OHTA.ca

Hello, for last few days i was soo stressed but thanks God i found this forum. I hope all my queries will be answered:

Ok so i am a G2 driver, and just got a speeding ticket this sunday on Mississauga Road. I was driving 94 civic.

Scenario:

It was sunday and 2 police officers were doing this routine speeding test. One officer was standing with a Speed Gun , i was going down a bridge and the guy with speed gun waived his hand to stop.

I pulled over, In just 5-10 seconds the cop who was sitting in a car came to me and told me that i am driving 74 in 50 Km zone. I said its old car so i had to accelerate it to cross the up hill and there were 2 bikers as well which i wanted to pass.

So he asked "you mean your car is not safe to drive if it can't accelerate properly ? " then blah blah blah.. took my license, insurance and ownership..

After 5-10 mins, he came and told me that he reduced the fine to 52.50$ , no 0 Demerit points and the speed to 65KM from 74km since its my first offence. He then told me to take care in future.

Now. I know this $52.50 is not a big issue but if i plead guilty... my insurance will jump for sure...

I am thinking to go to trial and i am also sure that cop will put the original charges Back on to me

Now lets suppose if i select Trial Option.

0- My goal is to change the charges to something like parking, etc etc...even i have to pay charges equivalent to 74km... thats around 200$ i guess...So what i am planning is to pay fine equivalent to 74km fine but under different charges. do you think thats possible in first meeting ?

1- Is it mandatory to arrange FIRST MEETING ? or its totally upto me or on cop to meet in person ? how long usually it takes to have the first meeting ?

2- When will the cop put the original charges ? can he do it anytime before trial or he can only do once trial starts ? Or will he put charges rite during the first meeting ?

3- will i need to fight the new charge or i can simply plea guilty to the lesser charge ? will there be any escape out of the bigger charges because i am 100% sure he will put original charges?

4- How soon this first meeting will happen , as i am leaving for holidays in 2 months from now ? I am only worried about first meeting because for trial i know it will be sometimes next year.

Being new in this country and have so much other kind of pressures...I am soo stressed....

Rite now these are only questions coming in my mind - Your expert advice and opinion really means a lot to me !!

Thank you guys for your help !!

Regards,

Superman

1) It wont be changed to a parking infraction since that has nothing to do with speeding. While sometimes HTA matters are plead out to bylaw infractions, it would have to be something related. For instance, many prohibited turns in Toronto are plead out to a bylaw charge relating to prohibited turns or disobeying a sign. The fact that your speeding charge has already been reduced however makes it unlikely the Crown will offer any further reduction/deal.

2) No, you can simply go straight to trial, but youre even less likely to be offered a deal once theyve gone to the trouble of setting a Court date and having the officer attend. And just FYI, first attendance meetings take place with the Crown prosecutor, not the officer.

3) Its pretty much guaranteed the speed will be raised back to the full amount, but that takes place at trial, not before.

4) You can still plead guilty to the original offence prior to starting the trial. Once the trial starts it will no longer be an option.

5) Depends on the jurisdiction. You may have some input as to what date works for you.

Just a few other quick points. Speeding is an absolute liability offence, so the fact that you were passing bikers isnt relevant if you were planning on using that as a defence. You cant justify speeding in Court. Second, are you sure your insurance rates will go up? Minor speeding tickets are usually considered a minor conviction, some providers will overlook your first minor offence.

@Stanton, Thank you very very much !! I am only afraid because i was driving my uncle's car and i am on his insurance rite now so he will get effected badly.

So my plan is :

My G test will be in March 2012 so my plan is to challenge the trial for now, wait for G and then get the insurance and just 30 days before court trial i will withdraw the case and plea guilty. Do you think this plan makes sense ?

Also, few last things i like to know that about my first meeting

1- Can i ask the clerk to give me the date of first meeting in Feb 2012 since i am leaving in DEC 2011?

2- I read somewhere that in first meeting the crown prosecutor will try to scare me so i plea guilty rite there. Is that true ? can you shortly tell me the whats the WORST thing that can happen in the first meeting ?

3- I am sure the cop will be angry too much , can he come to my house with the changed ticket and hand over to me rite after the day i challenge the ticket and he come to know that i have challenged it ?

I will really appreciate your guidance. Thank you very much once again !!

anyone plz for my last set of questions ?