Automotive

Speeding ticket 401 near Dixie Mississauga

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  • Apr 18th, 2014 6:38 pm
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Sr. Member
Aug 25, 2005
717 posts
105 upvotes
Mississauga

Speeding ticket 401 near Dixie Mississauga

Wife got a speeding ticket -- 130kph in 100kph zone. Cop did not give her a break at all. Need to fight the ticket in court. Fine is $142.50 -- could be 4 points as well.

Questions:
1) is it OPP or Peel Police who give the ticket -- it was an unmarked car so she could not tell.

2) If OPP -- do the officers come to court --

3) What evidence should we ask for in terms of the laser gun being tested etc.

We are new at this - please help - will go to court next week to ask for trial date.
214 replies
Deal Addict
User avatar
Apr 8, 2009
1964 posts
125 upvotes
Center of the Univer…
FIGHT IT!

1. If on the 401, then OPP
2. Yes
3. Ask for everything.
Deal Expert
Feb 24, 2007
15169 posts
2743 upvotes
1. Could be either but more likely OPP. Is there a an info on constable's detachment?

2.Absolutely. As all do.

3.Ask for a disclosure but the chances are that it will show very little.Appealing on 11(b) Charter grounds will more than likely not work as Mississauga/Brampton usually have a speedy trial date. Ask for a pre-trial with the prosecutor and hope they will lower the fine and probably lower it to 3 demerit points.

That's your best option.
Deal Addict
Jan 20, 2014
2643 posts
733 upvotes
Ottawa
Just pay the ticket and be done with it. She knew the risks, she got caught.

Tell her not to speed. Lesson learnt.
Deal Addict
Mar 30, 2010
3083 posts
1445 upvotes
GTA
In the insurance company's eyes it's still a minor conviction, just like pretty much everything else, so generally the only purpose in going to court would be to reduce the dollar amount of the ticket.
Deal Expert
Feb 24, 2007
15169 posts
2743 upvotes
Viperoni wrote: In the insurance company's eyes it's still a minor conviction, just like pretty much everything else, so generally the only purpose in going to court would be to reduce the dollar amount of the ticket.
If she has prior traffic convictions, it will undoubtedly add to her insurance premium for next year.
Jr. Member
Jul 7, 2013
134 posts
25 upvotes
Guelph
Any conviction is a loss for you as your insurance will go up. The only way to win is to get it thrown out. I used this form http://www.ontariohighwaytrafficact.com/.

I used it to help fight out a ticket I got 2 years ago, it was very helpful. You'll have to dig through lots of garbage but there are some very helpful posts on there regarding the use of radar guns that do not meet IC standards and are not tested for use in Canada. This was the angle I used as I was caught dead to rights speeding and my ticket was mysteriously dropped. I argued with the prosecutor, when we couldn't come to an agreement I said let the judge decide then when it got in front of the judge he backed down and threw the case out.

You'll have to look up the particulars as it was along time ago but I would file for disclosure ASAP because you may need to do it twice to prove you really tried to work with them to get all of your requested documents.

Good luck. I'll sift through that forum and if I can find the post that helped me i'll link it up here. It was very detailed and worked for him and I.


Edit: http://www.ontariohighwaytrafficact.com/topic3398.html It's a bit of a read but well worth it. This is exactly what I did when I fought mine out.
Banned
User avatar
Feb 15, 2014
690 posts
53 upvotes
Toronto
AtlsNBP wrote: Just pay the ticket and be done with it. She knew the risks, she got caught.

Tell her not to speed. Lesson learnt.
Are you serious bro?


LOL. The responses from some people on hear are so annoying
You talk too @#!#$ much
Deal Expert
Feb 24, 2007
15169 posts
2743 upvotes
Pharaohe wrote: Are you serious bro?


LOL. The responses from some people on hear are so annoying
I absolutely agree.
Banned
User avatar
Feb 15, 2014
690 posts
53 upvotes
Toronto
OP fight the ticket. It isnt the ticket fine thats the issue as much as insurance rates and demerit points. You will spend some $ getting legal assistance, but it is an option. Chances are if your wife doesnt have too many driving offences then your lawyer will get it off period, but your still paying the lawyer so....is it worth it? Do some calculations.

She can represent herself in court and give an explanation and 90% of thes time the fine greatly reduced and/or demerit points get dropped.

Or lastly what i always do is reschedule the trial date over and over until the cop doesnt show up to court, then they throw out the ticket, period. I dont pay any fine. I dont loose demerit points. My insurace doesnt go up at all.
You talk too @#!#$ much
Deal Addict
Jan 20, 2014
2643 posts
733 upvotes
Ottawa
Pharaohe wrote: Are you serious bro?


LOL. The responses from some people on hear are so annoying
Are you?
Sr. Member
Aug 25, 2005
717 posts
105 upvotes
Mississauga
Thanks for your help and encouragement
thisisatest wrote: Any conviction is a loss for you as your insurance will go up. The only way to win is to get it thrown out. I used this form http://www.ontariohighwaytrafficact.com/.

I used it to help fight out a ticket I got 2 years ago, it was very helpful. You'll have to dig through lots of garbage but there are some very helpful posts on there regarding the use of radar guns that do not meet IC standards and are not tested for use in Canada. This was the angle I used as I was caught dead to rights speeding and my ticket was mysteriously dropped. I argued with the prosecutor, when we couldn't come to an agreement I said let the judge decide then when it got in front of the judge he backed down and threw the case out.

You'll have to look up the particulars as it was along time ago but I would file for disclosure ASAP because you may need to do it twice to prove you really tried to work with them to get all of your requested documents.

Good luck. I'll sift through that forum and if I can find the post that helped me i'll link it up here. It was very detailed and worked for him and I.


Edit: http://www.ontariohighwaytrafficact.com/topic3398.html It's a bit of a read but well worth it. This is exactly what I did when I fought mine out.
Sr. Member
Aug 25, 2005
717 posts
105 upvotes
Mississauga
How do you gwet the trial postponed? What excuse does the court agree to?
Thanks for this suggestion/tactic
Pharaohe wrote: OP fight the ticket. It isnt the ticket fine thats the issue as much as insurance rates and demerit points. You will spend some $ getting legal assistance, but it is an option. Chances are if your wife doesnt have too many driving offences then your lawyer will get it off period, but your still paying the lawyer so....is it worth it? Do some calculations.

She can represent herself in court and give an explanation and 90% of thes time the fine greatly reduced and/or demerit points get dropped.

Or lastly what i always do is reschedule the trial date over and over until the cop doesnt show up to court, then they throw out the ticket, period. I dont pay any fine. I dont loose demerit points. My insurace doesnt go up at all.
Deal Fanatic
User avatar
Feb 7, 2008
5861 posts
777 upvotes
Ottawa
fhirji wrote: How do you gwet the trial postponed? What excuse does the court agree to?
Thanks for this suggestion/tactic
Stop clogging up the courthouses and pay the ticket.
Banned
User avatar
Feb 15, 2014
690 posts
53 upvotes
Toronto
fhirji wrote: How do you gwet the trial postponed? What excuse does the court agree to?
Thanks for this suggestion/tactic
Are you in Toronto? Call provincial offences (416) 338-7320. Tell them you cant make your trial due to work/emergency whatever the case is and ask what your options are. They will tell you. Ask them all questions.

Or you can listen to these goofs telling you to pay the ticket and have it appear on your record, hike up your insurance premium and lose demerits points. Whatever works best for you.
You talk too @#!#$ much
Banned
User avatar
Feb 15, 2014
690 posts
53 upvotes
Toronto
Do what diablo says. Hes saying what im saying, just in a more halaal/kosher way. LOL.
eldiablo wrote: 1. Could be either but more likely OPP. Is there a an info on constable's detachment?

2.Absolutely. As all do.

3.Ask for a disclosure but the chances are that it will show very little.Appealing on 11(b) Charter grounds will more than likely not work as Mississauga/Brampton usually have a speedy trial date. Ask for a pre-trial with the prosecutor and hope they will lower the fine and probably lower it to 3 demerit points.

That's your best option.
You talk too @#!#$ much
Jr. Member
Jul 7, 2013
134 posts
25 upvotes
Guelph
It's not about the ticket it's about the insurance hike after.

The insurance industry in Ontario is not regulated enough. Last time I got work done they asked if I was paying or insurance was picking up the tab so there is obviously different pricing.
Deal Addict
User avatar
Nov 28, 2007
3204 posts
1094 upvotes
Whitehorse, YT
Glad she got caught. I'd like to see speeders like this off the road ... along with about 10% of drivers. That should bring death, injury and damage incidents down along with insurance costs.
Member
Nov 28, 2006
490 posts
82 upvotes
130 on the 401 is nothing, i got pulled over 2 weeks ago on the hov lane my car was tinted and the cop pulled me over as soon as he walks up i roll the windows down
and he sees kids in the back, i then asked him if he thought i was alone and he says yes but claims i was also speeding going 130 i said i was going with the flow of traffic
which i dont think i was going 130 anyways but definetly going over 100 which he says is the limit... he says im gonna let you go and walks away.
fight the ticket op!!

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