Speeding ticket for going 5 km/hr over 50 -- best path forward?

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May 26th, 2021 10:43 pm

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May 25th, 2021 4:19 pm

Sweetboy [OP]: Newbie; Dec 12, 2019; 36 posts; 19 upvotes

May 25th, 2021 4:19 pm

Speeding ticket for going 5 km/hr over 50 -- best path forward?

Hi everyone,

Just got a ticket in Oshawa.

Cop said I was doing 85 km/h in a 50 down a hill. I honestly don't recall going that fast -- if I was, I think I may have sped up because I thought a merging lane was ahead so I wanted to switch over. There were no cops nearby at all.

Anyways, I eventually see a cop ahead of me waiting at a stop sign. I stop traffic to let him go ahead since he was waiting. Then his sirens go on and pulls me over.

Comes to me and says I did 85 km/h in a 50. He shows me his little gun thing with a 85 number on it. I ask him where and he explains. He then tells me he's only going to give me a ticket of doing 55 km/h in a 50 km/h zone. He then tells me if I go take it to trial/court, they'll likely throw out the case since trials are backlogged due to covid.

This is my second ticket this year (cumulatively only 2). What should I do? I really don't remember speeding honestly. I see that there's 3 options. 1. Plea guilty, 2. Early resolution, meet with prosecutor, or 3, Trial option.

I just dont want my insurance rate to go high.

Appreciate the feedback.

Last edited by Sweetboy on May 25th, 2021 4:29 pm, edited 1 time in total.

29 replies

May 25th, 2021 4:27 pm

chimaican: Deal Expert; Oct 23, 2008; 17284 posts; 15080 upvotes; GTA, ON

May 25th, 2021 4:27 pm

Sounds like he's filling his quota and is basically telling you that he won't show up if you challenge it. When the cop literally tells you that if you challenge it and plead not guilty, and they'd likely throw out the ticket because of the COVID19 backlog, he's basically suggesting you to plead not guilty.

Please watch you speed in the future. If you were truly going 85 in a 50, 35kph over... you're lucky the cop is even being kind to you.

The only time I got a ticket, the speed trap cop said to me that he's already reduced it and is giving me a break, and if I challenge it, the prosecution will bump it back to the full, and I'd lose. That's code for: I'll show up.

Last edited by chimaican on May 25th, 2021 4:34 pm, edited 1 time in total.

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+4

May 25th, 2021 4:33 pm

Sweetboy [OP]: Newbie; Dec 12, 2019; 36 posts; 19 upvotes

May 25th, 2021 4:33 pm

chimaican wrote: ↑ Sounds like he's filling his quota and is basically telling you that he won't show up if you challenge it. When the cop literally tells you that if you challenge it and plead not guilty, and they'd likely throw out the ticket because of the COVID19 backlog, he's basically suggesting you to plead not guilty.

The only time I got a ticket, the speed trap cop said to me that he's already reduced it and is giving me a break, and if I challenge it, the prosecution will bump it back to the full, and I'd lose. That's code for: I'll show up.

So should I do option 2 - "early resolution, meet with prosecutor - I request a meeting with a prosecutor to discuss the possible resolution of the charge. I understand that if I fail to attend the scheduled meeting, I will be deemed not to dispute the charge and may be convicted in my absence"

Or

option 3 - "Trial Option - DO NOT MAIL - I intend to appear in court to plead not guilty and to have an English language trial"

Thanks

May 25th, 2021 4:36 pm

chimaican: Deal Expert; Oct 23, 2008; 17284 posts; 15080 upvotes; GTA, ON

May 25th, 2021 4:36 pm

Sweetboy wrote: ↑ So should I do option 2 - "early resolution, meet with prosecutor "I request a meeting with a prosecutor to discuss the possible resolution of the charge. I understand that if I fail to attend the scheduled meeting, I will be deemed not to dispute the charge and may be convicted in my absence"

Or

option 3 - "Trial Option - DO NOT MAIL - I intend to appear in court to plead not guilty and to have an English language trial"

Thanks

Early resolution means you're pleading guilty. The prosecution won't likely do anything as the cop already reduced your ticket. A conviction is still a conviction regardless if it was lowered.
I'm not the person to get advice from though since I rarely speed, and the last ticket I got was over 10yrs ago.

There is an entire thread in the sticky.
https://forums.redflagdeals.com/ask-me-anything-about-fighting-your-traffic-ticket-speeding-parking-etc-945928/

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+1

May 25th, 2021 4:37 pm

engineered: Deal Expert; Feb 11, 2007; 19694 posts; 23084 upvotes; GTA

May 25th, 2021 4:37 pm

No dashcam? If they do schedule a court date, the ticket will likely be for 35kph over.

If the women don't find you handsome, they should at least find you handy.

May 25th, 2021 4:37 pm

tranquility922: Deal Expert; Sep 21, 2010; 15185 posts; 4637 upvotes; Montréal

May 25th, 2021 4:37 pm

LOL "sweetboy". Did you not watch American History X?

Hard work, inheritance, interest on interest accumulating, and stock and real estate speculation. It's all good.

May 25th, 2021 4:37 pm

peteryorkuca: Deal Fanatic; Jul 26, 2007; 6783 posts; 4352 upvotes; Toronto

May 25th, 2021 4:37 pm

Listen to the police. And your insurance won't go up while waiting for a trial.

Last edited by peteryorkuca on May 25th, 2021 4:43 pm, edited 1 time in total.

May 25th, 2021 4:42 pm

chimaican: Deal Expert; Oct 23, 2008; 17284 posts; 15080 upvotes; GTA, ON

May 25th, 2021 4:42 pm

Sweetboy wrote: ↑ Comes to me and says I did 85 km/h in a 50. He shows me his little gun thing with a 85 number on it. I ask him where and he explains. He then tells me he's only going to give me a ticket of doing 55 km/h in a 50 km/h zone. He then tells me if I go take it to trial/court, they'll likely throw out the case since trials are backlogged due to covid.

This is my second ticket this year (cumulatively only 2). What should I do? I really don't remember speeding honestly. I see that there's 3 options. 1. Plea guilty, 2. Early resolution, meet with prosecutor, or 3, Trial option.

I just dont want my insurance rate to go high.

I have to reiterate this because you sound young and sound like a newbie driver.

SLOW DOWN! Keep an eye on the road and your speedometer. How do you go 35kph over and not realize you're not speeding? Were you not passing everyone else?

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+4

May 25th, 2021 4:47 pm

Sweetboy [OP]: Newbie; Dec 12, 2019; 36 posts; 19 upvotes

May 25th, 2021 4:47 pm

chimaican wrote: ↑ I have to reiterate this because you sound young and sound like a newbie driver.

SLOW DOWN! Keep an eye on the road and your speedometer. How do you go 35kph over and not realize you're not speeding? Were you not passing everyone else?

I know. I was going downhill I remember, and I think I saw a merging lane sign ahead.

Everyone around me was going relatively the same speed to be honest.

May 25th, 2021 4:52 pm

chimaican: Deal Expert; Oct 23, 2008; 17284 posts; 15080 upvotes; GTA, ON

May 25th, 2021 4:52 pm

Sweetboy wrote: ↑ I know. I was going downhill I remember, and I think I was a merging lane sign ahead.

Everyone around me was going relatively the same speed to be honest.

Downhill isn't really a good reason. You were 35kph over the limit when clocked, so even if we were to factor in downhill momentum speeding you up as you go down, you likely started at the crest of the hill already over the speed limit, I would imagine at least 20 over, unless this is one really steep long hill. I'm just saying, if this were to go to trial, the judge would likely not believe that reason for that much over.

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+2

May 25th, 2021 5:00 pm

2Riskit: Deal Addict; Jan 12, 2014; 4336 posts; 10197 upvotes; 45° 36' 44.9964'' N …

May 25th, 2021 5:00 pm

3, Trial option...go to court tell the judge that the officer said your were going 85km/hr in 50 and only gave you a ticket for 55 km/hr and that you fell cheated and find it unfair

+3

May 25th, 2021 5:11 pm

Sweetboy [OP]: Newbie; Dec 12, 2019; 36 posts; 19 upvotes

May 25th, 2021 5:11 pm

2Riskit wrote: ↑ 3, Trial option...go to court tell the judge that the officer said your were going 85km/hr in 50 and only gave you a ticket for 55 km/hr and that you fell cheated and find it unfair

Guessing that's sarcasm?

+1

May 25th, 2021 5:20 pm

CNeufeld: Deal Guru; Mar 23, 2008; 13006 posts; 9966 upvotes; Edmonton

May 25th, 2021 5:20 pm

chimaican wrote: ↑ Early resolution means you're pleading guilty. The prosecution won't likely do anything as the cop already reduced your ticket. A conviction is still a conviction regardless if it was lowered.
I'm not the person to get advice from though since I rarely speed, and the last ticket I got was over 10yrs ago.

There is an entire thread in the sticky.
https://forums.redflagdeals.com/ask-me-anything-about-fighting-your-traffic-ticket-speeding-parking-etc-945928/

Early resolution doesn’t mean you’re pleading guilty. It just means scheduling a meeting with the prosecutor to work out a deal, give your side of the story, whatever.

In some jurisdictions, they don’t offer the ERM as an option, but offer a “plead guilty with explanation” option. Choosing that one is a bad idea in general, and is the same as pleading guilty (just like it says).

C

May 25th, 2021 5:22 pm

Canuck2fan: Deal Addict; Nov 12, 2004; 2576 posts; 1321 upvotes; Hometown

May 25th, 2021 5:22 pm

Trolling trolling trolling on the forums...

Anyhow, the ONLY reasons a cop would drop a ticket down that much is.

1. They are UNSURE it was your car in a line of traffic, but they have a "suggested" minimum number of tickets they have to write and they could catch you.

2. They are quitting in a couple of weeks after having a midlife crisis of some sort so who cares.

3. They were just at a call to break up a party with 50 people all smoking up and they got a contact high. So they were feeling "happy".

4 Or they saw this video and realized holy crap I NEVER do any of the things required to the radar system to make my tickets legal. So he gave up in advance?

+1

May 25th, 2021 5:40 pm

derass: Deal Addict; Sep 8, 2017; 4634 posts; 4891 upvotes; GTA

May 25th, 2021 5:40 pm

Only OP's 2nd speeding ticket this year lol

+4

May 25th, 2021 5:43 pm

thelefteyeguy: Deal Expert; Jun 9, 2003; 25154 posts; 2330 upvotes; Markham, ON

May 25th, 2021 5:43 pm

Sweetboy wrote: ↑ I know. I was going downhill I remember, and I think I saw a merging lane sign ahead.

Everyone around me was going relatively the same speed to be honest.

FYI...most downhills are speed traps (i.e. bridge underpass)

+1

May 25th, 2021 5:50 pm

AlicW93740: Sr. Member; Sep 25, 2018; 949 posts; 1891 upvotes

May 25th, 2021 5:50 pm

Best path forward will be: obey the law and don't give the police a reason to stop you.

You are making 80k a year fresh out of university last year, living at home with minimal expense. Worst case scenario your insurance goes up a few hundred dollars a year for a few years. You can still afford your lifestyle. So just take it as a lesson and move on.

Also, not sure if you got your sporty coupe, but the extra horse power in a sporty car and the fact it being a coupe won't help you in keeping the speed down or keeping a low profile from the police.

+1

May 25th, 2021 7:23 pm

mrweather: Deal Fanatic; Aug 29, 2011; 8605 posts; 5525 upvotes; Mississauga

May 25th, 2021 7:23 pm

What day of the month is it? Oh yeah...

+1

May 25th, 2021 7:32 pm

Ninja Robot Pirate: Deal Addict; May 23, 2008; 2083 posts; 3055 upvotes; Toronto, Ontario

May 25th, 2021 7:32 pm

Sorry, OP, but this thread is so annoying... like, the cop reduced the ticket to 5 over and then basically said "Request a trial, nothing will happen to you because of COVID backlogs lol" and then you come on here to ask what you should do? Then you ask if you should request an early resolution meeting, which is clearly not a trial? Come on!

Just request the trial, then relax and keep your fingers crossed that the ticket will be thrown out. If you do make it to trial, keep your fingers crossed that the cop doesn't show up and the charges get withdrawn. And if that doesn't happen, plead guilty in exchange for a lower fine and be happy that this conviction will probably go on your record after you've renewed your insurance.

But whatever you do, don't hop on the internet to ask strangers questions when the cop who already cut you a 30km break also told you exactly what to do to increase your chances of beating the ticket, and the exact steps you need to take are printed right on said ticket.

+6

May 25th, 2021 7:37 pm

Jigsaw: Deal Addict; Oct 21, 2006; 1060 posts; 836 upvotes

May 25th, 2021 7:37 pm

option #3, proceed with early resolution to see if they're willing to work out a deal, if not attend court to have it thrown out.

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