kazanak

Semantics. We're still talking about ammending the charge.

gldwngr

The charge itself is not being amended or changed.

The charge is speeding. There are no separate charges in the HTA for speeding at x km in a y km zone versus doing a km in a d km zone. It's all just speeding.

The ticket may indicate a set fine, but that fine is the set fine applicable for out of court settlement if you choose not to dispute the charge of speeding.

Bring it into court though, and the game changes. All relevant evidence available, including the original speed noted in the officer's notes, can be brought forward and the JP will render a finding of fact based on that evidence even if it is more than the originally indicated out of court settlement.

Cerberus

Maybe you're not looking hard enough. Good luck in court.

ricewagon94

iTrader: (1)

I had a funny thing happen to me about a month ago. I was coming home on the 401 westbound and this guy in a Talon was right up my ***. Since there was a transport to my right, I am in the middle lane, and there wasn't enough time to merge right, my instinct told me to floor it and get some space. As soon as I got around the transport I was about to go to the right (slow) lane when I spotted something orange ahead. All this is happening at a time when I am doing about 145kmh. Sorry to anyone in blue, but sometimes you have to go fast to get out of the way. Anyways, this donkey in the Talon is right behind me. I focus on the orange ahead and realize it is OPP with a radar gun and he is aimed right at me!!! He quickly jumps in his car and next thing I know..... he busts the guy in the Talon! I am thinking to myself, thank God for minivans by this point. But it is a bit of a reminder which cars do get targeted unfortuantely. It is also the reason that whatever I drive will be as ho hum looking as possible. No sense giving someone a reason to pull me over.

I admit I could have handled that situation better, but at the time all I could think of is it is better to be judged by twelve than carried by six.

Moosexing

The officer was using either laser (target specific, which can pinpoint each and every vehicle) or radar with a fast mode (which when activated will be also able to obtain the "fastest" target reading, being the Talon).....therefore the reminder is sort of true...............getting the highest speeder, which in this case was the Talon and not your van

I will not accelerate drastically above the speed limit for anyone to pass me (except emergency vehicles with lights activated). I will not be forced down the road at a speed I'm not comfortable with either. The other driver will have to wait until I can make a safe lane change. If I'm ever hit from behind by such a moron, it will be my "cash cow" for life and a new vehicle too

ricewagon94

iTrader: (1)

Whatever the case may be, I was lucky that day.

Mak-B

Actually, he is somewhat right. I've personally had bad and good experience with cops. I once and only ONCE had a cop who showed up at the court but decided to not show up for my ticket. He had ticketed me on 10 over the limit though initially and I was comming back from work after a 14 yr Security shift. So, that ticket was dropped. Other than that, I have had cops abuse authority on me and literally verbally abusing on various occasions. I did mention to other cops before even realizing that he was there that even one ticket on my insurance will mess me up large.

I have a clean record but I am barely able to afford the insurance.

Arpus Obrut

Thanks again for all the replies.

Here's the update:

I got the disclosure a few days ago and here's what it says:
"On sat. , the 6th of august 2005 at 12.48am, P/C Michel observed a Toyota motor vehicle travelling eastbound on QEW at a high rate of speed in lane 1 of 3. P/C Michel commenced a pace of this motor vehicle from lane 1 of 3. P/C Michel paced this motor vehicle at a speed pf 160kmh for a distance of 2.5km. The area is a posted 100kmh zone."

In the notes section the only note he made was
"My speedo is broken"

Both of these are completly untrue. First of all, i wasnt doing 160 like i said before. You cant even do 160 without changing lanes/passing someone for 2.5km. There wasnt anyone on my tail except for cars that wanted to pass me occasionaly. If there was a cop car on my tail for 2.5km, i'd notice it.

"My speedo is broken" was not what i said. I said "My speedo might not be working well". But i dont think it makes a difference.

I went to x-coppers and a lawyer that someone recommended and x-coppers want 600$ to represent me and the only guarantee they offer is that my licence wont get suspended. The lawyer guarantees to reduce it to atleast 49over for 350$. They both recommended to go to court by myself and see what plea bargain the prosecutor offers, if i dont like it, i should proceed with the trial and seek legal help.

Now my question is,
the first hearing is going to happen tomorrow (friday) and i wanted to know if i should agree to 49over if they offer it, or should i plead not guilty and take it to trial. Some people said that "pacing" is not as effective as radar in court and i will have better chances.

Thanks!

wilboi

dude your lucky u didn't get suspended

FUCT

First off.. I've been where your at... no details as i really don't want to read the replies afterwards.. all i can say is.. you have a clean record.. that's +1, you were polite +2, now when you go in tomorrow.. don't worry about anything.. just relax, try to be the last in the line up of people, so your called up last... this gives you a chance to hear other charges and so on.. trust me it's beneficial... you'll also figure out if the judge is cool or not..same with prosecuter.. now when your the last person.. it makes it easier to talk with the prosecuter without being rushed by others behind, and they won't feel as rushed.. now tell them exactly what happend that night.. in detail, including the car passing you..and yes i was speeding, but only 140ish, as it was late at night, again,,.. tell the prosecuter thats no excuse but your friend was ill and you were trying to get home and so on.. DON'T BAD MOUTH THE OFFICER!!! just be nice, if they even think your lying or trying to hard, they won't help you.. then ask the prosecuter if they can help you out in any way possible as to a lesser charge, seeing that it is first offence.. and your insurance will skyrocket, and you already pay for schooling and so on, you live on your own, can barely afford to do anything... sorta like a sob story.. now see if he can bring it down to 29 over, 3 points and a lesser fine.. sometimes it works, and as i stated , since it is your first offence... you might get lucky, if not.. go see pointts and let them do that for you.. but as i said.. be as polite as possible and play it like you barely have enough money to survive...
anyways.. thats my suggestion.. sounds gay :supergay: .. but has helped me and more then a handfull of friends in these tight situations... and after all that, if all goes well .. STAY THE F*CK OUT OF THE 6 POINT SPEEDING TICKET RANGE!

Croesus

In what I've seen and heard, Pacing becomes questionable when it's over a very short distance or span of time, such as for "10 seconds", "500m", etc. The officer has you good at 2.5km doing 160km/h. At least, that's what he's going to testify to, and the judge will always take his word over yours.

That being said, if you plead guilty to a lesser offence, I'm pretty sure 49 over is within reach. FUCT suggests 29 over, but I think that's pushing the envellope somewhat.

Tomorrow is your chance to "test the waters" for yourself.. if you're not happy with what you're offerred or think you'd benefit from having an agent represent you, get an agent and go to trial.

dan123

yo guy just tell the judge u were drunk and didnt know how fast u were going. That always works.

Arpus Obrut

Thanks for the replies, guys.
The officer WAS NOT pacing me for 2.5 km, ESPECIALLY at 160, because i wasnt going that fast. The problem is that in a case like this the officer can say pretty much anything he wants, and get away with it... Why didnt he say that he was pacing me at 200kmh all the way from Cayuga?

charmz

anything 50kms/hour+ over the speed limit is a criminal offence i beleive ... i dont kno how he let you drive away from this incident ... i dont know if its considered wrecklace or dangerous driving ... but good luck with insurance bro ... if convicted its 6 points ... suspended lisence ... and a huge fine

KesaPHAT

i dont understand why some ppl talk to the poor guy...he knows what he did wrong and hopefully he learned his lesson....so if ur not gonna give him advice just dont say anything at all