OHTA.ca

Hi there

Looking for opinions of the following situation

I was driving on hwy 15 north of Kingston on the way into the city (inside city boundary I believe) and my speed had crept up to 119. A Kingston municipal cop driving north passed me as we were both cresting a low hill, we didn't see each other until right before we passed. He hit the lights and did a u turn so I pulled over right away. He told me what the reading was (119 in an 80), I didn't see the radar but I know its probably right. I didn't say anything, just a slight nod. He asked why I was speeding and I told him "I'm late for work" (which was true (irrelevant I know)...hence the speed, I knew I was pushing it.)

Long story short he gave me a ticket for 100 in an 80. I said thank you and that was it...pretty cordial all in all. I have an appointment for a consult with points coming up to get their opinion, but its their business to take clients so Id like to hear what people here have to say. My biggest concern is the 3 points more than the fine. My job requires that I have less than 6 points at all times or I lose my career for a minimum of 2 years, so getting half way there is something I feel I need to fight. Does fighting this ticket (a win being no points) have any hope of success? Also, what is the chance that they bump it back to 119 (4 points)? That would be waaay worse and Id rather take 3 than risk it.

F class full license, 10 years driving, 1 previous ticket a year ago 115 in 100 on the 416 which I simply paid, and 1 at fault accident a year ago where I slid off the road in a storm (no charges). No points, no suspensions.

Kind of a more random, not legal related question (if anyone else has been in this situation)....Are cops used to people fighting reduced tickets? Or is this guy going to think I'm a big tool (I deal with the Kingston cops at work a fair bit and will probably run into this guy in a professional setting). He did me a favor during the stop by reducing it and I feel like I'm spitting in his face.

MCK87 wrote:I have an appointment for a consult with points coming up to get their opinion, but its their business to take clients so Id like to hear what people here have to say.

Points generally will not make any attempts at fighting your ticket. They will attend court try for a reduced charge. You can accomplish the same thing yourself by showing up for court yourself. That being said, your charge has already been cut in half. I don't think they'll be willing to go any lower, but who knows. Either they'll offer you something or you can just plead guilty to whatever is on your ticket.

MCK87 wrote:My biggest concern is the 3 points more than the fine. My job requires that I have less than 6 points at all times or I lose my career for a minimum of 2 years, so getting half way there is something I feel I need to fight.

Points last 2 years and start from the day you were CHARGED (when you received the ticket). They will NOT show up on your abstract until you are CONVICTED (you're found guilty). If you want to keep your abstract as clean as possible, request a trial. Even if you plan on pleading guilty, the points will stay off until your trial date.

MCK87 wrote: Also, what is the chance that they bump it back to 119 (4 points)? That would be waaay worse and Id rather take 3 than risk it.

If you go to trial, they'll either offer you something better or they'll tell you they can't do any better than what you got. If you're not satisfied with any of those answers and want to continue to a trial, the prosecutor will ask that the charge be amended to its original speed.

MCK87 wrote: Kind of a more random, not legal related question (if anyone else has been in this situation)....Are cops used to people fighting reduced tickets? Or is this guy going to think I'm a big tool

It's routine. They aren't going to care. Unless you do something wacky to make him remember you, it's part of the job.

Thanks for the reply

bend wrote:Points generally will not make any attempts at fighting your ticket. They will attend court try for a reduced charge.

Isn't attending court and trying for a reduced charge fighting it? I don't need it thrown out but dropped to 15 over. Would they not be of help?

bend wrote:You can accomplish the same thing yourself by showing up for court yourself.

Won't showing up for court by myself be less effective given that I am by no means knowledgeable on the whole process?

MCK87 wrote:Isn't attending court and trying for a reduced charge fighting it? I don't need it thrown out but dropped to 15 over. Would they not be of help?

Depending where the court is, there can be around 30 people with the same trial time and court room as you. They will all line up and the prosecutor will look up the charge one by one and see what they can offer you. They do this hundreds of times every day. Getting a plea deal is like lining up at a soup kitchen. A lot of "ticket fighters" will charge you $300 to do this for you.

MCK87 wrote:Won't showing up for court by myself be less effective given that I am by no means knowledgeable on the whole process?

Sure, if you're looking for more than a reduction or the charges are more severe. You're in a good position to tackle this by yourself.