View Full Version : In Desperate Need of a Legal Advice for a Ticket!


drivetolive
04-13-2008, 12:20 PM
Well last Friday (April 4th), i received a speeding ticket heading north on the 400. The cop said he clocked me going 160, he was an undercover/detective i believe because he had no uniform, just a suit with a big jacket over it. Plus it was an impala car, not sure if it was unmarked though, because this happpened just after midnight and i couldn't see too well, but no lights on the roof. I knew something was wrong because i saw a car tailgating me on the off ramp (in my head i was like F**K!!!), so i just minded my own business and got stuck at a red light on the off ramp. Next thing i knew a guy in a suit was walking up to my window and knocked on it, showed me his badge and asked me the usual (you have any idea how fast you were going, etc). He let me off with going 120, but he wrote down 160 on the ticket under the "code" section, saying that if i were to fight it he would tell the judge i was really going 160.

What would you guys suggest i do? Should i fight it? Can they increase the ticket and imply the 50 over law?

The cop was really cool for letting me off, thank god he wasn't a prick and he let me off lightly. But i just don't wanna take the insurance hit, really can't afford to. But i've heard that your first time conviction of a speeding ticket doesn't spike your insurance rates? Is this true? I am only a G2 driver.

A quick response would be great because i only have until this Friday to make up my mind as i only have 15 days from the time of receiving the ticket to decide. Thanks in advance.

Cherif
04-13-2008, 05:01 PM
I have had a hard time fighting speeding tickets on technicalities. Montreal judges show very little patience. It will come down to the judge asking you whether you were speeding or not and then will turn to the cop what method he has used to measure your speed and whether that tool (whether onboard radar or his speedo) has been recently calibrated, to which the cop will most likely answer yes. You're pretty much toast after that. You may try to negotiate points off with the judge and depending on their mood you might save 1 or 2.

Just my experience... Good luck which ever way you decide to go...

alexkid
04-13-2008, 05:43 PM
First off ask yourself "was I actually doing 160" if you are (with a g2 license) you need to understand that your abstract will be hurt badly if you get convicted, there is no such rule when holding a g2 license that speeding does not spike your insurance if it is a first offence

.... Actually you prob wont get renewed in the next year, if you get hit with this conviction.

Plead guilty to the 120kmph , as it only is a minor infraction (110 dollars at most + admin charges), and you more then likely will not have points taken away from you (I dont even know if you have any with a g2).

Negotiate with the judge and show them how "sorry" you are for being a fool, and they bay even help you out more, if you please not guilty and the cop shows you are toast.

good luck

drivetolive
04-13-2008, 07:14 PM
The ticket was 95 dollars total after everything (whatever those extra fees are). It takes away 3 demerit points, and i have a total of 6. My policy gets renewed next March, but i will be getting my G in September (before the renewal). Will this is in anyway help out with the rate? Insurance Hotline quoted me with only a $30 difference a month (not great but will do) with the ticket as opposed to without it, anyone know how reliable this information may be?

A lawyer i was speakng to with said that i could try playing cat-and-mouse with the cop, does anyone have any experience with this?

I'm just afraid that if i fight it they will increase the penality/fine and imply that 50 km/h over law. The lawyer i was speaking to said that they can, but it is likely they won't.

fotcbmw1
04-13-2008, 11:58 PM
15 kph over is the lowest conviction that has no points, so you could try getting the court to lower it to that. However, it was already reduced so they may not go for it.

And yes, they certainly can find you guilty of the higher speed....fyi.

Drive safe.:)