Will Speeding Fine Be Increased If Taken To Trial?
I wanted to get some insight on my situation. Here's the details:
- driving on a country road that leads to a beach, speed is 80 km/h but changes to 40 as you get closer to the beach (there is endangered wildlife in this area that have been hit by cars in the past)
- an OPP officer with a parked car steps out on the road in front of me and directs me to pull over
- he asks if I knew the speed was 40, and informs me I was caught doing 75
- he takes my license/insurance and asks if I have I have ever had any trouble with the police, and when my last speeding ticket was
- I reply clean criminal record, and my last ticket was in 2009
- he comes back and says that since I told the truth, he reduces the ticket to 15 over, 55 in a 40 zone, but reminds me that the full ticket for going 75 would have been $300 or so (community safety zone I believe)
- the whole thing was well coordinated and clearly part of a speed trap - I'm not from the area but a friend told me this is a well known "fishing hole" for police radar traps
My question is does it make sense to fight my ticket even though it's only for 15 over? I figure it's not really possible to have the fine reduced as part of a bargain from the prosecutor since I already have the lowest fine possible. My biggest fear would be going to trial and then having the fine bumped up to the full 35 km/h over the speed limit. What are your thoughts on this? Is it a reasonable concern?
Based on the info in website and other research I've done, my current plan is to request a trial and then request a disclosure. I could then try and find something in the disclosure that could get the charges dropped. If there's nothing to challenge I could always just plead guilty and pay before the court date.
The other thing would be hoping that it takes a long time to go to trial and then claiming unreasonable delay.
I just wanted to get your feedback on my plan to deal with this, and what you think the best way of going about it would be. I realize it's only 15 km/h over the limit and there's no demerit points, but I really don't need a speeding conviction on my driving record for insurance purposes.
One more thing: If you speak a language other than English, does it make sense to always request the interpreter, even if you understand English fine? I would think that if the interpreter doesn't show up, it's just like having the cop not show up, and the charges are dropped?
Thanks in advance for your help!