“Question About A 69 In A 50”

Hi all, just looking for some advice if possible, in May I was caught in a speed trap going down a hill in Scarborough allegedly going 69km/h. The officer walked on to the road and pulled me over, several other cars were also pulled over and during the 15 minutes of me sitting there 3 other cars were pulled over (just stating, not using as a reason)

Anyways the officer approached my window, said I "was going a bit fast today, he has to issue me a ticket" he then asked for my license, took it and walked to the back of my car. He did not ask for insurance or ownership. About 5 minutes later he walked back to my window and gave me my license back and a ticket, he then told me "don't worry, take it to court and I will do my best to help you", I assume due to the fact that he saw I was stressed over the subject.

I took note of all this but that is the short version, anyways I chose option 3 and waited, now I am waiting on my court date.

What I am wondering is:

1. Must I wait until I am given a court date to file for disclosure?

2. Should I make note of the fact that he did not ask for insurance or ownership? or anything else he said?

3.In this case, obviously I would like to have it dropped fully but is it best to see if they make an offer and take it? I have 1 other ticket from 3 years ago and would rather not have this one add to the problem but if I must, I accept what is happened.

I appreciate any help in advance regarding the matter, thanks

Just wanted to update:

I just got home and I had a letter from toronto courts saying I was convicted and I have till july 9th to pay a $60 fine, this confuses and scares me as I did file to get a court date and they stamped my ticket approving the filing and the ticket it self says wait 6 months for a date to be mailed, it has only been 4. I will call on friday to see what is going on but this is making me nervous, has anyone heard of this? And it should be fixable right?

Thanks again

Sounds like they sent a notice of trial out but you didn't receive it. You could appeal on those grounds if you wish.

Thanks for the help, I would for sure like to, but how could I have gotten this from them and not the notice?! And is my only option to call them and explain this and set it up through there or Is it already set in stone? Thanks

I'd probably go to court and try to get it re-opened. If you're concerned about the technical aspects of it, consulting a paralegal may be worthwhile.

Start by calling them, though, and find out what happened. Four months seems unusually fast for a court date in Scarborough, maybe there was an administrative error (which would be no surprise).

Thank you! That's what I thought, it would have been quite quickly, the unfortunate thing is I now have to wait till friday, which is driving me nuts, regardless ill find out then, hopefully something can be done, thanks.

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Hi ashley_10

ashley_10 wrote:Just wanted to update:

I just got home and I had a letter from toronto courts saying I was convicted and I have till july 9th to pay a $60 fine, this confuses and scares me as I did file to get a court date and they stamped my ticket approving the filing and the ticket it self says wait 6 months for a date to be mailed, it has only been 4. I will call on friday to see what is going on but this is making me nervous, has anyone heard of this? And it should be fixable right?

Thanks again

Is the "letter from toronto" a Notice of Fine and Due Date?

If it is so, is the Amount Due exactly $60.00?

The reason I ask is because $60.00 represents a speeding offence of 15k/h over the limit calculated as follows:

15k/h over * $3.00 = $45.00 + Victim Surcharge $10.00 + Court Costs $5.00 = $60.00

Check s.128(14)(a):

Victim Surcharge table:

It could be -most likely- a different ticket or, if it is the same ticket, you were convicted on -angelical/lucky clerical- error of speeding 15 k/h over.

If it is the later, which you can confirm at the court office, my opinion is that you DO NOT reopen the case because at 15k/h there are no demerit points attached to the conviction and it is a minor offence. If the case is reopened, you go back to be charged of speeding 19k/h over the limit, which on conviction carries 3 demerit points.

The Notice of Fine and Due Date should look something like this:

For greater certainty, in the Notice of Fine and Due Date, you can also check:

• - The Case Number which should be the same as your ticket number. Sometimes extra digits are added to it, but your ticket number should be included in the case number.
  
  

  - The date of the offence, and

  
  

  - The conviction date. It takes approximately between 30 to 45 for a fail to respond -POA s.9(1)(a)- conviction to occur

Go to the court office and let us know what happened. Good luck!!

Cheers.

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Hey all, sorry to bump and old topic here but I just wanted to update/ get an idea. So to fill in the days up to this point, I went back downtown to the offices and re opened the case (what a pain that was btw to first file for option 3 in markham, then having to go downtown to re open once they screw up, then having to go back downtown again to pick up my disclosure)

That being said, back in June my court date was set for Nov. 30/2010 when I re opened the case after they did not properly file the paperwork. I also filed for disclosure and received a manual for a "speed Laser" and a short half page of notes listing the test (2 of them) location, weather/wind and a 4 door honda. (He has champagne written down, my accord's ownership says silver. It has not been painted it is just a colour that is a mix of silver and gold so it's hard to tell, does this fact matter at all since his notes just day champagne 4 door honda)

I spoke with two paralegals and they both said to just fight it myself, and the likleyhood is it gets dropped to no points and a fine (which I don't want for insurance reasons) or the cop doesnt show and I'm in luck, obviously it is clear which option I would prefer but does anyone have any quick last minute tips in this situation, or is it wise to just hope for the best and go in knowing what I do?

As always, thanks again for the help and support!