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I have zero faith in the vast majority of traffic paralegals in Ontario. I've seen way too many get a ticket knocked down 10 km/h and bill their client. Anyone with a pulse could have done the same thing. I try not to spend much time in court, but during my time there, I have never seen a paralegal do anything useful. Redline/Forge seemed to be better but have now scattered and I haven't heard much about their recent success.Sounds like this might be a case of double jeopardy, where you can't be tried for the same crime twice:
Double jeopardy - Wikipedia
Definitely consult with a lawyer, or possibly a paralegal.
Technically she didn't get two tickets for the same crime. If they gave two tickets for 111 in an 80, that may matter (although that shouldn't disappear both charges, just one). Also, she hasn't been tried for any crime yet, just accused.Sounds like this might be a case of double jeopardy, where you can't be tried for the same crime twice:
Double jeopardy - Wikipedia
Definitely consult with a lawyer, or possibly a paralegal.
Maybe because the road speed changed it's technically not 2 ticket's for the same infraction?
@hedo2002 where you at?!
Very possible. Maybe also because of the fact that they fall under two different ticket categories it further differentiates them.
Exceeding speed limit by 30 to 49 km/h — Section 128 (b) — 30 km/h or more and less than 50 km/h — 4 demerit points
Exceeding speed limit by 16 to 29 km/h — Section 128 (c) — more than 15 km/h and less than 30 km/h — 3 demerit points
Either way this cop likely knew exactly what he was doing, and yes it would be good to hear from someone with experience.
This was a car but that is immaterial to the discussion.Speeding on motorcycle or driving a car?!
Ok sorry for getting to the party late Greyghost, I will try to be as helpful as possible, while addressing all the misinformation being spewed forth..lol
Firstly, there is NO reason radar can't be used in speed limit transition areas. A JP "may" view it as a bit of a d bag move if the accused goes from a 80 zone to a 60 zone and the officer dings them for 75 in a 60 the SECOND they enter the new zone. BUT, that doesn't mean the ticket is valid, MOST JP's wouldn't know or care.
Double Jeopardy is MUCH more of a US thing, than it is in Canada, Same as there is entrapment in the USA, but not in Canada, (Supreme Court of Canada has ruled an officer can't "make" you commit a crime, you were never prepared to commit if the circumstances presented themselves), therefore, you can't be entrapped in Canada. Having said that Double Jeopardy refers to being found NOT guilty of an offence, then the crown, (not liking that verdict), again charges you for the same offence again. Also, in this case, the driver was charged with two SEPARATE offences, (albeit within a few seconds of each other).
As for timing on the actual tickets. The officer looks at his watch, (say it is now 10:20, so the ticket gets written up as 10:17, deducting time for the actual stop. Although, they list the same time, it could be they "occurred" at say 10:17:10 and 10:17:57...lol
Now what would be the MOST likely scenario is the crown at first appearance, will go with the first higher ticket, (unlikely to offer ANY form of a reduction, in exchange for "dropping" the second infraction). Once you agree then you will go into court, (I prefer to go in to observe the proceedings and ensure the deal is stuck to)...lol
GreyGhost you are SPOT on, with not going with a paralegal, as they crown will offer them the exact same thing, (which they will take), and call it a "win" so your on the hook for their fee. I suspect one with somewhat suspect ethics may even ding you a double fee as they "defended" you on two charges....lol
Fee for a lawyer, will as you suspect exceed the potential fine and insurance ramifications.
I am sure your an honorable man and will immediately advise your insurer so they can jack your fees ASAP...LMAO Because, I would never suspect someone would avoid higher premiums by not advising their insurer.....
As for the officer's actions, they were within the scope of his/her duties. It could be that he/she just lucked out, and got your wife, as the speed zones changed, it could also be this officer knows this area to be an issue, and waits for his/her next victim. Although technically permitted and legal, I personally, (especially if this officer does it on a regular basis, it would be a true Dbag move
Best of luck, at first appearance.
Entrapment.. in Canada.
B.C. bomb plotters set free after judge rules RCMP entrapped pair
It's just a bunch of words to make you feel warm and fuzzy about them. Hence the change from Police Force to Police Service.The policing for profit thing bothers me. The police motto used to be "To serve and protect". Now it's "To serve and collect".
Well, It was much easier to "Serve and Protect", Back when I started my career, (before many on this forum were even a wet spot...lol). Back then, you pulled someone over, you gave them a "talking to", and MOST people took that to heart, and respected the rules, the uniform, and the authority. People like meme did in the thread took responsibility for THEIR actions.
Today there is a general lack of respect, (not JUST towards police, but towards most every thing and everybody else). Today, it is never MY fault, my mother didn't love me enough, my teachers were mean, etc etc etc.
Also, the politicians are somewhat to blame in the perceived shift from serve and protect to serve and collect, in that in the past things like court houses, didn't require the level of security, we see today, way back IF, there was "security" at the courthouse it was an elderly commissionaire, sitting at a security/information desk. Eventually, the court security, and some other administrative duties got transferred to the police, and subsequently, came from their budget.
To appease, chiefs of police, the government, made the change that ticket revenues would be shifted from the AG, to the police. Therefore, the more tickets written the higher the revenue stream Also many other "accounting" practices got changed, IE the police vehicles used to be considered "city property" as such the costs associated with said vehicles were bore out by the city. Then the police got their own budgets, and more and more costs got downloaded. The Chief, just like any other city department, can't run a deficit, so they need to generate more funds to balance the budgets.
Most officers disdain traffic enforcement. It used to be viewed as a "disciplinary technique" You screw up, heres your radar gun go out and catch speeders all day, every shift. Now it is dedicated department, within the service. But MOST officers will do as little time as they can, but, it is seen by the brass as a necessary step for career advancement.
As for the name change from Police FORCE to police service, was one brought about by snowflakes that "felt" the term force made them "feel" bad, and afraid of the police. It truly was only used in verbal conversations. The signs on buildings had ALWAYS said Toronto Police Department, which was the Official, moniker. It was more media, and such that referred to it as a police force. If you were TRULY afraid because it was called a police force, you should still be afraid, as it is for the most part still the SAME people doing the work...lol.
Same thing happens today in other organizations. The ATV club, I used to be involved with had Trail Wardens, which patrolled the trails ensuring people had bought their passes, (same as snowmobiles). Then along came the special snowflakes and the name had to be changed to Trail Patrol, as the word Warden was viewed as too harsh and too "militaristic"....lol
She spoke with the prosecutor. Prosecutor was surprised at the two tickets. The plan is to drop 31 over and plead guilty to 29 over. No need to attend court, you call in and talk to the JP. Hopefully it works.
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