Speeding Ticket on the way to the show today!!!

[spaceboy]

Potential consequences if the cop is there? The Crown can ask the JP to amend your change back up to your actual speed. Instead fighting a 10-over ticket now you're at risk of fighting a 24-over ticket, and if convicted you'll face the demerit and $ fine penalties for that higher speed.

I'm pretty sure its only what's actually written on the ticket, so he wont be fighting a charge for 24 over.

[misteral]

Thanks for everyone that respond... I Appreciate it. Since I'm getting information on both sides, would it be proper to call my insurance (state farm) and ask if my insurance will go up because of this?

I'd hold off if I were you. In the worst case when your insurance is up for renewal you'll find out, and you can shop around then. I've heard horror stories about ppl calling their insurance agents asking about things.

[FiReSTaRT]

Those horror stories were confirmed on live tv a few years back by an industry rep. He justified rating a hypothetical question about a collision as a collision.

[Shaman]

Potential consequences if the cop is there? The Crown can ask the JP to amend your change back up to your actual speed. Instead fighting a 10-over ticket now you're at risk of fighting a 24-over ticket, and if convicted you'll face the demerit and $ fine penalties for that higher speed.

What you are charged with is what the charge is. This is essentially what cops want you to believe, but if they try this kind of thing before a judge, they risk discipline. Judges take a very dim view of police changing the details of a stop.

Can they do it? Maybe. Do they risk having the ticket thrown out of court for misconduct? Maybe.

I would ask for a court date, then ask for an extension. At worst, you get 6-9 months of extra time before the ticket is seen before court. I wouldn't bother showing up for a 10 over. But this way, you can almost a year off the penalties if there are any, and you will cost the court a lot of hassle and money. Fight every ticket, I say.

[turbodish]

You're talking numbers and points again, which don't matter to a person with a clean (or even moderately dirty) driving record. All that matters to the insurance industry are minor and major convictions. Almost all of them are minor. Those cops that "offer breaks" are either misinformed or there's an ulterior motive that I'm unaware of.

If the OP has a clean driving record, this ticket won't affect his insurance. Depending on which insurance company he's with, his next ticket won't affect his rates either.

Those cops that offer breaks know full well what they are doing.

Ulterior motive that you're not aware of? Maybe the cop was just trying to be a nice guy by giving a break without letting the OP off scott-free. This particular cop issued a $40 ticket when he could have issued a ticket worth $115 for the actual 24 km over.

How many people here would turn up their nose at a free $75 gift. The cop did not have to do that and and he gains nothing in doing so. If the cop wanted to "ensure" a court appearance for overtime, he would have issued a full-pop ticket for the speeding plus tickets for anything else he could find. That did not happen here.

[turbodish]

What you are charged with is what the charge is. This is essentially what cops want you to believe, but if they try this kind of thing before a judge, they risk discipline. Judges take a very dim view of police changing the details of a stop.

Can they do it? Maybe. Do they risk having the ticket thrown out of court for misconduct? Maybe.

Completely false. There are no repercussions to cops who give roadside discounts on tickets. There is no "misconduct" in doing so.

The offence notice is not evidence, the ticket amount is simply an out-of-court settlement amount in exchange for a guilty plea. If the accused wants to dispute the ticket in court, the out of court settlement amount is no longer binding to either party. The actual details of the stop will be in the cop's notes, and the notes will indicate the actual speed observed together with other information also not found on the offence notice.

On top of that, a very recent Ontario Court of Appeal ruling confirmed that it is constitutional and acceptable practice for the Crown to amend a ticket up if an accused decides to fight a discounted speeding ticket. Again, there is no misconduct in doing so.

[turbodish]

I'm pretty sure its only what's actually written on the ticket, so he wont be fighting a charge for 24 over.

More and more Crowns have been amending tickets up when they go to trial. The practice was appealed to the Ontario Court of Appeal on constitutional grounds. That Court recently ruled that the practice is constitutional and the the Crown can amend tickets up at trial.

[roadtoruin]

Cops giving "deals" on the side of the road = you more likely to pay up and take the conviction. Screw that. Take it to court, make them show their evidence and get disclosure, make sure they show up in court. It is your RIGHT to be proven guilty in court. EXERCISE IT.

[Shaman]

First, I've been present in a court when a policeman was berated by a judge for changing his ticket in his court. Your milage may vary, but your assertion that it doesn't happen is false.

Second, why doesn't the court just declare all Canadians criminals and get it over with? They might better. Our system is going to be as bad as the U.S. if we continue down this road of empowering the aggressive highschool dropouts that make up our police force.

[roadtoruin]

I might just consider joining the force the way things are going. 100+K / year, benefits, complete job security, the latest and greatest toys, get to taser people who look at me cockeyed and if they have a problem with me VACATION WITH PAY! sign me up

[turbodish]

First, I've been present in a court when a policeman was berated by a judge for changing his ticket in his court. Your milage may vary, but your assertion that it doesn't happen is false.

I've asserted no such thing. I don't know what you've been reading, but I've asserted only that the Crown can opt to amend charges up to the actual speed at trial, that this practice is becoming routine for many Crown's these days, and that the general practice is perfectly acceptable both on the part of the cop offering the roadside discount, and for the Crown acting to remove that discount.

In other words, it is not the "misconduct" that you labelled it as being.

Ahem.

Ticketed speeds can change at trial
Last Updated: Friday, September 11, 2009 | 9:22 AM ET

CBC News
Ontario courts can change or "amend up" a speeding ticket if the driver decides to fight it, the province's Court of Appeal ruled Thursday.

The ruling will affect cases in which police officers opt to cut speeding drivers a break by lowering their recorded speed, and consequently any fines they may have had to pay for their transgressions.

In a 3-0 ruling, the Court of Appeal found that traffic courts can change the documented speed to the speed with which offending driver was actually travelling — a procedure known as "amending up."

"Defendants have no vested right to insist on a trial only on the charge named on the certificate of offence. The prosecutor may thus exercise discretion by asking the court to 'amend up' the certificate," Justice John Laskin wrote in the ruling.

Read more: http://www.cbc.ca/canada/ottawa/stor...#ixzz0jaXZvtvq

[toysareforboys]

You shouldn't see any insurance rate change for a 10 over ticket. I would just pay it

That has got to be the worst advice I've ever seen offered on this forum.

Do not pay it. You did absolutely nothing wrong. You were not exceeding the speed limit. You passed a vehicle that was impeding traffic. The cops equipment was faulty.

Take it to court. Even if you have to take the day off and it costs you $100's, fight it like your license is on the line.

-Jamie M.

[Shreddies]

http://www.gtamotorcycle.com/vbforum...ad.php?t=59068

how to fight a speeding ticket

[VifferFun]

I might just consider joining the force the way things are going. 100+K / year, benefits, complete job security, the latest and greatest toys, get to taser people who look at me cockeyed and if they have a problem with me VACATION WITH PAY! sign me up

It's not $100K, but it's not shabby either:

http://www.opp.ca/ecms/index.php?id=98

[dardania]

u take it to court always fight tickets.. but remember in court you will not be fightin for 10 over the cop will fight you for 24 over the original speed he cought you.........!!!!! same thing happen to me 4 years ago cop let me gor with 10 over instead of 25 over and in the end told me u take it to court and i coem there i will fight you for 25 dont think it will be 10 and the judge will let u go because its only 10 over.......be aware of that .. good luck