“New Case Law - Game Changer - Speeding”

The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...

If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.

How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!

Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.

The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.

Looks like a win, win for everyone but the ticket reps.

D

But isnt it the conviction that raises your insurance not the points, unless the points supsend your license.

FyreStorm wrote:The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...

If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.

How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!

Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.

The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.

Looks like a win, win for everyone but the ticket reps.

D

Blue elephants fly only on wedensdays like this thread,

Bad spelling?

Thanks for the info

Cheers

Viper1

Does anyone have the name of the case and what court it is out of?

It's a decision which originated in Sudbury but was upheld at the Ontario Court of Appeal, one of my co-workers laid the original charge and it's slim on details right now, our local prosecutor has asked us to hold off on laying charges this way until she gets the decision published and educates the JPs on it...I agree points aren't all the be all end all, but it's funny driver after river ask me "How many points is there with this?"

When you reduce and tell them no points, they are appreciative.

Has anything come of this?

Slyk wrote:Has anything come of this?

Not likely anything there.

It would make for good radio though.

Cheers

Viper1

FyreStorm wrote:The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...

If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.

How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!

Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.

The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.

Looks like a win, win for everyone but the ticket reps.

D