First, you're not fighting a conviction, your fighting or defending a charge. It doesn't become a conviction until you're found guilty. The amount that the cop writes on the ticket is the set fine amount for whatever speed he's put you at + surcharge. If you are pleading guilty, it's either to the original charge in which case you'll pay the full amount that's written on the ticket, OR after making a plea deal with the prosecutor, you are pleading to a lesser charge (e.g. instead of 20k over that you were originally charged with, you agree to plead to 15k over) which carries with it a lower set fine and that's what you pay + surcharge. Also for each range of speeds there is a set amount of demerit points.Jon Lai wrote: ↑Feb 9th, 2009 8:03 pmI'm not 100% sure but this is how I have been told how it works.
The ticket you get has your conviction and a fine on it. The fine is written by the officer, it can be anything s/he desires (well, not really, but you know what I mean), s/he can lower it, which is the OP's case.
If and when you fight it, you are fighting for the conviction. The conviction carries a maximum penalty on it, which you are subject to. If you plead guilty after that, the fine may be reduced from the maximum. Doesn't make sense to me though, because if you are going to plead guilty anyways, might as well pay the reduced fines from the beginning and save the time going to court.
Basically the reduced fines is like a "settlement" in a sense.
So the JP isn't giving you a lower fine, the JP is taking a plea to a lesser charge that carries with it a lesser fine. The JP actually has no discretion wrt the amount of the fine (or points), the fines are set/fixed according to the speed over that you're pleading to (or found guilty of if you go to trial and lose).
stuntman wrote: ↑Feb 9th, 2009 7:25 pmI could be wrong here, but, not only does the cop not have to be present you have to present a reason....so have one ready. Like "I was not speeding"
Is this your 3rd speeding ticket or something? Insurance companies usually don't check unless there is a status change on the insurance, like a new car.
If the cop isn't there when they call your case, the case is dismissed most of the time. If the cop is in another courtroom at the moment s/he's called for your case or if the cop has advised the Crown s/he is, say stuck in traffic but on the way, the Crown can do one of two things: 1) not call your case till the cop arrives (it's the Crown that calls the cases, not the Court) or, 2) if s/he calls your case only to find out the cop isn't there, can ask that the matter be 'stood down', meaning held till later basically and you are stuck waiting. That rarely happens in HT Court though, unless it's a serious case or the Crown really has it out for you. The JP can agree or not to stand it down. If the JP doesn't agree to stand it down, or if the Crown doesn't even ask for it to be stood down, the case is dismissed.
If the cop isn't there and there are no other witnesses (and there usually aren't in most HT cases), you don't have to give any defense at all. They have no witness, they have no case, you have nothing to defend and the charge has to be dismissed.
So yes, it is a settlement, it's just that it's called a 'resolution' or a 'plea agreement' if you want to be picky...lol.