OHTA.ca

Hi Everyone,

I have a couple questions on how I should proceed with my first driving ticket, please bare with the story below as I will try to provide as much information as I can remember on that day.

I was pulled over at 4:10pm according to the ticket after disobeying a sign (no left turn from 7-9am \ 4-6pm) @ the intersection of Main Street and Queen St S. After the officer pulled me over and told me what I had done, I apologized to the officer and stated that I saw the no left hand turn sign but could not visibly see the restricted time from my view as I was trying to focus on the road as well. The officer asked if I normally came around this part of Mississauga, and I told the officer that I rarely ever go to this part of area, and as well asked if I had any driving tickets which I stated no.

After the officer did the necessary check up (driver license\insurance), the officer stated that he did not want to give me the ticket but had to. He told me the best way to go about it is to Pick Option 2 on the back of the ticket and ask the Justice for leniency and that when he got information back regarding this ticket he would write it off?

I realize I am at fault and should expect to pay a fine, but I am more worried about the 2 demerit points and if my insurance will go up or not (I am 28)

Now what has me questioning things at the moment and the reason I came here to ask for advice is, If I were to go with what the officer said and picked option 2, would I be correct in saying that I would be pleading guilty and may have a reduced payment but the Justice would not be able to take off the demerit points and my insurance would still go up regardless? If that were the case then I don't understand why the officer would mention that he would write the ticket off once he got word of it? as I would be guilty regardless and writing the ticket off would not help anything? Or does this mean I should pick option 3 and opt to go to trial?

Now with either option do I mention anything about what the officer told me? Sorry for all the questions this is my first time having to deal with this

Thank you in advanced for everyone who answers my questions.

Picture of the Intersection - http://maps.google.ca/maps/ms?msid=2151 ... 7612016980

Not sure what the officer meant, because he cant "write off" a ticket once it has been issued. Youre correct in that with option 2, you can only get a reduced fine. The conviction and demerit points would still go on your record. Many insurance companies will overlook your first conviction, but it varies from one company to the next. Not sure, but Mississauga likely has bylaws that you could plead down to. Assuming the bylaw doesnt carry demerit points, it wouldnt appear on your record. Youd have to select option 3 for that and try to work out a deal with the Crown. Again, thats assuming theres an applicable bylaw you can plead to.

someguy123 wrote:He told me the best way to go about it is to Pick Option 2 on the back of the ticket and ask the Justice for leniency and that when he got information back regarding this ticket he would write it off?

Well... that's not right. I'm sure the officer said that, but it's not right. If you pick option 2 (plead guilty with an explanation), what happens is, they record a conviction against you on the original charge... so yes, you are right about that. This means that Disobey Sign would appear on your driver abstract. You'd probably get a reduced fine, however the demerit points are something that the court has absolutely no control over. When you get convicted of, or plead guilty to, a Highway Traffic Act infraction, MTO will apply demerit points automatically. To avoid the points, you have to either be acquitted, or plead guilty to a charge that does not have demerit points. Likewise, insurance may increase. There is a possibility that you could plead it down to a by-law infraction or some non-HTA infraction without demerit points. "Write it off?" That's not possible if you pick option 2. I suppose the officer could advocate for a lower fine, but, like I said, you'd still get the demerit points, etc. You need to pick option 3 if you want a different outcome. At this point, a decision to discontinue the proceedings is in the hands of the Prosecutor's office, not the officer.

Option 3 does not mean an automatic trial. You would have to go to court, but at the same time, this is how you could plea bargain, etc. The Prosecutors usually offer to "resolve" the issue before the trial begins. In most cases, people simply plea-bargain to a lesser offence.

Thanks for all the advice so far, I still need an answer to my other question. Do I make any mention to what the police officer said during our interaction or should I keep that out?

Thanks

I don't see any reason to bring it up. As stated above, the officer can't change anything at this point.