Fighting speeding tickets etc..
- Thread starter Taber
- Start date
first court appearance - help
I'm also going to court soon but since speed was too high have to go straight to court to plead guitly or not ... my logic is that if the crown lowers the speed so thats its under 50k over and thus not a major traffic violation i would plea guilty ... what do you guys think or should i simply say not guilty and take my chances at a trial?
I'm also going to court soon but since speed was too high have to go straight to court to plead guitly or not ... my logic is that if the crown lowers the speed so thats its under 50k over and thus not a major traffic violation i would plea guilty ... what do you guys think or should i simply say not guilty and take my chances at a trial?
i think i'll stick with my original plan to go and try to plead it down. i was only 20km over so i should have no problem pleading guilty to 15km over. if the cop doesn't show its a bonus but it was a radar trap so i'm sure he'll be there.
Speeding Ticket
A great defence is unreasonable delay by the crown to get the case to trial. S. 11 of the Charter of Rights and Freedoms. You must be tried within a reasonable time that is interpreted generally to mean within 10 months (depending on the Judge) of the offense date. If more then 12 months then you should win. The defence is technical in that Notice of Constitutional Questions must be served on the Provincial and Federal Crown office well before your trial date.
The defence has worked for me. On a docket of 25 cases one day all ticketed on the same date by the same ofificer I was the only one to ask for a trial. There were 24 quilty pleas and fines levied. I was successful and acquitted fully.
A great defence is unreasonable delay by the crown to get the case to trial. S. 11 of the Charter of Rights and Freedoms. You must be tried within a reasonable time that is interpreted generally to mean within 10 months (depending on the Judge) of the offense date. If more then 12 months then you should win. The defence is technical in that Notice of Constitutional Questions must be served on the Provincial and Federal Crown office well before your trial date.
The defence has worked for me. On a docket of 25 cases one day all ticketed on the same date by the same ofificer I was the only one to ask for a trial. There were 24 quilty pleas and fines levied. I was successful and acquitted fully.
I read and, if you will forgive me, I cannot help but smile.
I will say only this: "A little knowledge is a dangerous thing."
I wonder how many of you would go to your barber to get your teeth fixed if it saves you some money!?
BTW, that is peremptory... don't make the JP or judge laugh, too!
Perry
I will say only this: "A little knowledge is a dangerous thing."
I wonder how many of you would go to your barber to get your teeth fixed if it saves you some money!?
BTW, that is peremptory... don't make the JP or judge laugh, too!
Perry
insurance
I actually called my insurance company to get an idea of what this ticket is going to cost me. If i the ticket remains >50km over limit then it is a major driving offence and my status goes from 6 star to 5 star which is extra $300/yr and the major traffic offence >50km is a 15% surchage which means another $300/yr (total $600/yr for 6yrs i believe) and if i get another ticket ouch. However, if i can get the court to drop the speed to below 49KM over or less than insurance will ignore first ticket and my insurance wont go up. X Coppers wanted $500 to handle my case since 2 court appearances ... i'm going to try pleaing with the crown myself and if they dont lower it then will plea not guilty and go to trial.
I actually called my insurance company to get an idea of what this ticket is going to cost me. If i the ticket remains >50km over limit then it is a major driving offence and my status goes from 6 star to 5 star which is extra $300/yr and the major traffic offence >50km is a 15% surchage which means another $300/yr (total $600/yr for 6yrs i believe) and if i get another ticket ouch. However, if i can get the court to drop the speed to below 49KM over or less than insurance will ignore first ticket and my insurance wont go up. X Coppers wanted $500 to handle my case since 2 court appearances ... i'm going to try pleaing with the crown myself and if they dont lower it then will plea not guilty and go to trial.
T-Bill
The defense of unreasonable time passing between offence date and trial (i.e at least ten months) is an absolute defence to all charges based on the Highway Traffic Act or Municipal By-Laws. It even applies to most criminal offences. You can meet the crown before if you can find out who their lawyer is but you MUST give both Federal and Provincial crown offices prior notice that you intend to rely on the Charter of Rights. Re-read my original post.
The defense of unreasonable time passing between offence date and trial (i.e at least ten months) is an absolute defence to all charges based on the Highway Traffic Act or Municipal By-Laws. It even applies to most criminal offences. You can meet the crown before if you can find out who their lawyer is but you MUST give both Federal and Provincial crown offices prior notice that you intend to rely on the Charter of Rights. Re-read my original post.
update
was in night court tonight to fight my speeding ticket and the cop didn't show!!! had to celebrate with a massage.
i'm on quite the roll; sat 4:30am@alphacare, monday 2pm 1hr with kerri, tue 11:30pm@alphacare, wed 8pm at that place that re-opend recently behind the timmy's near keele and finch.
was in night court tonight to fight my speeding ticket and the cop didn't show!!! had to celebrate with a massage.
i'm on quite the roll; sat 4:30am@alphacare, monday 2pm 1hr with kerri, tue 11:30pm@alphacare, wed 8pm at that place that re-opend recently behind the timmy's near keele and finch.
Beat it!!
How's this for the perils of hobbying.
5 years ago while cruising the "stroll" in Edmonton I got nailed for "Wrong way on a one way street". Wanting to delay the case till after my next Insurance renewal, I went to a "Points" agency - they got it delayed.
When the court date finally came - the Points guy went to the Public Prosecutor and asked him to reduce the ticket by 1 level and I would plead guilty. The PP refused and we went into trial. Damned if the Points BEATS the charge all together. Wrongfully charged - shoulda been "Failure to obey Traffic signs". turns out there was no "One Way" sign at my end of street - just a "Do Not Enter" sign!!!
LOL
Best couple hundred I ever spent for just the LOOK on the PP's face
cheers eh!
How's this for the perils of hobbying.
5 years ago while cruising the "stroll" in Edmonton I got nailed for "Wrong way on a one way street". Wanting to delay the case till after my next Insurance renewal, I went to a "Points" agency - they got it delayed.
When the court date finally came - the Points guy went to the Public Prosecutor and asked him to reduce the ticket by 1 level and I would plead guilty. The PP refused and we went into trial. Damned if the Points BEATS the charge all together. Wrongfully charged - shoulda been "Failure to obey Traffic signs". turns out there was no "One Way" sign at my end of street - just a "Do Not Enter" sign!!!
LOL
Best couple hundred I ever spent for just the LOOK on the PP's face
cheers eh!
And your insurance company will hold it against you (read: higher premiums) for at least six years!TravellingGuy[/i] [b]Points stay on your record for 2 years.[/b][/quote][QUOTE][i]Originally posted by Sheik said:
