BUSTED - SPEEDING TICKET - FIGHT or FLIGHT (pay)?

[p0rsche]

Hey everyone at RFD,

Just got a speeding ticket today.. bummer:

Details:

On the ticket it states I sped at 99km/h in a 50 zone. I honestly thought it was a 80 zone (this is besides the point). Although verbally the officer stated I was going 120km/h in the 50 zone. Personally, I deem that an exaggeration on his part - I was going 110 MAX eitherway way still way over the limit. Is this worth fighting?

I'll get to the point:

1) Should I fight this case, what are the chances of me winning, and what will happen if I do not win - anything negative? This officer let me off easier than what I should have been charged, but I do not want the deremit points on file for the next 5 years - insurance will kill me.
2) Is it true to my knowledge booking a time for court will take over a year or sometimes less - so I'll probably going to trial in late 2009 or 2010 - in which case the officer may not show up? :razz: I hear you can win by default if the officer is not there. I definitely do not want to see the officer again in court knowing he let me off easy.
3) Does anybody have any advice, knowledge or prior experience in fighting speeding tickets of this nature (highest speeding ticket without towing your car away).
4) What points can one make for fighting a speeding ticket?

Additional information - I do not have insurance, the car however is insured. How badly will the extra 4 or 5 deremit points affect my insurance rate in the future? I am turning 19 in a few days. So if I plead guilty this will go on file till I am 24/25. I do not care so much of the fine itself which is $359.09, I am more concerned about the long term implications - 1) Insurance rate change 2) borderline license suspension should I commit another fault over 1 - 2 dermits.


Any input would be greatly appreciated! :D

Kind Regards + happy holidays to everyone,

Andrew

[masterballer]

Man...put your flame suit.

I would fight it...there really is no reason not to fight a ticket.

[CRXGSR]

maybe Fight or BITE would sound better.

At least go to first attendance...

[nalababe]

Undoubtedly people here will tell you to fight it...

Don't take this personally, but if you do fight, I hope the officer does attend and that it is not thrown out. Sorry, but 110 or 120 in a 50 is insane, even in an 80 that is way to much. Sure your insurance will go up...but you will still be allowed to drive.

Yes, your insurance will go up...how much will depend on the company.

[glaswegian]

The only long term impliations you should be worried about is that if you carry on like this, you won't live to see 25! Doing 120 in a 50 zone is madness, and I don't know who the hell you were trying to impress?

You are a menace to the roads, and it's people like you that tailgate, and cut in and out of traffic. I bet you still live with mom and dad, and have a roof over your head?

The question I have for you though is, if someone was doing that kind of speed and killed your parents ( God Forbid ) or relatives, how would you feel about that, knowing that you do the same thing?

If you need to get to somewhere in a hurry, wake up early! I work in Toronto and live just past Burlington.....I wake up at 4am everyday, leave home at 5am, to start at 8am.

Don't even bother fighting the ticket, you've got no chance at all, the only thing you should be fighting, is the demon in your pushing you to do stupid things on the road. It's not cool and it damn well ain't clever. If a car zooms past you at a ridiculous speed, you don't need to follow suit

[Sylvestre]

let's see,
18 yrs old
no insurance
110 (or more?) in a 50.


Any young males here wonder why their insurance is so high?

[Polaren]

Wow..and he didnt impound your car and suspend your license under Bill 203...I'd say you got off scott free.
I'd be happy that you got the ticket you did, I am also sure the officer will be there in court as he will remember he let you off with a speeding ticket and not a impounding/suspension + minimum $2K in fines.

[Prince15]

Hey everyone at RFD,

Just got a speeding ticket today.. bummer:

Details:

On the ticket it states I sped at 99km/h in a 50 zone. I honestly thought it was a 80 zone (this is besides the point). Although verbally the officer stated I was going 120km/h in the 50 zone. Personally, I deem that an exaggeration on his part - I was going 110 MAX eitherway way still way over the limit. Is this worth fighting?

I'll get to the point:

1) Should I fight this case, what are the chances of me winning, and what will happen if I do not win - anything negative? This officer let me off easier than what I should have been charged, but I do not want the deremit points on file for the next 5 years - insurance will kill me.
2) Is it true to my knowledge booking a time for court will take over a year or sometimes less - so I'll probably going to trial in late 2009 or 2010 - in which case the officer may not show up? :razz: I hear you can win by default if the officer is not there. I definitely do not want to see the officer again in court knowing he let me off easy.
3) Does anybody have any advice, knowledge or prior experience in fighting speeding tickets of this nature (highest speeding ticket without towing your car away).
4) What points can one make for fighting a speeding ticket?

Additional information - I do not have insurance, the car however is insured. How badly will the extra 4 or 5 deremit points affect my insurance rate in the future? I am turning 19 in a few days. So if I plead guilty this will go on file till I am 24/25. I do not care so much of the fine itself which is $359.09, I am more concerned about the long term implications - 1) Insurance rate change 2) borderline license suspension should I commit another fault over 1 - 2 dermits.


Any input would be greatly appreciated! :D

Kind Regards + happy holidays to everyone,

Andrew

Wow..and he didnt impound your car and suspend your license under Bill 203...I'd say you got off scott free.
I'd be happy that you got the ticket you did, I am also sure the officer will be there in court as he will remember he let you off with a speeding ticket and not a impounding/suspension + minimum $2K in fines.

Ok you first of all, you guys would swear you never touched 18 and jumped straight to your 20's. 18 year olds do these type of things, it happens, what's important is that you learn from this, and your blessed that things happened this way because;


A) You did not cause an accident with someone driving much more sane than you.

B) As Polaren said, you are lucky they did not impound your car and suspend your license.


That being said, you have no reasonable choice but to take this to court and hope for a reduction, and even if that goes you are still looking at a 3 - 4 point reduction. Cops show up for these type of things. It will stay on your record for 5 years, you will be screwed on insurance payments for the first 2 years, and then it will become only slightly increased.

I learned with A) as posted above, and that was 7 years ago, and it is finally coming off in 2008. So all things considered, just relax and drive easy, it's not worth it.

[ygtgxi]

good luck buddy

first of all points dun really matter for insurance but rather its the conviction that matters. So that aside you got lucky the officer do not impound your car. As long as the car have auto insurance you are fine.


Fight the ticket, you can probaly get it reduce to something more minor

Lastly OP please be careful, weather is bad nowadays and whether you have AWD or not and winter tyres, be concern about other people safety. If you die its your own fault but if you involve others, thats just not right. People do not need to pay for your mistakes

Good luck. btw insurance will not know about this until you are convicted so lets say you buy a car in 2 months but your court date is 1 year so technically insurance do not know about this yet so your rates will not go up. Most companies have a forgive first ticket policy anyways but at your age, insurance will be expensive

[mart242]

Damn. Too bad he did not give you a ticket for 100 in a 50 zone. Instant car impounding!

[Bidou78]

Sounds to me like a case of the thief who is sorry he got caught but not sorry he stole! My advice is to pay the ticket and plead guilty, I think it's the only way for you to learn and lesson from this whole ordeal. Otherwise you will be telling your friends how you got off on a technicality and that will just encourage them to do the same and sooner or later somemone may be dead because of it. It's truly tragic because you realize you are guilty but want to screw the system by fighting something you know you are already guilty of. It's crap like this that is putting such a burden on our courts that they have to throw out more meaningful dangerous cases but I digress. I've never got a ticket for speeding because I don't speed but I certainly had to pay through the nose in my early 20's cause of people who drive like maniacs. Slow down and take your 1st step as a man and leave the speed demon boy behind - pay the ticket and plead guilty.

[Andro]

If you go to court they will reduce it to even lower charge probably 19-29 over the limit. Always go to court, before court talk to prosecutor and they'll offer you a deal if you plead guilty.

[kenchau]

OP, I'm not gonna lecture you, but I do have one question - from your name, do you drive a porsche?!?!

Given your actual offense, it should have been instant car impoundment, up to a $10,000 fine, 6 demerit points, and a major conviction. Also, if you are G2, six points would be an automatic license suspension or at least you would have had to go to an interview to discuss your record and give reasons why you shouldn't be suspended.

Now, what the officer gave you was 49km over, which was a 359.09 fine itself, a minor conviction, and 4 demerit points. In this instance, if you are G2, four points will mean you get a warning letter.

Just from the looks of it, you already hit the jackpot if you ask me.

Demerit points stay on record for two years from the date of offence. Convictions are the only thing that affect insurance, all that other detail does not matter from an insurance standpoint. Convictions only potentially impact insurance for a period of three years from the conviction date. If you go to court and delay your conviction date, it simply postpones your three year period - that's all.

[ShadowVlican]

wow you broke two laws for only $359.09?! what a deal!

[Oneman42]

Contact one of these ticket fighting company and they will advise you what to do.
My idea: fight it, then go and take one of the defensive driving courses and that will take off another two demerit points.
HTH,
Oneman42

[Spray]

Pretty sure if you fight it, and the cop shows up, you can face 50+ over.

In which case well you know the rest. Cops are allowed to plea it down on the spot, but if you fight in which case you'll lose your car and pay a hefty fine.

You got BEYOND lucky, deal with it.

[65505201]

As other posters would attest, I am normally very against speeding tickets and would advise fighting it, but....120kph in a 50? Daaaamn. With 203 and the possibility the officer can raise up the charge, I'll take the +49 ticket.

[thelefteyeguy]

a lot of misinformation here

1. anything under 49km/h is considered a minor ticket.
If the insurance broker ask you if you have a ticket. You say yes, 1 minor speeding ticket.

And that's it

It also depends on whether you have a G1 or G2.

But since you have no insurance history...you first insurance premium will be VERY VERY high...even without the minor ticket.


HOWEVER if you do get suspended...you are very high risk and will get a "pink application" for facility insurance...if you think being a first time insurance is expensive...think again for facility.

BTW...if you did get charged for 120 in a 50 zone you would have F'ed the owner of the car cause it would have been impounded. And you would get a major ticket for street racing and have gotten your license suspended...you would kiss your thoughts of owning car insurance for the next 3 years



WTF to ppl still go 50km/h over in Ontario is hard to understand.

[blue mountain raider]

wow the LEO who caught OP must have been having a really good day (prob got laid) to not impound OP's car on the spot.

[p0rsche]

wow you broke two laws for only $359.09?! what a deal!

LOL! I'm reading through right now and this just cracked me up. Thanks for all the input so far , really appreciate it.

[rb]

You asked for input


I hope you get nailed ! You are selfish and stupid and shouldn't be allowed on the road. What do you feel when you hear of innocents getting killed because of speeding drivers ?

[thelefteyeguy]

You asked for input


I hope you get nailed ! You are selfish and stupid and shouldn't be allowed on the road. What do you feel when you hear of innocents getting killed because of speeding drivers ?

question...if you were charged with street racing?

how would you explain to the owner of the vehicle that the car was impounded and going to get demolished?

Im going to add this thread to my favorites in case anyone on RFD asks why 19yr insurance premiums are so high


YOU are getting flamed for a reason

[p0rsche]

From what I've been reading I'm assuming minor tickets (going over 49km/h) and accumulation of dermit points DO NOT AFFECT INSURANCE RATES - am I right?
If this is true, then I will just pay the ticket - there is really no point to fight it and risk getting heavier charges and risk the officer coming in on the trial when he let me off easy. I seriously thought I was screwed on the spot, and I said to myself DAMN I wish I was a hot chick or the cop is gay. The cop was a nice fellow though, got off lucky thank god.

But if the ticket for going 49km/h over the speed limit (this IS the highest ticket without impoundment) does affect insurance rates a lot then I will probably go to court. For those flammers out there don't get me wrong I learned my lesson from this , anyone would , but you'd be stupid not to fight it to decrease your insurance and to return your dermit points. To my knowledge no matter what the fact I sped will still be on file, just everything else can potentially be cleared.

[Polaren]

The ticket will increase your rates period, and there are demerit points attached. If you pay it as is your rates will increase. Unless you have some sort of insurance that waves your first infraction.

Also as mentioned already, if you take it to court, the judge already knows you were doing 50+ as the ticket is +49, obviously he knows the cop is doing you a favor. The cop could go for more on it if he wanted, you can take your chances if you want, but in the end the cop did you a HUGE favor by not getting you under Bill 203. I'd take it as it is and eat it, or you may be in for worse then you already are.

[p0rsche]

The ticket will increase your rates period, and there are demerit points attached. If you pay it as is your rates will increase. Unless you have some sort of insurance that waves your first infraction.

Also as mentioned already, if you take it to court, the judge already knows you were doing 50+ as the ticket is +49, obviously he knows the cop is doing you a favor. The cop could go for more on it if he wanted, you can take your chances if you want, but in the end the cop did you a HUGE favor by not getting you under Bill 203. I'd take it as it is and eat it, or you may be in for worse then you already are.

good advice.

[thelefteyeguy]

The ticket will increase your rates period, and there are demerit points attached. If you pay it as is your rates will increase. Unless you have some sort of insurance that waves your first infraction.

Also as mentioned already, if you take it to court, the judge already knows you were doing 50+ as the ticket is +49, obviously he knows the cop is doing you a favor. The cop could go for more on it if he wanted, you can take your chances if you want, but in the end the cop did you a HUGE favor by not getting you under Bill 203. I'd take it as it is and eat it, or you may be in for worse then you already are.

have a talk with your insurance agent/broker

*most* policies allow for the following (take a look at your insurance certificate)

*No Criminal Code Conviction or more than 2 traffic violations in the past 3 years*

His ticket of under 49km/hr is minor.

Your rate is determined by your driving record ie. 0 (for first time drivers) to 6 for at fault claims for the past 6 years (some companies will even go to 10)

then if you have a major conviction or more than 2 (some 3) minor convictions in the past 3 years there is a 5-25% surcharge on your premiums.

then your district (where you live)

then your *class* as in what the car is used for (business, pleasure, and the amount you drive)

then rate group.

then discounts: ie if you have home insurance combo

then surcharge: as in if you are over the 2 ticket limit/ or major violations




Lastly for most new drivers...the Rating of 0 is why the premiums are so high...cause you have no record or history. But let's not get into why you have no history and is driving someone elses car...AND hopefully not in the same household


in regards to your question on demerit point...when you exceed the amount allowed you are suspended. Insurance companies need to know whether you have been suspended. This tells them whether they want the *risk* in their portfolio (they might have hit a quota already and not accept you)


BUT again given that you have a zero record and a ticket...it's a redflag. Don't be surprised that you'll get some difficulties in getting insured after the 1 month review. All insurance companies can deny you with insurance after the 1 month review with cause...(it's happened to me before)

[Polaren]

Good info lefteyeguy, something I have never had to look into was the forgiveness of insurance policies.

[thelefteyeguy]

Good info lefteyeguy, something I have never had to look into was the forgiveness of insurance policies.

If I had know about the rules of insurance (in Ontario) when I was 23...I wouldn't gotten myself into so much crap in the past 6 years. Not only did it affect me but my dad's insurance (for 1 year span).

FYI...if you do get screwed (claim wise), it could affect your parent rates if you live with your parents.

Make sure you know about the waiver to ensure that you sign off that YOU CANT drive your parents car in the same household if your bad record is affecting your parents rates...

[kleptodathief]

porsche: so u admit to going 110? and in a 50zone? count ur lucky stars ur not taking the TTC :cheesygri

[baboo]

I seriously thought I was screwed on the spot, and I said to myself DAMN I wish I was a hot chick or the cop is gay. The cop was a nice fellow though, got off lucky thank god.

:lol: Maybe he IS gay...

You get off easy on this one, I will just eat it and not taking the risk of going to court.

good luck and drive safely.

[ItemFinder]

Cut up your license now. I hope this does permanently scar your record and forever you'll not be able to get insurance. It's drivers like you that raise the rates for everybody. If you can't handle a car without breaking the law, you don't deserve to be on the road. It's not a right, it's a privilege.

[woodstock827]

I really don't think the officer can "bump up" your ticket at the trial. Isn't that against the chartered rights since it is your right to know what charges you're facing against?

I'd go to trial and the chances are you'll face a lesser fine even if you plead guilty and the charge stays the same.
At the very very worst you pay the same fine with a bit of court fee, but highly unlikely unless you act like an arse in court..

[weales]

Another thread where I feel like my IQ has lowered even more...

[Meh!]

Ok you first of all, you guys would swear you never touched 18 and jumped straight to your 20's. 18 year olds do these type of things,

I'm pretty sure I passed 18 on the way to my 20s, and I certainly never did or even thought about doing anything like this at that age (or anytime for that matter). It's a matter of common sense. I guess some people just have less of it than others.

[new_vr]

I really don't think the officer can "bump up" your ticket at the trial. Isn't that against the chartered rights since it is your right to know what charges you're facing against?

There was another thread on this before. Evidence was I can't remember the final outcome, but some people said they had had it bumped up...
Either way, I would just consider myself lucky that it came in at 49km/h and not 50, since it's such a big difference in how big the ticket is.
I am pretty sure what lefteyeguy said about it being a minor infraction is right, so even if you get it reduced, that won't make any difference. If you can get it thrown out, that could be different, but I still think you got off pretty lucky

[jhan]

OP, I'm a young guy like you and I know how you feel..
BUT you need to get off the road.

[nalababe]

I'm pretty sure I passed 18 on the way to my 20s, and I certainly never did or even thought about doing anything like this at that age (or anytime for that matter). It's a matter of common sense. I guess some people just have less of it than others.

Agreed. Now, I will say that I was more likely to do silly things when I was 16 with my licence, but not at 18. Then again, at 18, I was away at University with all of the fun that that brings.

In the end, there is no excuse for the speed at which the OP was driving.

[ShadowVlican]

LOL! I'm reading through right now and this just cracked me up. Thanks for all the input so far , really appreciate it.
no kidding buddy

u are REALLY lucky to be let go with just a $360 fine

[VivienM]

let's see,
18 yrs old
no insurance
110 (or more?) in a 50.


Any young males here wonder why their insurance is so high?

Right. Typical insurance company logic: punish those who legitimately insure their cars for the sins of the idiots who don't.

[professionaldude]

wow the LEO who caught OP must have been having a really good day (prob got laid) to not impound OP's car on the spot.

+1;)

[Andro]

Cut up your license now. I hope this does permanently scar your record and forever you'll not be able to get insurance. It's drivers like you that raise the rates for everybody. If you can't handle a car without breaking the law, you don't deserve to be on the road. It's not a right, it's a privilege.

just so you know 99.9% of people break traffic law on daily basis. Yes it's minor things, but still a violation. You take it a bit too seriously. Relax.

[BMNB2tches]

BLAH BLAH BLAH get of the road blah blah garbage. Ignorance is bliss.

Fight the ticket son. The reason you have this problem is because you got caught. Unlike other slick individuals, you were actually booked by the popo. And you were lucky not to be busted for the 50 over rule, because ******* cops don't need "evidence" to prove that anymore. So set up a court date, because you are sure to have all charges reduced.

Also, If you speed, don't cause any accidents- simple as that. If you speed, and cause an accident, then f u.

[kenchau]

Right. Typical insurance company logic: punish those who legitimately insure their cars for the sins of the idiots who don't.

how else do you suggest they set the rates. the actuaries set their rates based on the available statistical data. that which says, that drivers under the age of 25 are more likely to be involved in a vehicle collision or commit a vehicle infraction - just riskier driving habits than all other age groups. sure it's gonna be a generalization. they have to look at the statistics. what else would they do, personally interview each and every individual and just pull a number out of the air.

i.e. A: "will you be speeding or getting into an accident or commiting any vehicle infractions"
B: "no I will not, I promise"
A: "ok, your premium is $1000 for the year"

yeah...mmm hmm...I dun think so...if you think about it, by obtaining a license and being in possession of it, means that people are aware of and should abide by the laws of the road, but obviously they get broken. unfortunately, when laws are broken the repercussions can be minor as in the OP's case or very very severe (injurying someone or possibly killing them - we've heard it on the news before).

so, if an insurance company has to pay out $1+ million dollars because some dumb*ss killed a pedestrian on the road, that has to get paid for from somewhere. takes a lot of premium to recouperate $1+ million in expenses for just this ONE claim (for example). so then you might say make that dumb*ss pay for that, well then there would be no point of insurance. it's just like insuring a home, you accidentally leave the stove on and burn your house down, insurance will cover you - but you caused the accident. you're paying for peace of mind so that should the unthinkable happen, you're not financially burdened, whether it's some million dollar lawsuit against you because you've hit someone or a minor fender bender.

do I like paying the premiums - hell no. who does. we're on Redflagdeals for a reason - because we don't like to pay money. but the reality is you pay for insruance to have peace of mind not just because it's the law. that's why it's called insurance. home insurance is optional, but we still buy it. we're human beings not robots that can do no harm or have no flaws. accidents happen. that's just life.

[thelefteyeguy]

how else do you suggest they set the rates. the actuaries set their rates based on the available statistical data. that which says, that drivers under the age of 25 are more likely to be involved in a vehicle collision or commit a vehicle infraction - just riskier driving habits than all other age groups. sure it's gonna be a generalization. they have to look at the statistics. what else would they do, personally interview each and every individual and just pull a number out of the air.

i.e. A: "will you be speeding or getting into an accident or commiting any vehicle infractions"
B: "no I will not, I promise"
A: "ok, your premium is $1000 for the year"

yeah...mmm hmm...I dun think so...if you think about it, by obtaining a license and being in possession of it, means that people are aware of and should abide by the laws of the road, but obviously they get broken. unfortunately, when laws are broken the repercussions can be minor as in the OP's case or very very severe (injurying someone or possibly killing them - we've heard it on the news before).

so, if an insurance company has to pay out $1+ million dollars because some dumb*ss killed a pedestrian on the road, that has to get paid for from somewhere. takes a lot of premium to recouperate $1+ million in expenses for just this ONE claim (for example). so then you might say make that dumb*ss pay for that, well then there would be no point of insurance. it's just like insuring a home, you accidentally leave the stove on and burn your house down, insurance will cover you - but you caused the accident. you're paying for peace of mind so that should the unthinkable happen, you're not financially burdened, whether it's some million dollar lawsuit against you because you've hit someone or a minor fender bender.

do I like paying the premiums - hell no. who does. we're on Redflagdeals for a reason - because we don't like to pay money. but the reality is you pay for insruance to have peace of mind not just because it's the law. that's why it's called insurance. home insurance is optional, but we still buy it. we're human beings not robots that can do no harm or have no flaws. accidents happen. that's just life.

The Insurance company rather you kill someone than cause disability on accident. Sadly...it's cheaper that way. In fact most ppl only have $1mil coverage...if you disable someone...you could be liable if the award is greater than $1mil.

[dgmorr]

invest in bus passes. you won't be able to pay for insurance anymore...unless your parents pay it.

[BobW]

The cop gave you every break possible to save your butt... and you want to go to court and fight it.... go right ahead. On your way to court, find a dictionary and look up the word "KARMA"... understand that you create your own... and once you get to the courtroom... I truly, sincerely hope that you get to experience it firsthand....

[gerbil]

karma!!

always fight it .. don't let the phat lady sing for you
besides, you'll learn a thing or 2 in this ticket of yours ..

i know i did ...

[p0rsche]

For the record, it is Not a good idea to go to court with a 49km/h over the limit fine, they can and will raise charges.

[ItemFinder]

Where's the update on insurance? Everyone knows you'd chicken out and pay up anyway.

[weedb0y]

Ticket paid off. thanks for advice.

For the record, it is Not a good idea to go to court with a 49km/h over the limit fine, they can and will raise charges.

Regards,

Andrew

I hear about that all the time but yet to see a ticket being RAISED for someone.
Even with the stories on the web. Best Scare Tactic to not exercise the legal right.

[p0rsche]

Correction:

Going to see the prosecutor for plea bargain.


Reply to above: there are many cases where charges are increased to what they should have been (ref: professional legal consultation) - Especially in cases where the judge knows the person had been let off easier on the spot (e.g. with a 29, 39, 49 on the ticket, its obvious). Opposite to what some people have suggested there is no law stating they cannot increase charges to What they Should have been, there is a distinction between this and raising the charges.

[Polaren]

Exactly as I mentioned before, although this doesn't happen all the time. If they want to make a example out of you they will.

The officer has to disclose he gave you a lower sentence, I am sure the judge would be quite baffled at the fact that you even showed up to the court room if the officer has all his evidence done properly.

[thelefteyeguy]

Exactly as I mentioned before, although this doesn't happen all the time. If they want to make a example out of you they will.

The officer has to disclose he gave you a lower sentence, I am sure the judge would be quite baffled at the fact that you even showed up to the court room if the officer has all his evidence done properly.

+1

[dashcat]

Hey everyone at RFD,

Just got a speeding ticket today.. bummer:

Details:

On the ticket it states I sped at 99km/h in a 50 zone. I honestly thought it was a 80 zone (this is besides the point). Although verbally the officer stated I was going 120km/h in the 50 zone. Personally, I deem that an exaggeration on his part - I was going 110 MAX eitherway way still way over the limit. Is this worth fighting?

I'll get to the point:

1) Should I fight this case, what are the chances of me winning, and what will happen if I do not win - anything negative? This officer let me off easier than what I should have been charged, but I do not want the deremit points on file for the next 5 years - insurance will kill me.
2) Is it true to my knowledge booking a time for court will take over a year or sometimes less - so I'll probably going to trial in late 2009 or 2010 - in which case the officer may not show up? :razz: I hear you can win by default if the officer is not there. I definitely do not want to see the officer again in court knowing he let me off easy.
3) Does anybody have any advice, knowledge or prior experience in fighting speeding tickets of this nature (highest speeding ticket without towing your car away).
4) What points can one make for fighting a speeding ticket?

Additional information - I do not have insurance, the car however is insured. How badly will the extra 4 or 5 deremit points affect my insurance rate in the future? I am turning 19 in a few days. So if I plead guilty this will go on file till I am 24/25. I do not care so much of the fine itself which is $359.09, I am more concerned about the long term implications - 1) Insurance rate change 2) borderline license suspension should I commit another fault over 1 - 2 dermits.


Any input would be greatly appreciated! :D

Kind Regards + happy holidays to everyone,

Andrew

Wow. There's speeding, and then there's SPEEDING. The little piddly-ass speeding charges like 65 in a 50 have very little to do with public safety and a lot more to do to with revenue generation, that's why I fight mine. You however, are an example of why we need speeding laws on the books. If you were really doing 120 in a 50, you should be drawn and quartered. You could have KILLED somebody. Even if what you say is true about thinking you were in an 80 zone, that's still 40 over the limit in or near a residential zone (assuming you were coming up on a city or town from a rural area where the limit changed from 80 to 50). I have very, very little sympathy for you either way.

Other posters might have mentioned this (I haven't read through the entire thread), but the officer did you a HUGE favour by only writing you up for 49 km/h over the limit. The law in Ontario says that getting caught doing 50 km/h or more over the limit means you will automatically be charged with DANGEROUS DRIVING, not speeding. A conviction for dangerous driving means possible jail time, and unlike a speeding charge, there is no "set fine" for dangerous driving. In other words, you could get hit with a fine in the THOUSANDS on conviction. You also may or may not be aware that if you get caught doing more than 49 km/h over the limit in Ontario, you will also be charged with STREET RACING, you will LOSE YOUR VEHICLE ON THE SPOT AT THE ROADSIDE (which could mean a long, expensive journey home by other means) and you will be hit with a TEN THOUSAND DOLLAR ($10,000) fine.

As for getting out of this ticket, you should be aware of a few things. First of all, if you dispute the ticket and go to court, YOU COULD END UP GETTING CONVICTED FOR THE ACTUAL RATE OF SPEED THAT THE OFFICER SAYS YOU WERE DOING (i.e. 120 km/h in a 50 km/h zone) regardless of what your speeding ticket says (i.e. 99 in a 50). If you want to know why, you can do a search for some of my other posts here. If you're convicted of over-50, you will be paying a $10,000-plus fine, and you could be looking at jail time. Second, I don't know who told you that your court date will be in "late 2009 or 2010", but you should stop listening to that person. Most run-of-the-mill speeders (e.g. 65 in a 50) can expect to have a trial between 6 and 10 months from the date of their offense. In your case however, the prosecutor is probably going to put a priority on your case to get it heard SOONER given the severity of your charge. In fact, I wouldn't be surprised if you've already had your trial date sent to you. The reason the prosecutor will want to have your case heard quickly is to minimize the chances of you being able to get out of the ticket by making a "Charter Application" alleging that your trial has been delayed unreasonably. Again, for most non-serious speeding charges (e.g. 65 in a 50), most justices will set the cutoff at about 12 months, after which you stand a good chance of having the charge stayed for unreasonable delay (if you know how to prepare and file the appropriate paperwork; it is NOT easy to do for someone not familiar with the law). I wouldn't get your hopes up in your case though. Your speeding charge is SERIOUS. In order for you to stand a chance of getting your charge stayed for unreasonable delay, there would probably have to be a period of two YEARS of delay before a justice of the peace would consider a stay. If you really want to pursue the delay route, you it is discussed on this site by myself and other posters in other threads.

If you want my advice, here it is: PAY THE TICKET AND COUNT YOUR BLESSINGS. Yes, you will be hit with a big fine. Yes, your insurance rates will go up. But believe it or not, insurance companies all lump "minor speeding infractions" between 1 and 49 km/h over the limit, so as far as your insurance company is concerned, you will have been convicted of a "minor" speeding offense. If you go to court and get convicted of 50 km or over, you are in big trouble. I wouldn't risk it.

[Ebola]

Wow a one year later holier than thou rant.

Props to being a self-righteous asshat.

[spamblockers]

I just realized as well this was a year old thread...oh well works as a reminder to all of us...I wonder what his outcome was if he bothered going, if he won the case or did he miserably loose? :lol:

[dashcat]

Wow a one year later holier than thou rant.

Props to being a self-righteous asshat.

No problem. Now do everyone a favour and get in touch with 120-in-a-50 boy above, and go for a nice, long car ride with him. Just do it at 3AM so the authorities only have to scrape your brains off the road and nobody elses.

[Ebola]

No problem. Now do everyone a favour and get in touch with 120-in-a-50 boy above, and go for a nice, long car ride with him. Just do it at 3AM so the authorities only have to scrape your brains off the road and nobody elses.

He's already gone through his whole trial and sentencing period.

And yet.. you feel the need to chime in and be all '120 in a 50' HOW DARE YOU.

Even as someone who deals with **** rates on a regular basis, there is a point where you just have to move on, especially after they have been through the legal system. There's something called beating a dead horse, and that's what you're doing.

[65505201]

Wow a one year later holier than thou rant.

Props to being a self-righteous asshat.

Selpats? Is that you? (I'm referring to dashcat here)

[Desolatax]

Wow a one year later holier than thou rant.

Props to being a self-righteous asshat.

Its actually more of a 3 1/2 month later post. It's not december yet...

[Nikita]

I hear about that all the time but yet to see a ticket being RAISED for someone.
Even with the stories on the web. Best Scare Tactic to not exercise the legal right.

+1 As I've stated many times before, the charge cannot be changed at trial just because you exercise your legal and constitutional right to go to trial and to be presumed innocent until proven guilty.

Specifically it breaches the charter right to know the case against you and be able to assist in your own defence. A right that can't be exercised under threat of changing the charge (or for any other reason) is an empty right and doesn't comply with the spirit of the Charter. It's nothing more than an abuse of power and an abuse of process for cops to threaten you with that.

[selpats]

Selpats? Is that you? (I'm referring to dashcat here)

Awww, shucks, doesn't that make me feel special! :cheesygri

Thanks for thinking of me but no, that isn't me...

[IoannI]

If you want it doesn't hurt to try and fight the ticket. If the office doesn't show up then you'll get off scott free. But if he shows up then your screwed. 100+ in a 50 zone man that huge. I dont know how you could of thought it was a 80 zone.

[Groverr]

You are the reason why the rest of us responsible 18 year olds can't afford insurance. Dick.

[MoreMiles]

http://www.newsflavor.com/World/USA-&-Canada/Ontarios-Tough-New-Street-Racing-Law.96840

[gman]

If you want it doesn't hurt to try and fight the ticket. If the office doesn't show up then you'll get off scott free. But if he shows up then your screwed. 100+ in a 50 zone man that huge. I dont know how you could of thought it was a 80 zone.

There are roads that start at 80 and then drop to 50 (if you miss the sign).

[Alvito]

Hey everyone at RFD,

Just got a speeding ticket today.. bummer:

Details:

On the ticket it states I sped at 99km/h in a 50 zone. I honestly thought it was a 80 zone (this is besides the point). Although verbally the officer stated I was going 120km/h in the 50 zone. Personally, I deem that an exaggeration on his part - I was going 110 MAX eitherway way still way over the limit. Is this worth fighting?

I'll get to the point:

1) Should I fight this case, what are the chances of me winning, and what will happen if I do not win - anything negative? This officer let me off easier than what I should have been charged, but I do not want the deremit points on file for the next 5 years - insurance will kill me.
2) Is it true to my knowledge booking a time for court will take over a year or sometimes less - so I'll probably going to trial in late 2009 or 2010 - in which case the officer may not show up? :razz: I hear you can win by default if the officer is not there. I definitely do not want to see the officer again in court knowing he let me off easy.
3) Does anybody have any advice, knowledge or prior experience in fighting speeding tickets of this nature (highest speeding ticket without towing your car away).
4) What points can one make for fighting a speeding ticket?

Additional information - I do not have insurance, the car however is insured. How badly will the extra 4 or 5 deremit points affect my insurance rate in the future? I am turning 19 in a few days. So if I plead guilty this will go on file till I am 24/25. I do not care so much of the fine itself which is $359.09, I am more concerned about the long term implications - 1) Insurance rate change 2) borderline license suspension should I commit another fault over 1 - 2 dermits.


Any input would be greatly appreciated! :D

Kind Regards + happy holidays to everyone,

Andrew

go seek a lawyers help, this is a serious charge.

[Flyhigh]

+1
Moron

I am 22, and still pay crazy insurance, cause they have a range of "dangerous drivers age" from 18-25 or something like that thanks to MFs like you. U even said you went 110 MAX? on a 50km place, its disgusting and pathetic to me how kids like you want to consider fighting this. U also didn't have insurance, who did you blow for getting to take their car for a joy ride?

You are the reason why the rest of us responsible 18 year olds can't afford insurance. Dick.

[thezone]

I second that, if it wasn't for dangerous drivers like you I would probably drive cause insurance each year wouldn't cost as much as the bloody used car!
+1
Moron

I am 22, and still pay crazy insurance, cause they have a range of "dangerous drivers age" from 18-25 or something like that thanks to MFs like you. U even said you went 110 MAX? on a 50km place, its disgusting and pathetic to me how kids like you want to consider fighting this. U also didn't have insurance, who did you blow for getting to take their car for a joy ride?

[Psycho44]

the OP doesn't have insurance so of course he's not going to give a damn. He's just going to continue driving someone else's insured car until a) 3 years from his conviction date or b) until he kills someone with his reckless driving.

[bobbings]

He should read that "Ask me anything about jail" thread," by Shaner.

What happens in jail should deter him from doing dumb and reckless things like that ever again unless he likes to drop the soap...

Oh yeah, YOU GOT PWNED!!!

[Nikita]

He should read that "Ask me anything about jail" thread," by Shaner.

What happens in jail should deter him from doing dumb and reckless things like that ever again unless he likes to drop the soap...

Oh yeah, YOU GOT PWNED!!!

Except that you don't get jail time for a speeding ticket.

[gman]

He could have been charged with stunk driving and has his licence suspended on the spot and his car impounded four seven days. The cop did him a favor (but not necessary the public) by giving him 1km below the stunk driving charge.

[bobbings]

Except that you don't get jail time for a speeding ticket.

Ya but I was hinting at the outcome had he killed someone going at those speeds.

KEN LEE!!! Tulibu dibu douchoooo!!!! KEN LEE!!!

[rpeatt]

everyone should fight a ticket, even if they intend to pay or not. It costs the province a lot more than $115-200 to fight a ticket in court, so if everyone does it then they will either hand out fewer tickets (or raise the price of the tickets to cover court costs).

Either way, if you are guilty, make sure you get your $115-$200 worth and go to court - that way at least you know where the ticket money went :)

Don't let the state push you around; its your obligation as a citizen to exercise all rights given to you.

[selpats]

everyone should fight a ticket, even if they intend to pay or not. It costs the province a lot more than $115-200 to fight a ticket in court, so if everyone does it then they will either hand out fewer tickets (or raise the price of the tickets to cover court costs).

Either way, if you are guilty, make sure you get your $115-$200 worth and go to court - that way at least you know where the ticket money went :)

Don't let the state push you around; its your obligation as a citizen to exercise all rights given to you.

Ignorance is bliss.

Where do you think the province gets its money from? Think about it...

[65505201]

Ignorance is bliss.

Where do you think the province gets its money from? Think about it...

From the taxpayers...and when politicians are forced to tax people for their pet projects, they will be voted out.

You think Fantino's shiny new toys would've been approved were it not for the exorbitant fines from the new racing law?