Location: Western Hemisphere
Posted on: 05-12-08 11:41:19
Quote:
Originally posted by chandresh
What I want to know is if anyone knows, can the cop not be in problem for issuing a ticket for 45 when the fact was 69. Can someone not argue that the cop was bribed (!!!) to bring down the fine and remove de-merit points?
The cops tend to have the discretion where if your driving record is clean, then they give you a reduced penalty. My wife recently received a ticket for driving 85 mph on a 70 mph highway in Detroit. Due to her good records, she was ticketed for 80 (much lower amount of $) and a note made at the bottom of the ticket stating her real speed.
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Dimple2001
Quote:No, this is pretty standard practice for first time offenders or drivers with clean record.
Originally posted by chandresh
Also, what I am wondering is, if it does go to court, can they really charge me for driving at 69 if the ticket and the fine is for driving at 45?
What I want to know is if anyone knows, can the cop not be in problem for issuing a ticket for 45 when the fact was 69. Can someone not argue that the cop was bribed (!!!) to bring down the fine and remove de-merit points?
The best you can do is plead guilty with an explanation.
But not much point because how much lower fine can you expect anyway?
If you go in with your guns blazing and deny the charges outright, the cop will eat you up.
Court will sympathise with the cop because he/she will claim that he/she was going easy on you and you are lying.
Don't sweat it - it's a small fine and just pay it.
Depending on your insurance company, it *may* go up - just be prepared.
My insurance had gone up because of a speeding ticket for 10KM over, no points.
If that happens, just switch insurance companies.
To answer your original question, it is common for cops to set up speed traps at places where it's hard to stay below a certain limit.
When you see a speed limit sign that seems too low for the conditions, you can bet it's a speed trap.
In Missouri in the Ozark mountains, there are stretches of road where it's hard to stay below a certain limit when going downhill (unless you have a real wheel manual and can keep shifting).
Favourite places for cops to hide out and ticket people.
Anyhow, good luck.
Location: Amidst a glow in the sky.
Posted on: 05-12-08 13:17:12
I was in a similiar situation in March this year - I contested the ticket, they said I would get a court date in 5 months. Its been almost 10 months now, I haven't heard from them.
After reading this thread, I feel I shouldn't have contested it. My intentions for contesting were just because insurance companies benefit from this situation, not the traffic department.
In my case, the cop did not mark the actual speed on the ticket, but I am sure he must have included it in his notes.
I wonder what I should do now, should I just appear in court and plead guilty or try approaching them before I get a court date and take back my case.
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Thanks for your responses.
However, my main question still remains - how can a cop say in court that he put the ticket for 45 only when I was actually driving at 69? Isn't it his duty to put the actual facts when ticketing?
So if I am called to the court, how can they change the charges to 69 from 45?
I had got a similar ticket about 3 years ago - going at 60 on 50 zone and the cop said that my actual speed was 70+. At that time I was so sure that it was not over 70 and though the ticket was for $50 or so, I decided to fight it. However, as is the case in York region - there aren't enuogh commissioners and cops to really process all cases, I never heard from them. And I am infomred that rule in York region is that if you are not called within 9 months, you cannot be called at all. So the advantage of that was that this offence never went on records (atleast for the insurance company).
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Chandresh
Advice is free – lessons I charge for!!
Quote:He did put the actual facts - as a note.
Originally posted by chandresh
However, my main question still remains - how can a cop say in court that he put the ticket for 45 only when I was actually driving at 69? Isn't it his duty to put the actual facts when ticketing?
As I said, this is common and acceptable practice.
Essentially, the cop is doing you a favour by charging you with a smaller offense than what you actually committed since your record is clean.
Even in criminal cases, this happens.
You cannot dispute the charges saying that you bribed the cop of whatever.
It will not fly with the court at all.
If you like, go to a traffic court during busy time of the day and watch the proceedings.
You will see lots of such cases.
G13:
If you are in toronto, you may get a second chance to plead guilty at a lower fine even with the govt attorney (?? Don't remember the exact name). Read something about it in Star a few months ago - can't find the link now. Essentially they will give you an offer to settle before the court date.
Chandresh:
I guess based on ur previous experience, you may want to take the chance again. For all you know, you may pull it again. Depends how lucky you are. On the other hand, you were clocked at almost at 175% of the speed limit. It is also quiet possible that they will pull your traffic record at the time of court appearance and dig out the old ticket as well.
In any case, if you are fighting, do keep us updated ;-) Some one else also may benefit from your experience.
Location: Amidst a glow in the sky.
Posted on: 05-12-08 17:58:36
Quote:
Originally posted by viggy
G13:
If you are in toronto, you may get a second chance to plead guilty at a lower fine even with the govt attorney (?? Don't remember the exact name). Read something about it in Star a few months ago - can't find the link now. Essentially they will give you an offer to settle before the court date.
Thanks Viggy.
I got the ticket in Richmond Hill, so that possibly does not apply for my case.
I hope what Chandresh is saying is true about the 9 month thingy in York Region. I've also read somewhere that there is a clause that if the court cannot arrange a date for your case within 8 months, then they are depriving you of your basic rights and your case gets dismissed (if it is a minor one)....
Not sure about the authenticity of this info though!
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No trees were killed by this post, but a large number of electrons were terribly inconvenienced.
__________________________________
George Malley: Hey, would you, uh, love me the rest of my life?
Lace Pennamin: No. I'm gonna love you for the rest of mine.
__________________________________
None of us knows God until someone introduces us - Life of Pi
