OHTA.ca

hey guys,

last year in october i got charged with driving 129 kph in an 80 zone, i was actually doing 130. the officer lowered the speed by 1kph to avoid impounding my car and suspending my license. i went to court in may, first appearance and got an adjournment because i did not receive disclosure until the day of, despite requesting it several times. 2nd court date is end of september. any advice? received ticket on taunton in pickering. court is durham region. i received the disclosure, it is a typed disclosure stating my speed, the device used, that it was calibrated and the vehicle i was driving. i also received the officers certificate of offence and some pages of the device manual. i know that if i go to trial and lose they can up back to 50 over. any help is greatly appreciated.

djohn780 wrote:hey guys,

last year in october i got charged with driving 129 kph in an 80 zone, i was actually doing 130.

I don't know know if you'd really want to take this all the way to trial, if that's what you're planning.

If you just pay your ticket, you:

* pay $294 + $65= $359 total; and

* receive 4 demerits

If you fight the ticket and they amend it back up to 50 and you're found or plead guilty, you:

*pay $487.50 + 115= $602.50 total;

*receive 6 points; and

* are eligible for a driving suspension directly from the court.

You already received a big break from the officer giving you the roadside reduction and sparing you the cost of impound, towing and 'stunt driving' charges. Don't expect any prosecutor to give you a better deal than what you already have. They definitely will NOT lower it any more. You can try to fight it, but the likelihood of being acquitted on a speeding charge with that rate of speed is actually quite slim----you'd have to hope for the officer not showing up or too much time delay resulting in a stay (i.e. 11b).

If you decide to wait until your trial, your fine rate will also change because the moment your matter is called in to court, the 'set fine' rate no longer applies, but rather the 'statutory' rate applies. In that case, if you plead guilty at trial, you'd pay:

* $343 + $80 = $423

---in other words, an extra $64 than if you had just paid your fine before your trial.

You should therefore factor all of that in deciding what strategy you wish to employ.