Page 1 of 1
New Case Law - Game Changer - Speeding
Posted: Wed Dec 15, 2010 10:13 pm
by FyreStorm
The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...
If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.
How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!
Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.
The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.
Looks like a win, win for everyone but the ticket reps.
D
Re: New Case Law - Game Changer - Speeding
Posted: Wed Dec 15, 2010 10:27 pm
by admin
But isnt it the conviction that raises your insurance not the points, unless the points supsend your license.
Re: New Case Law - Game Changer - Speeding
Posted: Wed Dec 15, 2010 10:41 pm
by viper1
FyreStorm wrote:The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...
If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.
How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!
Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.
The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.
Looks like a win, win for everyone but the ticket reps.
D
Blue elephants fly only on wedensdays like this thread,
Bad spelling?
Thanks for the info
Cheers
Viper1
Re: New Case Law - Game Changer - Speeding
Posted: Thu Dec 16, 2010 5:31 pm
by Simon Borys
Does anyone have the name of the case and what court it is out of?
Re: New Case Law - Game Changer - Speeding
Posted: Thu Dec 16, 2010 10:07 pm
by FyreStorm
It's a decision which originated in Sudbury but was upheld at the Ontario Court of Appeal, one of my co-workers laid the original charge and it's slim on details right now, our local prosecutor has asked us to hold off on laying charges this way until she gets the decision published and educates the JPs on it...I agree points aren't all the be all end all, but it's funny driver after river ask me "How many points is there with this?"
When you reduce and tell them no points, they are appreciative.
Re: New Case Law - Game Changer - Speeding
Posted: Tue Feb 15, 2011 11:54 am
by Slyk
Has anything come of this?
Re: New Case Law - Game Changer - Speeding
Posted: Wed Feb 16, 2011 10:25 pm
by viper1
Slyk wrote:Has anything come of this?
Not likely anything there.
It would make for good radio though.
Cheers
Viper1
Re: New Case Law - Game Changer - Speeding
Posted: Tue Feb 22, 2011 11:00 pm
by LAWguy
FyreStorm wrote:The paralegals will hate this, but the latest case law, which was reviewed in Ontario Court, to be published soon...
If a police officer issues a speeding ticket, put the proper fine but omits the actual speeds on the ticket, you can and will be convicted as the speed noted itself is not required to convict you of speeding. The infraction of speeding you are guilty of a 1 km/h over the limit, the quantum merely goes to penalty.
How does this benefit the motorist? No speeding amount on the ticket means the Ministry will not assign demerit points, you'd be crazy to fight it in court as the ticket can be amended according to the court at which point you'd get your points!!
Officer less likely to go to court, paralegals get less of your money, motorist gets the fine but not the demerits which is what they want most times anyway.
The case hasn't been published yet, the decision came down from Justice Mahaffy, but I can assure whatever counterpoints you have were considered as he took 3 weeks to rule on this rather unique approach to enforcement.
Looks like a win, win for everyone but the ticket reps.
D
Thanks for the info FyreStorm. This is BAD not just for paralegals and so on, but this just proves how the courts are run like a business then a place for justice. Surprise I know.
When you are accused in this country there should be a greater respect on the rule of law. If you violate the Law then that should be the focal point, to set proper precedent and properly demonstrate to the public why this person is being charged etc..
The dollar amount has become more important than the actual offence.
Perhaps this "Justice Mahaffy" thought it would be a smart way to unclog the courts a bit and make more money for the province, seeing how this will encourage the accused to "not fight" the charge. What this is also doing is basically offering the same deal the prosecutor might offer you if you fight it without having to actually attend court. No POINTS, more people will just pay, will unclog the courts a make more money for the province (business move) I guess morality is starting to cost to much now?
What is a little more disturbing to me is he has actually set a precedent that will PUNISH you if you decide to defend yourself. Nice mafia tactic.
I guess we finally see now why they chose the word "CHARGE" when accusing you of breaking the law. Just pay up and we wont hurt you more then we just did.
Supreme court, anybody?