Question about fighting a speeding ticket...

**buttahz** · 06-01-2011, 01:59 AM

So my brother got into a little trouble with OPP. He was going a good pace on the 401 tonight, lets say 50 over and gets pulled over by OPP. The cop is leneant and says he will drop it to 129km/hr with 3 points. And i believe thats what the ticket says(129kmhr, i dont know i havent seen the ticket yet). The cop says to him "If you bring it to court i will bring in evidence that you were going 50 Over and put the original charge on you".

Is this really possible? Can he do that?

**MadPoet** · 06-01-2011, 04:03 AM

Originally Posted by buttahz

So my brother got into a little trouble with OPP. He was going a good pace on the 401 tonight, lets say 50 over and gets pulled over by OPP. The cop is leneant and says he will drop it to 129km/hr with 3 points. And i believe thats what the ticket says(129kmhr, i dont know i havent seen the ticket yet). The cop says to him "If you bring it to court i will bring in evidence that you were going 50 Over and put the original charge on you".

Is this really possible? Can he do that?

Yes they can, they put R for reduced on the ticket. It is a way to cut down the court costs and wait times and so on so that you don't fight it unless you really have to.

**Carriers** · 06-01-2011, 08:38 AM

You can still fight it but you won't see any leniency from the prosecutor with the R code represented on the ticket. Btw, the officer cannot have it raised, the prosecutor must. If the case may be, plead guilty before then.

**turbodish** · 06-01-2011, 09:29 AM

Originally Posted by buttahz

So my brother got into a little trouble with OPP. He was going a good pace on the 401 tonight, lets say 50 over and gets pulled over by OPP. The cop is leneant and says he will drop it to 129km/hr with 3 points. And i believe thats what the ticket says(129kmhr, i dont know i havent seen the ticket yet). The cop says to him "If you bring it to court i will bring in evidence that you were going 50 Over and put the original charge on you".

Is this really possible? Can he do that?

Yes, they can, and in more and more places the Crown will automatically amend the ticket back up if you try to fight a ticket for which the cop has already given you a roadside discount. It doesn't matter if the cop put an R on the ticket or not - if the cop can give evidence to the actual speed at which you were caught, the Crown can proceed with that evidence of higher speed.

See http://www.gtamotorcycle.com/vbforum...=1#post1565032 for a recent and minor amending up.

**buttahz** · 06-01-2011, 09:32 AM

Thanks guys, i'll let my brother know,

so do you guys think it is best not to fight the tkt and just grin and bare with it?

**turbodish** · 06-01-2011, 09:37 AM

Originally Posted by buttahz

Thanks guys, i'll let my brother know,

so do you guys think it is best not to fight the tkt and just grin and bare with it?

If convicted of the actual speed just for speeding, the price per km goes up to $9.75 per km over the limit, plus court costs plus hefty victim surcharge. Do the math and then look at the out-of-court settlement amount on the ticket your brother got. Add in the cost and aggravation to go book a court date, maybe hire representation, and then attend court.

Also, right now the ticket is a minor ticket. If it's the only one on your brother's record, any effect on insurance will be none to minimal, and for a number of insurance companies the same will be true even if it's a second ticket. There is no similar forgiveness for a major ticket, and a 50+ speeding ticket is a major ticket with a hefty surcharge. And if the ticket gets amended up even further to a stunting charge, the pain only gets worse.