OHTA.ca

Keep reading that the prosecutor has the option to amend the ticket in cases of speeding back to the original charge if it had been reduced originally. Has any one actually had this occur or is it a scare tactic of the prosecutors?

Most cases that I have sat through in traffic court in both Toronto and Peel, charges are agreed to be reduced to spare a trial, but I have never seen the prosecutor actually ask for motion to amend the charge, but have heard them propose (threaten) to amend it when the party states they want a trail, but will agree to reduce the charge if they want to plead guilty to a lessor charge without trial. I know they have the right to ask for motion to amend, but does it really happen?

It might depend somewhat on the region and/or actual prosecutor, but in my experience they always bump it back up.

In what jurisdiction are you in??

In many jurisdictions they will amend it back up if you've forced the matter to a trial. Why wouldn't they?

I just have not seen it happen, but hear it threatened all the time if you don't agree to a lesser charge and spare the trial. Every person I hear this told too decides it's not worth the probabilities so they plead to the lesser charge. Prosecutors are at this every day and not intimidated, so they perceive they are providing a break if you succumb. Seen a number of cases a few weeks ago where the officer was NOT in attendance, yet the prosecuter offered all parties a lesser charge for a guilty plea, without divulging the officere was not there. After at least 20 people plead to the lesser offence, about 3 of us who requested a trial ( mine because it was 12 months since the charge was laid and this was my first date for trial, and despte 2 requests for disclosure, none was received) we were called up to be advised the cases were being dismissed as the prosecution had "no evidence to produce", meaning the officer was not in attendance. The other folks all could have had their cases dismissed but were intimidated to pleading guilty.