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If the cop was ok with a 10 over, why didn't he write that ticket?
Track is my Crack - but I'm not fast - yet.
'08 Ninja ZX-6R
Originally Posted by Bandit Bill
Oh Sweet Jesus ... my eyes, someone stab me in the eyes to take that image away!!!!
You can get ticketed for ten over? I assume that's 10 km over? Damn. That's only 6 mph. Most places here in the states don't even look at you until you're 9 mph over the the speed limit, and they usually let that slide unless you're doing something stupid.
I looked up the fines for speeding here, and they don't even start until 7 over.
A prosecutor cannot amend the information in the ticket before trial. "Amendments to a Certificate of Offence are to be done only in court after due consideration by the Court."Originally Posted by Slasher77
If the prosecutor does, appeal!
Security transcends technology
Take it to court, period. The nice officer can change his mind or forget his promise just as easily as anyone else. That wouldn't mean he's not a nice person, just like you fighting the ticket doesn't mean any disrespect towards him. Never voluntarily relinquish control over your rights.
NOTE: I don't visit this board frequently and do not accept private messages. You can reach me at GTAmotorcycle[At]aca{dot.}cc
My country is the world and my religion is to do good. - Thomas Paine
I got a ticket for 5 over last year. I was clocked at 27 over, but the cop was almost apologetic when he pulled me over and reduced it to 5 when he confirmed my driving record was squeaky clean. I admit of being guilty for not fighting that one. It was just $27 and no points so I was too lazy to take it to court, but It may come back to haunt me if I accumulate more tickets within this 3 year period. Insurance companies don't care if it's 5 over or 45 over, every ticket counts.
NOTE: I don't visit this board frequently and do not accept private messages. You can reach me at GTAmotorcycle[At]aca{dot.}cc
My country is the world and my religion is to do good. - Thomas Paine
they got me off an alleged 68 over - before the stunt law.
Whatever I just typed was probably meant to be humorous with a tinge of sarcasm, so, please take it that way. It's also not intended as a personal attack, so, don't take it personally. It is afterall, just a semi-anonymous post on the internet.
Thats pretty amazing getting off 68 over, did you guys get off on some sort of technicality or did they beat the radar gun?
I requested a court date yesterday, so I guess I just have to wait for a notice, also its interesting to hear you guys say that a conviction even with no points still can be used against you with your insurance co. But thats 2 times this year a cop has told me otherwise, when I got my ticket in my car this year the officer told me that he dropped it down to where I would get no points and no problem with my insurance co. And this cop told me if I was worried about insurance that he would accept 10 over no points in court. I wonder if they have no clue about what you guys are saying or if they are giving me bad advice on purpose just to get a conviction, if thats the case I don't feel so bad about taking it to court.
bah...you got busted at 26 over...by him having you come to court and throwing off a work day is a reminder to watch your speed in his area...if he's cool about it, let's it drop to 10 over, i would say take it...go to court and get them to drop it down, wait and see what the prosecutor says...maybe the guy won't show up...
I would like to beat it all together if possible, I no longer want 10 over as I have a no point ticket this year and a accident on my record(my fault 2 point ticket). I don't want a conviction at all if its gonna go on my record and my insurance co can jack my rates up.
Not sure what the cop did, but apparently he radar me at 16 over, then paced me at 68 over ??? He didnt show to court, AND in his disclosure he mentioned a model of radar gun that did not exists?? and alot of other incorrect information.
The court was going to postpone until the cop could show up another day (not drop the case there and then) because the charge was pretty serious, i got 2 others at the same time.
Using RedLine helped alot, because the courts know them and my representive explained that he was going to eat up so much of the courts time and make the cop look bad because of the radar gun issue and other disclosure notes the prosecutor dropped "all" the charges - and i was going for a all out drop of the charge, i didnt want a lesser charger because it was so BS from the get go. Redline is very professional in what they do, and wouldnt think twice about using them again - hopefully i wont need too.
The point of this is, use redline if your not comfortable doing it yourself, they may be able to find a loophole or other way of getting you off with no fine or charge at all.
Whatever I just typed was probably meant to be humorous with a tinge of sarcasm, so, please take it that way. It's also not intended as a personal attack, so, don't take it personally. It is afterall, just a semi-anonymous post on the internet.
Any part of the certificate can be amended before trial.
The prosecutor will make the request and the reasons, such as the location of the offence or an incorrect spelling, or even an admentment of a charge. The JP will make his decision.
This is no different when you agree to plea to a lessor charge. The Clerk will read the new admended charge and the person ususally pleas guilty. You can basically appeal any decision the court makes when it comes to what you percieve to be a mistake in procedure, your case will be heard but make sure you have case law to back it up.
Got that right. Anything <= 49 km/h is still speeding, and your premiums will go up regardless if you take option #2
Fight it since he did not put a "R" reducution on the ticket, and maybe he doesnt show up. Even if you charge sticks, perhaps the JP will reduce the fine.
He did put a R on the ticket, also its option 3 which is trial, my mistake.
I got pulled over in Michigan once for 18 mph over, and the officer reduced it to 5 over. On the back of MI tickets states anything from 1-5 mph over the limit is ~100$ fine while 6-11 is something ilke 120$. Now that's wack
Are we getting each other confused with the wording?
What do you mean by "before" trial?
Then, you said the JP will make his decision
If it is before the trial, how can be the JP be present?
Or do you mean that the prosecutor will file a motion before the trial?
As well, I disagree /confused with your wording of "Any part of the certificate can be amended... " because there are some things that cannot be amended!
Security transcends technology
I mean before any trial begins the certificate has to be read into court, still called an arraignment even in POA court. This is the oppurtunity that the prosecutor can if he or she elects to amend any information before the court. Any Information can be amended before the JP hears any evidence. It is up to either side to argue why it should be amended or shouldn't.
Are we getting each other confused with the wording?
What do you mean by "before" trial?
Then, you said the JP will make his decision
If it is before the trial, how can be the JP be present?
Or do you mean that the prosecutor will file a motion before the trial?
As well, I disagree /confused with your wording of "Any part of the certificate can be amended... " because there are some things that cannot be amended!
The Original Information signed by a JP prior to the court date can be amended to fix any errors. But the JP hearing the case has the final judgement before this happens.
How do you think it is possible for a person, who prior to having his case called made a plea agreement with the prosecutor have the charge changed. Before the JP hears the plea the information(certificate) has to be officially admended before the trial begins. But again, after hearing the facts the JP is not bound by any prior arangements made between the defendant and the prosecutor. Although they rarely exercise that option.
About that only thing that will never be allowed to be admended is if the officer forgets to put in the set fine or a section number of the offence under what ever act the person is charged, although most of those mistakes should be caught when the ticket is first brought to the JP's office to be confirmed.
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