original ticket (speeding 70km/hr in 60 zone, Total Payable: $40, No points)
The fine is not a big deal but my insurance will be affected by the conviction.
4. Alternatively, I can go to trial, hoping that the cop will not show up but, if he is there, they will let me know that the prosecutor is planning to seek an amendment the moment the officer testifies to a higher rate of speed and offer me an adjournment to re-consider my position.
My understanding is that at this point I should agree to the adjournment. Later I can decide whether I should just pay the fine according to my original ticket (speeding 70km/hr in 60 zone, Toatal Payable: $40, No points) or fight the ' amended up ticket' (speeding 84km/hr in 60 zone, Total Payable: $x, x points).
If this is a case, it looks like a no brainer. I should request disclosure, go to trial, and, if the cop is there, accept the adjournment and later pay the fine according to my original ticket (as it described in 2 or 3 of the above). That will give me
1) more months before the conviction affects my insurance
2) a chance to avoid conviction if the cop does not show up.
Sounds like a good plan, does not it? Thanks a lot again!