Reply With QuoteFrom what I understand the charge is not changed.
The Violation is HTA Sec 128 - Speeding. Since that does not change, then you are still deemed to be informed of the offense.
The variance in how much does not matter up to 49 kph over the limit.
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Moderator
Absolutely correct. If the charge is amended then you should have reasonable time in which to prepare to defend that specific charge. If not, then your rights have been abridged.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
From what I understand the charge is not changed.
The Violation is HTA Sec 128 - Speeding. Since that does not change, then you are still deemed to be informed of the offense.
The variance in how much does not matter up to 49 kph over the limit.
Moderator
The charge is under the same section, but the specifics have changed. That will effect how you fight the charge.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
hehe, so instead of BSing why you were going 15 over...now you gotta BS why you were actually going 44 over
but I believe that is true, since it has been changed...you need time for a proper defense
Originally Posted by gnatwest
11(a) covers "economic prejudice" as posted, meaning that if the proceeding impacts the defendant’s finances in a more severe manner, the prosecutor has to inform of the change "within a reasonable time".
It is obvious that a higher fine, and additional demerit points, are more serious than a lower fine with no points, even if the section of the HTA is the same...
I already posted the best example I found, a defendant decides to go to court without a lawyer for a minor ticket, that then is changed to a serious ticket... if the prosecutor had informed the defendant in advance, then he would have obtain legal representation instead of going by himself
Security transcends technology
After re reading I now agree.
I think that the evidence of being clocked at a speed higher than the charge is still admissible though.
Cop Testimony (Example)
I tested my radar, observed a Honda at approx 140 kph. Radar confirmed speed of 138 kph. I pulled the Honda over after and issued a reduced charge of 115 kph in a marked 100kph zone.
At this point with reading all of your responses, I think I'm going to need some help with this one. I was thinking of using a agency (Points, X-copper, etc..) to help me out with this one.
Redline seems to be the most talked about agency on this board. I have no exp with them, but word is they are the best.
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