Reply With QuoteWere you speeding both times 10 over, was it dropped from a higher speed?Originally Posted by Johnson
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i got my second ticket last night (10 over) - is it worth fighting, my first ticket was also a 10 over
i called x copper and they said that odds are i`ll get off on the "right to a speedy trial" - courts being over booked ....
Were you speeding both times 10 over, was it dropped from a higher speed?
both were lowered
i`m fine with paying the fine and calling it a day, but then i`ll have 2 driving infractions on my license - if i fight it and i lose i still have the 2 if i win i`m ahead of the game no ?
I guess that depends on how much money you would lose for 2 days pay.
i paied the first ticket (got that one in like febuary or march)
i was thinking of just calling redline or x copper and letting them run with it
its not the cost i care about its the jump in insurance that i`m worried about
I've had bad experience with that xcopper paralegal crap. unless you have a major street racing or wreckless i'd stay away from that. They will charge you 300 + dollars, loose the case then your out 300 + the fine + points.
i return to 2 wheels in september
You get a couple minors without an insurance hike, just ride the speed limit for now on and you'll be good.
Always fight all tickets. You almost always get a reduced sentence or none at all.
Last spring I had a 15 over reduced to "failure to proceed on green light", a no points misdemeanor crowns have been offering lately. And don't use Xcopper if you're going to use an agent. Redline is the only service worth using.
So they traded you a moving violation for a moving violation, same effect on the insurance. You did so good.
UNFAIR!!!!
why to u get TWO tickets in one year and sooo many of us got NONE!
doesn't seem fair at all.
i thot u only pay if they WIN the case for you??
i dont care that i`ve gotten 2 tickets in the past year, i got caught oh well i`ll take my lumps - BUT - since i am charged with a traffic ticket am i better fightting it and maybe winning (one less ticket on my record) or am i better paying the ticket and maybe having a hike in insurance
up...
You probably won't have a hike in insurance, if you only have 2, just be more careful and don't get anymore
fight it..
i have a 10 over on my record.. that along with another ticket (fail to obey highway sign, no points on either tickets) was the cause for state farm to deny coverage for me..
one more ticket on your file and you'll get a hike
Johnson,
1. The question you have to ask yourself is: "Is it worth it for me / can I afford to take the day off work to fight this ticket in court?" - This ticket on your record if it's your 2nd in total, shouldn't change your rates from what I've heard, so if you can keep it 10km/h the posted limit all the time on non-highway then you shouldn't have any worries.
Insurance companies let you usually slide with 2 minor tickets, which I believe is < 29km/h over the posted speed limit. Anything above that is a major, and if it ends up on your record I believe it may even come down to it being questionable whether they can even insure you or not.
You should also ALWAYS ask for disclosure, even if you don't want to proceed with trial, because if you ask for it ~1 - 1.5 month before your first court date, they will most likely not get you the disclosure in time. At this point you can "adjourn" your case based on grounds that you have not presently recieved disclosure. This in no way waives your right to defend yourself against the constitution that you haven't been tried within a reasonable amount of time. This is because it is not your fault, and you need to push it back to prepare a defense, this is your right. If the ticket is bad enough, then chances are the cop took notes and will scan his notes for you then and there, you will be handed them, and then you reschedule. You will want to push your next court date (they will schedule this on the spot) to at least 15 days away. Preferably a month, and they shouldn't have any problem doing this, make up something if you have to, say you have too many responsibilities to be available anytime soon, but word it better. They may most likely not even ask you what date is convenient for you, they could schedule you 2 weeks away. Once they're done, say "your worship, I'd appreciate it if my court date be rescheduled 1 month from now." He should not have a problem with this. Why ~1 month from now? Because you need to file your Form 4F (defense against not being tried within a reasonable amount of time) ~ 15 days before your next court date. If the cop doesn't have disclosure, then maybe you can try to motion for a dismissal of your ticket based on those grounds.
So if you do take it to court, the way I see it, even if it gets reduced, you still lose if it ends up on your record, because every single minor infraction adds up. The only reason I personally will take EVERY ticket to court is for the sole chance that it will be dropped. How?
1. Cop does not show up - happens every now and then, you may be lucky enough, and your ticket gets dismissed! If you adjourn, and he doesn't show up the second time, good job, you win!
2. Fight it based on not being tried within a reasonable amount of time, you have to fill out a Form 4F I believe and file it to the appropriate legal parties.
I've heard of alot of people changing the court date prior to their 1st court date. You make up any reason, say you'll be out of the country. At this point, it seems like the reason this works is because the courts are too disorganized to inform the officer of the change in the date. Or the other possibility is you've inconvenienced the officer by changing it, because the way the courts will schedule your date is with as many other tickets that the officer issued, so he shows up once for many tickets he's issued. The only potential issue with this is that because now you're responsible for the court date change, this may waive your right to the defense of not being tried within a reasonable amount of time, but I'm not 100% sure on this one. You should still go for any defense possible though.
I personally would not get any representation. I do think that it may look better / more professional if a legal representative was leading your defense on the charter, but I'm sure if you read up on it you can do a good job yourself.
Most of the time they advertise a win as dropping points, or fine reduction, or whatever else that isn't really anything else but still a loss... I think the only main advantage is a legal representative may do better at cross - examining if it comes to it.
This is a good website that you should read up on to inform yourself about as much as possible:
http://www.magma.ca/~fyst/
Getting your points dropped only matters for your driving record. Demerit points I don't think affect your insurance rates, they grade you on a 4 point system?
The end decision is yours of course, I hope this helps a little. Many of us end up with a ticket at least once, I typed this much only because I think the speed limits are painfully lower than they should be at times, and when there's a quota to fill...
The increase is 0-20% depending on the company you're with. Best thing to do is to ask your insurer what they're response to 2 tickets would be.
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