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Fail To Stop, Guilty But Don't Want To Lose Points
Posted: Mon Aug 16, 2010 4:10 pm
by kelly
Didn't come to a full stop at a stop sign, slowly rolled through it at 4:30 in the morning. I'm guilty and willing to pay the $110 fine but I don't want to lose points. I was going to take option 2, seeing a Justice Of The Peace but I read that they can't reduce the demerit points. How do I go about reducing the points to zero?
Re: Fail To Stop, Guilty But Don't Want To Lose Points
Posted: Tue Aug 17, 2010 3:24 am
by Simon Borys
kelly wrote:I was going to take option 2, seeing a Justice Of The Peace but I read that they can't reduce the demerit points. How do I go about reducing the points to zero?
You don't. The points are administratively assigned to your licence if you are convicted of the offence. No one has discretion over them.
Posted: Wed Aug 18, 2010 9:30 am
by The Trucker
That is not always the case Simon. I have been offered by the prosecutor to save the points when I plead guilty for disobey sign. Almost all plead guilty at that date. The JP refered to other Mather. I dont know how the prosecutor is doing it, may be he would charge me with braking a municipal By-law.
Posted: Wed Aug 18, 2010 11:55 am
by Simon Borys
If the crown decides to amend the charge to a different charge that carries less demerit points, you will be convicted of that charge and receive the points for that charge. However, the points are still automatically assigned for whatever charge you are convicted of. For example, you can not be convicted of careless and receive anything less than 6 points.
Posted: Wed Aug 18, 2010 12:29 pm
by ZeroConvictions
Simon is correct - Points are MTO... Once you're convicted, the conviction is entered and MTO assigns points.
And also, you don't LOSE points... Kind of like Golf, 0 (zero) is a good number.
But yes, do not chose option 2. Option 3... Not guilty and request a trial.
From there, the prosecutor may offer you a plea deal with less or no points. If no deal is made, then go to trial.. nothing to lose if he/she doesn't offer a deal. But everything really depend on the stars alignments... Prosecutor may feel 'nice' / or 'mean' that day, or cop may not show, or disclosure was incomplete etc...
Again, nothing to lose - even if you go to trial, you're still stuck with the original charge.