OHTA.ca

Hello All,

Today I was driving in a 60 zone that suddenly dropped down to a 40. I did not realize and was keeping up with traffic in the area. I was pulled over by a police officer who was radar'ing from a hidden location off the side of the road.

He informed me that I was driving 72 in a 40 zone. After giving me a ticket, he explained he would bump it down to 69 in a 40 zone in order to reduce to 3 points. He also informed me that IF I tried to fight the ticket, he would put the fine back to the full amount. Some people on this forum have commented that there is some type of sign on their ticket that it has been reduced? I don't see that on my ticket, if that is a thing? He also said that, since I was a nice guy, if I went to court, they would likely make me a better deal. I was off on my way.

I am a full G driver and have not been convicted of an offense in a very long time. I am wondering what my best option would be. I have fought tickets before trying to obtain disclosure and not receiving it to obtain a stay. However, this would be the first speeding ticket, which I know are harder to "beat".

Option 1 - Pay the 138.75 dollars and take the hit on insurance. I don't expect to get any tickets any time soon and I know points mean little for insurance anyways.

Option 2 - Meet with a prosecutor to ask for a lesser charge to save me the demerits. I know it is difficult to get off speeding tickets by going to trial but at least I can reduce my demerits in the event that I ever get another ticket?

Option 3 - I have always, at least tried to, challenge the ticket. I would ask for a trial (whenever this covid closure is over), ask for disclosure and see if there are any delays or procedural issues that could possibly get me off due to the covid chaos. Its worth a shot?

If I am not mistaken, there is little down-side to this option because if they do everything RIGHT and have not given me any issues to get off with, I can meet with the prosecutors on the day of the trial and accept whatever reduction/deal they offer me to avoid trial? But, at least this method gives me the CHANCE to get off vs. any other method before trial?

Thanks everyone.

It really IS up to you on how much time you want to invest in this thing. Prosecutors are NOT going to reduce your ticket any further. You already received a reduction to lower your fine and points and they will just tell you that they will be AMENDING UP back to the original speed if you go to trial. You can opt for Option 2 to hear the prosecutor tell you the same thing or you can just set it down for trial and hope the officer doesn't show up. It is extremely rare for them to drop a 32 km over ticket down to a 15km over (in order to avoid you getting demerits but still a conviction), especially given the break the officer already gave you. It is simply too much of a drop and so they will just tell you to go to trial. So, its up to you on whether you wish to invest time in to this and drag it on until the very last minute before you pay it.

Thank you for your response and help.

I assume there is less chance I can ask for a trial, ask for disclosure (hope there are some procedural issues) but if there isnt, pay the current (amended lower) ticket/fine, etc at my trial date? Or is it more likely that the minute I show up for a trial, they will likely amend the ticket up immediately and have no option for this amount? I assume this happens often as a punishment for trying to fight it? I don't mind spending a bit of time to see if I can the ticket thrown out first before paying, as long as I can pay the current (lower) amount.

Can I simply ask for trial, Ask for disclosure, review disclosure and plead guilty for the current charge (either online or in court before the trial?)

You certainly can ask to go to trial, request disclosure and attend your trial date to see if the officer shows up. To be safe that the price doesn't go up, just be ready to pay your ticket that day at the cashier counter BEFORE they call your trial matter up. Its cheaper to pay at the counter since its the fine on the ticket that applies (i.e. set fine), but once you plea in court, the statutory fine applies (the rates are a bit higher). Plus, in your case, there's always the risk that the amended speed is accepted by the court after you plea guilty.

Thank you so much for your help and advice. I think I will do that.