Dear Fellow CDs

My son got a traffic ticket for over speeding (120 kmph in 100 kmph zone). Traffic cop told him that he has reduced this from the actual 140 kmph. His ticket is for 100 $ in fine and 3 demerit points. He wishes to contest the ticket but have his exams in very near future. Even to get a court date he has to go Cambridge (he is in Windsor). What are the implications of accepting the charge as it is, on insurance and others? Can he get a court date on phone?

Ben

Ben,
I suggest that he file an objection in court. The date maynot come for atleast 3 to 6 months. Even if it comes, he can postpone the date by filing an affidavit.
As far as I have seen, one initial ticket does not affect Insurance. I hired a traffic ticket consultant but he did not do a good job. I got the conviction despite hiring them, Once the conviction came, they asked me to come and sign an affidavit for reopening the case ($10). This was not submitted to the court properly and my fine went to the collection agency. I was told to pay the fine immediately ($135 fine with taxes and charges came to $165) by the traffic ticket consultancy or that my license would be suspended. I paid the fine and then again filed for reopening the case. I have got a court date for Sept. 20th for which the traffic ticket consultancy told that i need not be present.
In the meantime, My insurance came up for renewal and the rates were lower than what I was paying.
I suggest that you son file his objection by himself and hopefully he can throw out the ticket by representing himself. Though I paid around $600 to throw my ticket, I am not satisfied by what my traffic ticket agent did to me.
If by chance, you get a conviction without a court date (as it happened in my case), you need to file an affiidavit in court. I am sure that you son can do it by himself as he is a student and does not do a normal 9-5 job.
Hope this helps.
TK A

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I am a Gents and not a Ladies.

Thanks so much TK.
These days my son is going thru his exams and so is quite busy. So can he get a trial date on phone, or he need to go there in person? Can some one elese get a date for trial on his behalf? He is in Windsor and dealing court is in Cambridge.

some other questions are,
The cop told that he is giving ticket for 120 from actual 140. Will it show on record, or will it effect the trial eventualy?
My son, also his friend who was co-passenger says the speed was never more than 120 as the vehicle was on cruise control at 120. Will statement of his friend will hold any ground.
One traffic ticket lawyer told to my son that since you (my son) accepted the fault so it is not easy to contest. Is there any option of ‘Not accepting the fault’ at site of incident? How you do that. I hear this may make the traffic cop more furious.


Ben

Ben,
Any one can file for an appeal in courts. But it has to be filed in person. There is no scheduling over the phone, though you can talk to a CSR about your case once it is filed and you receive a trial date.
If the cop gave your son a ticket for 120 km/ hr, then it is 120 km/hr. The cop canot and will not state in the court that for 140km/hr, he gave a 120 km/hr ticket. He may lose his job. However you can argue in court that the cop told you that you were going at 140Km/hr but instead have you a 120km/hr ticket and this argue with the judge that either the radar was wrong or that the cop was wrong.
Once you pay the fine and donot file an objection that only will mean that you accepted the fault. Just by receiving the ticket does not mean that you accepted the fault. Your son/ his representative should file an objection soonest in person.
Having a witness (friend) in the car is a blessing in disugise. It now becomes 2 against one. I am sure that your son and his friends themselevs can throw out the ticket
All the best and do keep the forum informed about the progress.
TK A

Sidenote : There is another thread about this subject in which a poster has given some links which detail out as to how you can fight the ticket in court by yourself. It is a very good read. Please use the "Search" option in the forum to find that. I could help you but I can post only one post in 4 hours. Srry for not being able to give you the links.

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I am a Gents and not a Ladies.

TK who was ur traffic ticket agent ?
How much was his fees?

I got a traffic ticket last septemeber ...$85 fine with 3 demirits points....

I went to a paralegal(SOS Paralegal) he took $120 dollars..

last week was my court date, ... Now i have to pay only 30 $ in court fees and no demirit points...

So in total it cost be $150 (120+30) dollar to save my points.

Hi Tigercnada,

$120 seems to be very reasonable price. can you PM me his contact detail.

Ben