Explanation Of "i Intend To Challenge" Phrase Plea
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i quickly found out that the car that had moved into the middle lane before me was in fact an officer. He immediately pulled me over and gave me a ticket for going 132km/h.
Its not so much the fine that i am having a problem with, but the points. Its that I travel the 401 a lot and in the 10 years i have been driving it, i've never gotten a ticket. I always drive it at a reasonable speed, which is to say that I usually set my cruise for 115 but in this instance I was trying to get home to a sick child who in fact had an appendectomy the following day. I know, boohoo. But I kept my replies to simple YES/NO and did not try to hand the officer a sob story.
So, instead of sucking up the full penalty, i would like to try to get it lessened. I know I would choose option 3 in this instance, but what about the "i intend to challenge the evidence" phrase. What do i do here? I do not intend to challenge any radar evidence and i didn't ask to see the reading. I want to try and get the demerit points lessened because i have a good driving record and i'd like to keep it that way.
And the turkey blockin' the left lane gets positive reinforcement for his pathetic lane etiquette. Fantino has this Province SOOOO screwed up!
Call the Prosecutor at the court shown on the back of the ticket. Tell him your story and ask if, in order to avoid a trial, he would consider a plea bargain to a lesser charge (maybe "disobey sign" = 2 points).
Here's an article that describes the process:
http://www.cbc.ca/consumers/market/files/cars/tickets/If i show up at the given trial date early, don't get that opportunity to speak to the prosecutor then?
I have no idea how to answer the "intend to challenge" checkbox if i indeed check option 3.
- Reflections
- High Authority
- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
- Location: somewhere in traffic
sblaney wrote:If i show up at the given trial date early, don't get that opportunity to speak to the prosecutor then?
I have no idea how to answer the "intend to challenge" checkbox if i indeed check option 3.
Check option 3 and talk to the prosocuter before the trial. If they agree to what you're asking they will do all the talking. Is your record clean?
- ticketcombat
- Sr. Member
- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
- Location: Toronto
- Contact:
Just be careful. Remember your insurance company is looking at the number of convictions you have. They will probably let the first one slide, but now you don't have any elbow room next time.
Always choose option 3, even if you're not going to fight the ticket. It gives you a little more bargaining power with the prosecutor.
A solid disclosure request (there's one on my site, just put your name on it) also gives you more bargaining power. It shows you are serious about fighting the charge but are willing to compromise by pleading to a lesser charge. They will likely be more willing to compromise too.
If you can get the speed reduced to 15km/h or below, there won't be any points.
I got a ticket 3+ years ago in another province. No tickets in ontario ever.
I do intend to get there early to speak to the prosecutor, but do I check the INTEND TO CHALLENGE? or not?
- ticketcombat
- Sr. Member
- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
- Location: Toronto
- Contact:
Ontario has reciprocal agreements with other provinces. You get a ticket there, it comes on your record here. If that ticket is still on your record, this would have implications. MTO keeps the conviction on your record for 3 years, demerit pts for 2 years. Insurance companies keep records up to 6 years.
Always check the intend to challenge box regardless of whether you plead guilty or not.
- Reflections
- High Authority
- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
- Location: somewhere in traffic
sblaney wrote:I got a ticket 3+ years ago in another province. No tickets in ontario ever.
I do intend to get there early to speak to the prosecutor, but do I check the INTEND TO CHALLENGE? or not?
You have to tick the 'Intend to Challenge", so that they can schedule you in court. 3+ years is for insurance only, that ticket can be seen by officers for ever......deep voice........EVER.
-
- Similar Topics
-
-
New post Is officer required to be present if I intend to plead guilt
by yyzyyz in General TalkLast post by Radar Identified Tue Jan 11, 2011 12:37 pm
-
-
-
New post Careless Driving. Suspension. Demerit Points Explanation
by as7266 in Careless DrivingLast post by as7266 Thu Feb 11, 2016 3:42 pm
-
-
-
New post constitutional challenge
by Draiter in General TalkLast post by ynotp Tue Jan 28, 2014 7:52 pm
-
-
-
New post Constitutional challenge to s. 68.1(1) - speed limiters
Last post by Simon Borys Thu May 09, 2013 10:33 pm
-
-
-
New post Explanation of "Motor Vehicle involved" on ticket
by ignite in General TalkLast post by Slyk Sun Aug 15, 2010 8:00 pm
-
-
-
New post Stopped for truck inspection, charter challenge 10 (b)?
by Heynow999 in General TalkLast post by jsherk Wed Jul 27, 2016 9:16 pm
-
-
-
New post No Front Licence Plate - Constitutional Challenge
Last post by whaddyaknow Thu Mar 07, 2019 5:24 pm
-
-
-
New post Breathing new life into "guilty with explanation"?
by watcher in General TalkLast post by Simon Borys Thu Jun 09, 2011 2:39 pm
-
Who is online
Users browsing this forum: No registered users and 34 guests