First ticket need Help :(

[gixxer_flexx]

So after 6 years of driving/riding i unfortunately have received a speeding ticket. Its for 112 in a 80 on HWY 7.

Im most certainly not paying outright so my other 2 options are pleading guilty for a reduced charge(is that right?) and plead innocence and go to court and represent myself or get an paralegal.

I dont mind paying a fine but I would really not want any points. If I plead innocent and go to court would they always offer a lesser charge if I dont "waste the courts time"?
How detrimental is it to my driving record to have a 32 over? Any points? I know insurance will go up to which i am also worried about.
Is it wise to represent myself( no previous experience; say im a student, im stressed with exams etc...) or should I just get a paralegal to make sure I get the smallest charge?


Sorry about the short rant, this came at the worst possible time and its really bugging me.

[Rob MacLennan]

The first thing that you should do, is read the sticky post about fighting your ticket. If you don't feel comfortable doing it yourself then a paralegal could likely get reduced. Reduced how far is the question.

32 Kmh over is a 4 point infraction. Depending on your company your rates may not go up, until the second conviction for a minor infraction. A few ding you on the first.

[OpenGambit]

if you are not confident on getting it completely dropped, consider just paying it in order to start the clock running on ticket, as it counts from date of conviction.

The points are, in my view, fairly minor.

[iFly55]

for demerit points it's from the date of offence: http://www.mto.gov.on.ca/english/dan.../demerit.shtml

Demerit points stay on your record for two years from the offence date.

[OpenGambit]

I am talking about the clock for insurance companies when calculating your premiums. That is based on conviction date.

Otherwise you would see an insurance increase from the date you were charged.

[turbodish]

@OpenGambit

it's from the date of offence: http://www.mto.gov.on.ca/english/dan.../demerit.shtml

Demerit points stay on your record for two years from the offence date.

And insurance counts that ticket for three years from date of conviction.

[iFly55]

oh yes for insurance, it will be from date of conviction

[Brian P]

Some insurance companies may have a threshold of 30 over for being a "major" ticket. 30 over is also the threshold for 4 points versus 3.

If you do it yourself, it's almost a given that you can plead guilty to a smaller number over if you talk to the prosecutor first. I'd consider that to be worthwhile.

For a first ticket that's a minor, the insurance consequences normally aren't that bad. If it were me in that position, I'd go through the process myself, without hiring a paralegal, and see what happens. Do NOT select "plead guilty with explanation", you have to select that you want to contest the charge. Follow the process and see what happens. The most likely outcome is that the number will be dropped down to get it below 30 over, which is for sure only a minor ticket for insurance, and the fine will be smaller. Might even get it knocked down to 15 over, which is no points and smaller fine, but no further improvement for insurance. If you are lucky, something goes wrong with the process, maybe the court is backlogged and can't get you a court date for too long, maybe the officer mis-files the ticket, maybe they don't send you disclosure or don't send you the correct disclosure, maybe the officer gets transferred to another department before the court date. Give the system the opportunity to fail. You'll never win if you don't try.

The bit about just paying the ticket in the interest of starting the clock earlier is something to think about. By starting the clock earlier on this one, if it so happens that you get another ticket, you can play the delaying game with that one, to minimize the amount of time that you have two tickets on your record.

If there is just one ticket, and you are a good little boy for the next three years, and you don't change policies or move house or otherwise do anything to cause the insurance company to ask questions, there is the distinct possibility that the insurance won't be affected at all ...

[slogan]

Yeh, 32 over is 4 points. And they will offer you to drop it down to 3. They won't drop it down to zero.
But you always can try to defend yourself and get the ticket withdrawn if you lucky.

The ticket and points are counted from the date of offense, as I understand. So, at least you can reduce the time having points and a ticket in profile by a several months.

Fight all your tickets! That's your right and you have to use it!

[braveheart]

insurance doesnt give a rats *** about points.

a ticket is a ticket is a ticket.

[JohnnyP636]

insurance doesnt give a rats *** about points.

a ticket is a ticket is a ticket.

Exactly! for insurance cost increase you want that ticket dropped at all costs, not reduced....Get a good paralegal to fight it for the win

[matt123]

For your first ticket I would set up a meeting with the prosecutor dress well look traumatized and be respectful.If that gets you nowhere considered your next insurance renewal date and try to speed up or stall you pending conviction until just after it renews.
The last ticket I got was my first in 18yrs and was also 3 points.The prosecutor dropped it to 15 over and no points,luckily my insurance had renewed in the month and a half it took to get my first attendance.This believe it or not was on the advice of my insurance broker.Apparently they can only count it against you from the date conviction.Now insurance can only use against me for a little over two years instead of three.She also said that a one minor would not affect my rate and that this kind of damage control can only help me down the road if I get another ticket.
I was told The ticket counts from the date of conviction not the date of the offense as you are Innocent until proven guilty on your court date.Unless the officer dosent show or you can make him foul up you getting the full penalty.All deals are off the second you walk in the door,Including any road side plea bargen you made with the cop.

[slogan]

The ticket and points are counted from the date of offense, as I understand. So, at least you can reduce the time having points and a ticket in profile by a several months.

I was told The ticket counts from the date of conviction not the date of the offense as you are Innocent until proven guilty on your court date.

Yes, the ticket starts to be taken in account only after the court decide that you guilt, but the time (three years) starts from day of offense. so it means, that if I got a court date in one year after the date of offense, and even I couldn't defend myself, the ticket will stay only for two following years (point only for 1 following year), because one year is already gone.
Sorry for my French accent

[matt123]

Ok now I fully understand her reasoning behind dragging a ticket out in court until past your next renewal date.That's even better than i thought.Thanks

[Smutty]

Insurance will be affected for 3 years:
Starting from the day you pay your ticket without attending court OR
Starting from the day the court finds you guilty of the offence.

Therefore if you get a ticket January 2010 and pay it in January of 2010 without going to court then the offence is off your record in January 2013 HOWEVER if you decide you want to go to court and your court date is January 2011 and you are found guilty then the offence will come off your record in January 2014.

If insurance used the model that you've suggested then in theory someone could drag a ticket out in the court system for 3 years and never see any negative impact on their insurance, but this is not the case. If you were able to drag out a ticket from January 2010 until January 2013 and were still found guilty then said ticket would be on your record until January 2016.

Yes, the ticket starts to be taken in account only after the court decide that you guilt, but the time (three years) starts from day of offense. so it means, that if I got a court date in one year after the date of offense, and even I couldn't defend myself, the ticket will stay only for two following years (point only for 1 following year), because one year is already gone.
Sorry for my French accent

[Smutty]

Dragging a ticket out past your next renewal date would only help you for 1 year, potentially because when you renew, the ticket wouldn't show on your record yet, BUT, that being said, you'd be affected for 3 years once they do find out.

Ok now I fully understand her reasoning behind dragging a ticket out in court until past your next renewal date.That's even better than i thought.Thanks

[DownUnder]

Dragging a ticket out past your next renewal date would only help you for 1 year, potentially because when you renew, the ticket wouldn't show on your record yet, BUT, that being said, you'd be affected for 3 years once they do find out.

What happens if you have an accident in that first year and the insurance company then finds that infraction in your record so decides not to pay because you didnt let them know as soon as you were found guilty?

[OpenGambit]

You laugh in their face because you have no continuing disclosure obligation.

[Smutty]

As for that I don't know. I haven't read the "fine print" about disclosing tickets *after* you have insurance coverage. I know that at every renewal they pull your record, but as for in between, not sure.

What happens if you have an accident in that first year and the insurance company then finds that infraction in your record so decides not to pay because you didnt let them know as soon as you were found guilty?

[Bweixz]

you should check your insurance company if they have that one chance policy deal
my buddy recently just got slapped with going 179km/h on the 401 (100km/h speed limit) plea bargained it to 149km
lost 5 points, but his insurance company let him use his one chance deal where they ignore it so his insurance doesnt sky rocket.
I believe MOST insurance companys have that first time mess up, "we'll give you a break" type deal.