15 over in a 50km zone reduced 49

[vaportech]

Update: This thread started in Sept 15th 2009, JFYI

The Total payable was 52.50 is this correct?

It has been 1+ years since received this charge back in Sept 09, I paid the ticket in Jan '10.

Today I was reviewing some documents and stumbled upon my drivers abstract which showed this conviction. I clearly remembered not going to trial for this ticket and since I have smarted up and not so naive anymore, I decided to see if I can reopen this case.

So that is what I did today, I went to the Newmarket Superior Court of Justice and filed an appeal to reopen this case, since I already paid a fine it would mean I already plead guilty however I am requesting a new trial so thus the plea is withdrawn. I don't really care about the money but I really need to have a clean drivers abstract for future insurance purposes.

I received a trial date on June 20th and I will be requesting disclosure shortly.

So the point of this update is that no matter what, if you feel that there was a miscarriage of justice, there is always a way to appeal that decision and you always have an option of taking it to the next level.

I'm also fighting this on the principle that I have the right to trial.

end update

So 3am coming back from the 24hr groceries. Bought some salad and whey protein.

Got stopped at hwy7 and the railroad tracks before main street, where 70 becomes 50. Coming from the 404 direction.

Apparently I did 49 over 50 zone.

Anyways I asked for a break, officer says he hates people doing that ****, asking if they can be let off or get a break. I said ok I just wanted to ask just to put it out there, cause you never know. He said that is ballsy to ask considering you did 49 over.

Asks for the 3 docs hands insurance and reg back and asks if i ever gotten a ticket before. No I have not.

Goes to the car comes back, says that 2km more over I woulda got booked with the 50 over thing. Tells me again that asking for the break considering how fast I went was pretty ballsy move. (im quoting that because I don't hear people say that often.) Hes like 49 over is a $500 charge and 4 demerit points. In my mind i was like *********CKKKK. Hands back my drivers license and says heres a ticket for 15 over, have a nice night.

Damn...

oh he also said its noted that its a reduced fine and if it ends up in court they will prosecute me for the full amount. he said that in a threatening kind of way. Also said that he doesn't believe in demerit points.

ok..

Now its got me wondering, I know its a nice gesture but still I didn't expect 15 over.

Now I wanna know did he actually get a radar reading.

Also since he threatened or warned about the court thing and being prosecuted, does it mean he is scared that he might not get the prosecution if he put 49over because obvious I would fight it win or lose.

I don't know so many scenarios playing through my head now.

Also, I saw him before I passed him but was already going to fast, he pulled out after me, so even before his lights turned on I already parked and turned off my car in a nearby empty parking lot. I don't know if that helps, probably means I was paying attention?

[tjthemanto]

Dude you are extremely lucky..just pay the 15 km/hr over ( reduced charge ) & move on .

If he had hit you with the 50 km/hr as opposed to the 49 km/hr you were allegedly/actually doing your car would have been towed/impounded on the spot , 7 day lic suspension etc ...no arguments from your side etc ... Ofcourse you can fight this charge in court later on but on the spot with the street racing/stunt driving charge you can't do anything .

These days the cops almost always show up at traffic courts for the OT so don't take your chances .

Still at the end of the day its upto you - If you want to still fight it go ahead.

[bfr]

Dude just pay the fine. And don't even bother with the whole radar thing - you have no clue how radars work for sure. The lights do not mess it up.

[vaportech]

Dude just pay the fine. And don't even bother with the whole radar thing - you have no clue how radars work for sure. The lights do not mess it up.

How does it work then?

[TenzoR]

You got lots of reading to do if you want to fight this ticket. Defintely should check out a couple threads in this forum and maybe PM the OP for some advice.

[ricoboxing]

do you really know how fast you were going? If you know you were really going 49 over, then just pay the ticket.

[CanadianMoFo]

He knows how fast he was going. He just doesn't want to come right out and say it.

[Rekognize]

OP, you got a break from the office. Just pay the fine.

[ES_Revenge]

Anyways I asked for a break, officer says he hates people doing that ****, asking if they can be let off or get a break. I said ok I just wanted to ask just to put it out there, cause you never know. He said that is ballsy to ask considering you did 49 over.

LOL and what did you expect him to say? "Sure sir, I'll let you off with a warning, have a nice night!" Lemme guess you also go into a car dealership to buy a car and tell them "I want a deal"?

Tip, never ask an officer for any kind of break, also never try to justify or make excuses or (God forbid) start an argument with them at the roadside. Best routes to go are apologetic (but not admitting to anything) or just plain play stupid, lol. Pulled over at the roadside by a cop is never a time for negotiations, pleading/explanations, arguments or anything of the sort. Just keep your mouth shut, take your ticket(s), thank the officer and be glad he/she didn't make it any worse for you. If there's something to say, save it for the courtroom where you're not at the mercy of the officer. Now in your case you got lucky but it could have easily went the other way too.

And in your case going 49 over in ON, it's a gift in itself that he didn't charge you with stunting instead which he easily could have. On top of that he then actually gave you a break and not just any break, a huge one! A ticket for 15 over when you could have had your car towed and license suspended?

Honestly I don't usually say this, but dude just pay the ticket already. You should have kissed the officer when he gave you a ticket for 15 over, lol.

As for your HIDs and fogs messing up the RADAR--LMFAO That's one for the books man really one for the books. Imagine if that were the case in real life. Why would they spend billions and billions in the aircraft industry developing stealth jets like the F22, etc? Why not just put some HIDs and halogens on the planes and call it a day? hahahaha jokes

[tyfriend]

Why did he pull you over? He certainly didn't have a speed trap set up or use a radar gun.

Regardless he gave you a decent break. I would pay the ticket and not bother taking it to court. Although I do believe they do this just so the cop can get an uncontested conviction.

[slowtyper]

First I would consult with one of the traffic defense guys. If you can pay them to fight it so that you won't get demerits, I'd say its worth it. But get some good advice from a couple places first because it sounds like this cop would really **************CCCCCCKKK you over if you went to court.

[dondada83]

OP, there is nothing to think about here. Pay the fine and move on.

[dphythian]

oh he also said its noted that its a reduced fine and if it ends up in court they will prosecute me for the full amount.

Last time I was in traffic court, they tried to do that to the guy ahead of me. Judge didn't allow them to, but I guess that doesn't mean a different judge wouldn't.

[Rekognize]

Last time I was in traffic court, they tried to do that to the guy ahead of me. Judge didn't allow them to, but I guess that doesn't mean a different judge wouldn't.

last time I was in traffic court, they did that to some guy because he wouldn't take a plea bargain and he's obviously at fault.

Btw, on the ticket, under conditions (I think), if it says "R" then that means it's a reduced charge.

[golden]

You're damn lucky to get down to 15km/h over if you were indeed 49 over. Pay it and get it over with.