Court allows prosecutor to change ticket speed at trial

[fratello25]

For those of you wondering whether the prosecutor can charge you based on the speed the police recorded, not the speed indicated on the ticket (after the cop gives you a break), the answer is YES.

http://www.cbc.ca/canada/ottawa/stor...ruling523.html

I hope that makes some people reconsider whether to fight tickets they're clearly guilty of.

Flame away kind people!

[boyoflondon]

All for it ...

If the cop gives you a break, take it as lesson learned. Don't try to be a smart a$$ by fighting it.

[gilboman]

For those of you wondering whether the prosecutor can charge you based on the speed the police recorded, not the speed indicated on the ticket (after the cop gives you a break), the answer is YES.

http://www.cbc.ca/canada/ottawa/stor...ruling523.html

I hope that makes some people reconsider whether to fight tickets they're clearly guilty of.

Flame away kind people!

doesn't change anything, you still fight it. you still have NOTHING to loose at all. you goto court, if cop is not there, the prosecutor can change it to 10,000km/h over, and you still get off. you see the cop there, you can agree on the spot to the original ticket speed. or if you think you have a good case, goto trial.

[gilboman]

All for it ...

If the cop gives you a break, take it as lesson learned. Don't try to be a smart a$$ by fighting it.

well better a smart a$$ than a total idiot

[VorteC]

All for it ...

If the cop gives you a break, take it as lesson learned. Don't try to be a smart a$$ by fighting it.

Why are there so many panzies on RFD?

[m4gician]

Why are there so many panzies on RFD?

Because we all have a common thread...

We're ALL CANADIAN!! That's what we are Canadians! We complain, criticize and for the most part, do nothing!

[Tomy]

Because we all have a common thread...

We're ALL CANADIAN!! That's what we are Canadians! We complain, criticize and for the most part, do nothing!

qft

[m4gician]

qft

Heh, my point exactly .

A lot of us do act liberally, but RFD shuns us for it. Tomy, you're not one of them, don't hate the messenger.

[Easto]

So you are caught speeding and the fine is reduced at the roadside.

You are given a break on the fine and probably points as well.

Why go to court and risk being convicted of the original speed?

I would be thankful that the officer used his/her judgment and gave me a break. Saved me some money and taught me a lesson to slow down. Police are out there and speed limits will be enforced.

[Feb30th]

So you are caught speeding and the fine is reduced at the roadside.

You are given a break on the fine and probably points as well.

Why go to court and risk being convicted of the original speed?

I would be thankful that the officer used his/her judgment and gave me a break. Saved me some money and taught me a lesson to slow down. Police are out there and speed limits will be enforced.

Because your insurance will shoot way up. Turst me, I know .

[motomondo]

It doesn't change anything
It is actually good stuff

It just makes it clear to all of those prosecutors and Justices of the Peace that used to (improperly) change the ticket to the original speed.

This ruling says that the ticket will go back to the original speed if, and ONLY IF

• The evidence at trial supports the amendment
• The circumstances of the case warrant the amendment
• The defendant is not prejudiced by the amendment and
• No injustice would be visited on the defendant by granting the amendment

On top, the ruling suggests that enough time must be given to the defendant to prepare... "JPs and judges "would be wise" to adjourn the case so a driver can get legal advice".

I welcome the ruling because now it is clear when a ticket can go back to the original speed, and opens the doors to appealing tickets where the JP doesn't follow the conditions set by the higher court.