[help] First Ticket- 130km/h On Highway 401- Confusion!!
Hello! I was ticketed at 10PM for going 30km over the 100km/h limit on Highway 401 on Tuesday, April 30th. I am being fined $220 for the ticket, and I am coming here to see what I should do about it. I have never been ticketed for any driving violation before, and do not have any legal training or experience in my life. (I'm an 18 y.o. uni student). I don't want to pay the fine because I don't really have the means to do so (no direct income to my name), and I don't want the possible 4 demerit points on my record or the possible increase in my insurance premium.
I SHOULD MENTION BEFORE CONTINUING- Honestly, I WAS going faster than 100km/h (the speed limit) when I got booked (about 130). A part of me is saying that I should just pay up the fine and live with the consequences (I now play a game of sticking EXACTLY to the speed limit when I drive- hilarious when I go 30km/h on the on-ramps with traffic behind me). However, there are some points to my case that make me question if I should try to fight this case. As well, personally, I don't believe a first-time offender should be charged as much as a non-first time offender.
-As well, I really appreciate the responses and support!
Summary of Events
I was on the left lane of the 401, going about 130km/h. I was ahead by a little from the pack of cars that were in the area. I think I saw one patrol car before (I think it was the one that marks the cars for the cop that books you), and it didn't occur to me that it could've been a cop. Then I passed under a bridge, and saw headlights flash on to my right, and pull out behind me. I slowed down as fast as possible, but by then, his lights were on. He signaled me to the right bank (I thought he would just stop me on the left lane), and I complied. I didn't turn off my engine, but rolled my window down all the way. I didn't expect the cop to go to the passenger side window (also, my friend was in the car). So he did, and I rolled down the window on the passenger side. His first sentence to me was: "Easier to talk with the window down".
Here's where it gets a bit tricky. He asks me: "Do you know how fast you were going?" And out of panic (never got pulled over before), I splurted: "Uhh, maybe 130?" but I never explicitly stated that I knew how fast I was going, just my guess. (does this mean I'm doomed? ) He said he clocked me at 137km, but did not show me the radar. He got my license/registration/insurance, went back to his car, and then came back with the ticket. He said: "I can't let you go with a warning, but I did take $60 off the ticket already". I asked "Sir, can I disagree with you on this?" and he said "Absolutely", and I asked why it was so expensive, to which he responded with only: "Well, it could be higher." I left the scene really mad at his attitude. I don't believe my actions warrant a fine that large. (Conditions were nice, it was nighttime, but dry, no wind, etc.) Do I have a case?? A point here is that he said that because my car had previous tickets on it (from my mom and dad), the fines for me, when I drive the car, is also increased. Is this true?
My Defense
- The only thing I can think of is banking on lack of evidence (no calibration report, etc) to get the case thrown out.
- If the cop doesn't have proof that he calibrated the gun before/(After?) the ticket, can I say that my own opinion on how fast I was going can be disregarded as well? (e.g. make the case that I was just guessing how fast I was going, since neither of us have proof of how fast I was actually going)
- I know you might be thinking "This kid just wants to get out of his ticket" yes and no. I do believe I should be punished somehow, but I also disagree with the context that I was ticketed, and believe that someone speeding 30k over in a highly packed area should not be ticketed the same as a driver who went a bit faster than the limit on a clear, no traffic highway lane.
Notes
-My car was packed to the brim with my dorm room things, as I was travelling from London to Toronto, but I did have my two side mirrors fully functioning (was using these to switch lanes)
-I had a passenger in the car that can remember what the cop said too
-It's my dad's car, and my insurance is tied to my parents' insurance as well.
-The cars in the pack were all going at least 120, as there wasn't really traffic (but no proof of that)
Questions
-Since the cop said he took $60 off my ticket, it originally would've been $280. I looked at the fines for going 30 over the limit, and it is only $220. Can I use this discrepancy/confusion to my advantage somehow? Or was the cop right in saying that the previous tickets on the car has an effect on my fine?
-How likely is it that the cop will not show up to court? As well, how likely is that the cop did not calibrate the radar gun/will not bring the calibration papers to court? If he doesn't bring the calibration papers, is he allowed to adjourn/recess to get them?
-How much will my insurance increase because of this one ticket?
Any help/advice/insight would be VERY appreciated. Thank you!