OHTA.ca

Hello All,

My question is to all the experts out there, including police officers or court prosecuter who visit this site.

Lats month on May 2 4 weekend, I was traveling to Timmins, Ontario to a work collegue's cottage. It was 3 am, just

before reaching the cottage, I got pulled over by a cop for speeding on Highway 11, near Kirkland Lakes , I had just switched

to take over the car because a buddy of mine was sleepy. The cop pulled me over a 90km/hr zone and told me I was doing 30 Km over.

I said no way, I wasn't driving 30 over, she came with a ticket that says 20 km over on a 70 zone. We went back to look for a 70 km zone

and found that it was a small town 3 km back where we switched the driver seats. She did not sign the ticket either, so I remined her that

she didn't sign (my mistake), she took the ticket from me and signed and wrote "R 100" under the code. I got a copy of her ticket and the

signature looks completely different. Anyways, I sent a ticket for Trial. I am from Toronto and can not go up north 8 hours and the trial is setup

for Decemeber. I just recieved a letter from the prosecutor, saying that he will be requesting to ammend the speed to the orginal speed km/hr pursuent to section 34 of the act. He also lists some case like R.B Becker, R.V Antunes and R.V Wanammaker as authority to ammend.

The prosecutor called me a day earlier before the trial, and told me that once he get all the paper work he will discuss with me and now I get this ammendment letter.

My question to you all is, if I do not show up on Trial, will they still ammend the ticket on my absense? Or will I be convicted as the charge 20km/hr over the speed limit which is on the ticket?

Please let me know.

Thank you to all of you moderators for answering.

Duke

I could be wrong but I believe that if you don't show up they can only convict you of what is on the ticket although they will add a $5 court fee. That having been said if you are thinking of not showing up I would call the prosecutor and see if he is willing to plea bargain with you to a lower speed, the worst thing he can do is say no and you might get a good deal out of it.

If you don't show up there will not be a trial, which means there will be no opportunity to amend the certificate to the higher amount. If you don't show up there will be a conviction under s. 9.1 of the POA for what is on the ticket.