traffic ticket

chic

New member
Jul 16, 2003
33
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Newmarket
I need some viewpoints on my situation...

I got a speeding ticket in the summer, 20 over in a 50 zone. My trial date is coming up. Should I try to delay it in the hopes the police officer won't show at the new date? If so, what would a valid excuse be?

I know there have been countless postings on X-Copper and the like, but has anyone used a paralegal to fight their charge? What were the results like?

What kind of chance would I stand if I went it alone?

Thanks in advance for your insights.
 
chic said:
I need some viewpoints on my situation...

I got a speeding ticket in the summer, 20 over in a 50 zone. My trial date is coming up. Should I try to delay it in the hopes the police officer won't show at the new date? If so, what would a valid excuse be?

I know there have been countless postings on X-Copper and the like, but has anyone used a paralegal to fight their charge? What were the results like?

What kind of chance would I stand if I went it alone?

Thanks in advance for your insights.
yo
yu got big balls to do a crime??

Well ya got caught. Pay the fine

BTW may Jesus bless you
 
If I had no other tickets in the last couple years, I would just pay the fine as it is only 3 points. My insurance company would only raise my rates if i had more than 6 points (2 minor offences)
 
Chic

Fight the case!

1. The days of "the cop may not show up" might be long gone. With so much back-log, a "Prosecutor" is used.

If the old method is used, you have one more factor working in your favor.

2. However, B4 the court starts the hearings, the court clerk will ask you if you wish to plead guilty to get a lessor sentence. You can still plead guilty then, to get a lighter sentence.

3. Even if you plead not gulity then, but do so in front of the judge after giving him your side of the story, you will still get a lessor sentence than admitting your guilt & paying your fine with the ticket from the outset.

4. A lot of "ticket fighters" do the same thing as above, but you have to pay $200+ for it.

The only down side is that you must remember the court date & show up.

So, spend the time (round trip to the court + sitting/waiting for your turn), save the money, then spend it on your favourite SP & you'll feel a lot better!

(God help those who help themselves.)
 
papasmerf said:
yo
yu got big balls to do a crime??

Well ya got caught. Pay the fine

BTW may Jesus bless you

I don't think driving 20km/hr over the speed limit is a "crime". It's a traffic violation. And it's completely arbitrary whether you get ticketed or not. For all the good cops do for us, they screw up their reputations and public image by giving out traffic tickets for minor violations. And no, I do not have a stack of traffic tickets of my own.

Still, it's probably a pretty small ticket, fine-wise. A hundred bucks or so? Not worth fighting it, when you balance the costs of your time in court. Pay it, flip a cop the bird sometime, get over it.
 
bayisle66 said:
I don't think driving 20km/hr over the speed limit is a "crime". It's a traffic violation. And it's completely arbitrary whether you get ticketed or not. For all the good cops do for us, they screw up their reputations and public image by giving out traffic tickets for minor violations. And no, I do not have a stack of traffic tickets of my own.

Still, it's probably a pretty small ticket, fine-wise. A hundred bucks or so? Not worth fighting it, when you balance the costs of your time in court. Pay it, flip a cop the bird sometime, get over it.

look laws are there to be enforced. If youu can not afford another ticket, don't speed. To blame the police for doing their job is stupid
 
papasmerf said:
yo
yu got big balls to do a crime??

Well ya got caught. Pay the fine

BTW may Jesus bless you

Somebody woke up on the wrong side of the bed today....

Well in any case, I always just pay it because I am guilty. Very rare do cops just write tickets for fun. In fact, in most of experiences they have always been very lenient with me. They always write me up for a lower speed then what I was actually caught for. Maybe it is my cute boyish eyes, or maybe when I flash my bum...oh sorry no that was an SP not the officer...my bad...:p
 
PHNINE said:
Somebody woke up on the wrong side of the bed today....

I always wake on the RIGHT:D
 
I don't think anybody is blaming the cop here, the cop was just doing their job, and so is the judge, the court clerk, and the rest of them. He is just showing up in court and vigorously defending his interests.

There is a problem with our system, which is that you almost never have to pay the fine issued. Instead, you get to pay a lesser fine by showing up and pleading guilty with an explanation. It almost always results in a reduction, and therefore, for anyone for whom the points or $$ you can save are worth more than the time, you should go fight it.

I think the system should be cleaned up so that cops issue tickets that judges feel inclined to enforce more often, so that only the people who really are "not guilty" have any incentive to go to court.

Given the system we do have, he should fight it, and doing so doesn't mean he has a problem with the cop, the judge, the clerk, or anybody else.
 
bayisle66 said:
I don't think driving 20km/hr over the speed limit is a "crime". It's a traffic violation. And it's completely arbitrary whether you get ticketed or not. For all the good cops do for us, they screw up their reputations and public image by giving out traffic tickets for minor violations. And no, I do not have a stack of traffic tickets of my own.

So basically what you're saying is that the cops screw up THEIR rep by doing their job? What planet are you from? :rolleyes:

As for arbitrary whether you get a ticket or not, we hire the police to enforce our laws and to use discretion. If they pull you over and you're a mouthy SOB then they will take a good long look at your record and nail you. If you've got a clean record then they may let you off or reduce the fine.

Do you really think doing 70 in a 50 is a minor offence? That is 50% over the limit. We're not talking about 5 K over here. Plus 50 kph are usually residential areas etc where there are lots of kids etc. They put those limits out there so you will have time to react should a kid run into the street.
 
bavarian said:
i always found that if they cant catch you they cant fine you, get a police scanner, only speed in areas you know well, take drives often and get to know all areas you may be driveing in, quick thinking and planning ahead reduce fines. If your a nervous driver for heavens sake get out of the fast lane and slow down !!!!
And no i've never had an accident or caused one, best time to sudbury from highway 7 in TO to Sudbury is 2hours 54minutes.


Ok, so my first question is: What's your hurry to GET to sudbury lol?

Anyhow, funny. You do all that to reduce fines, I don't do ANY of that and (touch wood) I haven't had any moving violations in 20 yrs......and yes, I do speed, though I limit it to about 20% over the limit....
 
paralegal ?

chic said:
I need some viewpoints on my situation...

I got a speeding ticket in the summer, 20 over in a 50 zone. My trial date is coming up. Should I try to delay it in the hopes the police officer won't show at the new date? If so, what would a valid excuse be?

I know there have been countless postings on X-Copper and the like, but has anyone used a paralegal to fight their charge? What were the results like?

What kind of chance would I stand if I went it alone?

Thanks in advance for your insights.

Yeah I used a paralegal. Got nailed doing 99 in a 60. It was gonna cost me 4 points and $300+ . Paralegal cost me $200 but he got me off (not that way you dirty bastards ) and my record is clean. That was my only speeding ticket in 20yrs.
 
tboy said:
As for arbitrary whether you get a ticket or not, we hire the police to enforce our laws and to use discretion. If they pull you over and you're a mouthy SOB then they will take a good long look at your record and nail you. If you've got a clean record then they may let you off or reduce the fine.

Do you really think doing 70 in a 50 is a minor offence? That is 50% over the limit. We're not talking about 5 K over here. Plus 50 kph are usually residential areas etc where there are lots of kids etc. They put those limits out there so you will have time to react should a kid run into the street.

I rarely see radar traps set up where they're needed - school zones, crosswalk areas with high accident histories, busy intersections - but rather, they are set up on stretches of straight road with no cross-streets or long hills where people will get lazy and drift over the speed limit. And where it's usually safe for them to drift over the speed limit. It is naive to not realize or believe that the police use radar traps to earn money for the city, and that they aren't pressured to up their ticketing rates to meet quotas. They set up where they know people will speed a bit, because it's relatively safe to in that particular spot, even if the accident history is low.

And that is where I lose respect for the Force - because when it comes to traffic enforcement, they are often out for cash, not safety.

And because it's important to some people, I will reiterate that no, I do not have a history of traffic tickets that is making me bitter, and no I am not a habitual speeder.
 
voice of experience...

Paralegal is worth it if conviction consequences are severe, i.e. points over a limit your insurance co. sets to raise rates.

Generally a paralegal establishes whether procedure and documentation were followed precisely throughout entire process, which is why so many are ex-cops. Any slipup or hesitation by officer or crown and you'll often be acquitted.

Guilty with explanation requires you to previously sign and send in your ticket for a date with a Justice of the Peace. Usually this is the best, most expedient way (you can also take your ticket to any approved location and see the JP same day, often within the hour). You sit on one side of the JP's desk and give her your explanation. The conviction stands (you've pled guilty), but fine and/or points are reduced or eliminated, if she believes you.

If you actually get to trial on your own it's very difficult to win, almost impossible on speeding charges. In court if it's you (even with witness) against police officer you lose every time: police are imbued with public trust, you're not. The judge will ask if you can afford to pay the fine. If you plead financial hardship (beware because usually you'll be asked re: employment, married, etc.), he may negotiate a payment schedule for the whole amount.
 
I've heard of jurisdictions in the US that hire more police officers just so they can collect more money from speeding tickets. For some small towns it is a real and significant revenue.

If they really want to do something about reducing accidents they should patrol Steeles Avenue during rush hour. It's insane, Tailgating, cutting in and out, running red lights. It has nothing to with speed.
 
I have a good friend that is a criminal lawyer. I got a speeding ticket last September in Toronto. He sent the ticket in for me, plea of not guilty. Here is where you can perhaps get yourself off (no, not that way) My buddy wrote the crown and requested the previous six months maintenance and calibration records for the radar gun they used, and the officers' field notes, and his partners' field notes.

About a month later, he got a letter from the crown office saying the ticket had been pulled.

Reason, or one of them anyhow......officers' rarely take notes at speedtraps, even though they are supposed to, and there is a lot of work to collecting and forwarding the maint/cal records for the gun. Plus the trial time they would have to put aside.

They simply pull the ticket, not worth the trouble for them.

Although i did this through my friend (cost me a bottle of scotch) I dont see any reason you could not do this yourself. All of this info is information that you have a perfect right to see prior to the trial pursuant to the rules of discovery.
 
bayisle66 said:
I rarely see radar traps set up where they're needed - school zones, crosswalk areas with high accident histories, busy intersections - but rather, they are set up on stretches of straight road with no cross-streets or long hills where people will get lazy and drift over the speed limit. And where it's usually safe for them to drift over the speed limit. It is naive to not realize or believe that the police use radar traps to earn money for the city, .


I totally agree and do people stop to think that 20 k over is only 12 mph hardly worthy of the high fines they want to charge. The whole system is screwed , like Fuji said if you plead guility to a lesser speed they always reduce anyway . Like you I always notice 90 % of the time where they set up the traps there is little or no pedestrian traffic. It's funny how the cops always seem to nail you precisely at 70 k is an 60 not 69 , 68 etc.