Posted on: 05-07-10 13:12:07
Folks ,
I need some sincere advice here ... While driving back to Toronto last night , on a regional highway , I was ticketed for : PASS ROADWAY NOT CLEAR : OVERTAKING TRAFFIC ..... a fine of $85/- and probably 2 demerit points ....
The situation was as follows :
a. An up & down going road .
b. 2 vehicles in front of me , the second being a tow truck .
c. I started passing at the broken lines on my side , no oncoming traffic in sight .
d. As I was passing the 1st vehicle , it accelerated reducing my distance to get in .
e. Slope started uphill , broken lines turning into solid .
f. Spotted oncoming vehicle , farther away .
g. Decided to speed up , pass the towing truck and zip back in the lane .
The Officer said it was risky and I agree ... it looked good when I started the maneuver , but due to the 1st driver increasing speed , I had to decide to pass the second vehicle also ....
This is the story .... I am on G2 license currently .... my options are
1. Plead Guilty with explanation .... Can they / will they offer to remove demerit points in this case ?
2. Appeal and go for a trial , hoping to explain my story to the Judge .... it was very judgmental and circumstantial as the road was up & down ...
Can I appeal for a trial and at the time of hearing , plead guilty with explanation ? As I need to decide now which option to take ? Either case , I would try the-officer-be-absent strategy .......
Will my Insurance go up ?
I ve read a good no. of posts on CD this morning and really some good advice from Hiren and TK ... I would appreciate pointers to my specific case please .....
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Fido.
Quote:
Originally posted by Fido
Folks ,
I need some sincere advice here ... While driving back to Toronto last night , on a regional highway , I was ticketed for : PASS ROADWAY NOT CLEAR : OVERTAKING TRAFFIC ..... a fine of $85/- and probably 2 demerit points ....
The situation was as follows :
a. An up & down going road .
b. 2 vehicles in front of me , the second being a tow truck .
c. I started passing at the broken lines on my side , no oncoming traffic in sight .
d. As I was passing the 1st vehicle , it accelerated reducing my distance to get in .
e. Slope started uphill , broken lines turning into solid .
f. Spotted oncoming vehicle , farther away .
g. Decided to speed up , pass the towing truck and zip back in the lane .
The Officer said it was risky and I agree ... it looked good when I started the maneuver , but due to the 1st driver increasing speed , I had to decide to pass the second vehicle also ....
This is the story .... I am on G2 license currently .... my options are
1. Plead Guilty with explanation .... Can they / will they offer to remove demerit points in this case ?
2. Appeal and go for a trial , hoping to explain my story to the Judge .... it was very judgmental and circumstantial as the road was up & down ...
Can I appeal for a trial and at the time of hearing , plead guilty with explanation ? As I need to decide now which option to take ? Either case , I would try the-officer-be-absent strategy .......
Will my Insurance go up ?
I ve read a good no. of posts on CD this morning and really some good advice from Hiren and TK ... I would appreciate pointers to my specific case please .....
Hi Fido,
I am not a traffic ticket expert - so am amused you value my opinion so much - thanks buddy for the respect.
Anyways, I would suggest you contest the ticket and plead not guilty. I am not sure whether the cop was there with a gun or just happened to be at the scene.
If former - there are other ways of circumventing the ticket - if he was there just by chance - 99/100 chances are he will not come for the trial and all charges will be dropped.
In the event, you do have to explain, take a stand of safety and say you did so to avoid collision and/or obstructing traffic. The worst that will happen is that they will downgrade with no demerit points and lesser fines.
The question about insurance is difficult to answer - if it is your first incidence - nothing will happen. If it is repeat offence - there is 50/50 chance it will go up - if you were charged, even without demerit points.
Pleading not guilty is an option you should exercise, it is your right.
Good luck.
Hiren.
(Check your PM).
First of all Hiren , Yes your posts are very sincere and helpful -- to all ...
The cop was perhaps driving 4-5 cars behind me and must have observed me when I was passing ... He did not charge me with speed but risky passing ....
My plea is that when I d started there was no risk but due to the ensuing circumstances , risk followed and I decided to speed up and zip in ....
Yes it was going uphill when I was closing the maneuver , but not when I started ...I intend to contest and do it personally .... I wish to plead not guilty based on circumstances and safety .
If I take up the 3rd or the Trial option , is the door for 'pleading guilty with explanation' closed ? Does it happen this way -- if you plead not guilty and on the day of the trial the Prosecutor still offers you an option of less offense and no demerit points ??
Thanks for clarifying abt the insurance premium and yes this is my first offense but that does not relax me much as that slices my buffer ...
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Fido.
Quote:
Originally posted by Fido
If I take up the 3rd or the Trial option , is the door for 'pleading guilty with explanation' closed ? Does it happen this way -- if you plead not guilty and on the day of the trial the Prosecutor still offers you an option of less offense and no demerit points ??
Yes, it is still open.
When you file to contest - there is only a clerk at the processing station, who will take your application and mail you trial date for future appearance in court.
The actual process of pleading guilty/not guilty happens when you are in court - first in presence of the public prosecutor and then in front of the judge. Even if you plead 'not-guilty' and your explanation/reasoning is less than acceptable to the judge, he/she will pass a sentence with lower intensity and 99/100 without demerit points. Usually the judge are very friendly, straight forward and you can have an 'almost friendly' conversation with him/her. In your case, it seems the officer will not come.
Depending upon which town/city the offence occurred, you might have to file your application in that city/town. I believe you have an option to request a transfer to your city/town - please verify it.
Good luck and hope will post here again about your experience.
Hiren
Thanks Hiren .. I will post updates .
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Fido.
Thanks to Hiren once again ... Here are the updates .
The offence in Jul 10 , the Trial Date came up to Oct end ..... Unfortunately I could not attend and sent a representative to plead being busy and request for an adjournment .......... The plea was not granted and the case was judged in my absence and I being convicted .
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Fido.
When the Paralegal representative informed me of the outcome ( and she mentioned that the Cop was there ) I desperately searched for a recourse and found that ....
In case a judgment has been made in absence , with in 15 days a re opening can be requested which may be granted at the discretion of the Justice of Peace ...
Did that , reached and met the Justice of Peace , explained that I was busy in a critical issue ( carried my manager's note to that effect ) and requested re opening ........ She struck off the conviction and re opened the case for April as I had a 3 month trip out of Canada .
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Fido.
