Is it worth fighting? 60 in a 50 ticket
#1
Is it worth fighting? 60 in a 50 ticket
Coming down McGlaughlin towards Eglinton, got booked doing 78 in a 50 zone. He wasn't using a radar, he was actually beside me further back and estimated what I was doing based on his speeds. When I talked to the officer I said I was doing 71 and thought this was a 60 because there was no posted 50 sign. (I honestly thought it was a 60 zone.)
He reduced it to 60 in a 50 to avoid losing points. $40 ticket.
Would you guys just pay it off, or would you fight it for the hell of it? I mean he can't say he reduced it or he'll get in trouble, all they'll see is I was 10km over.
He reduced it to 60 in a 50 to avoid losing points. $40 ticket.
Would you guys just pay it off, or would you fight it for the hell of it? I mean he can't say he reduced it or he'll get in trouble, all they'll see is I was 10km over.
Last edited by Yungstar; 06-01-2005 at 09:29 AM.
#3
I think most people would just pay it. But since your asking I have to wonder if you have had other speeding tickets.
It is admissable for police to "pace" your vehicle to determine speed. For the officer to establish that you were doing 78kph he must have been doing near the same speed. In other words he probably accelerated to 78kph to match your speed.
Should you wish to take it this matter to trial the JP may bring the ticket back up to 78kph, and adjust the fine and points accordingly. Its not done very often, but it can be done.
It is admissable for police to "pace" your vehicle to determine speed. For the officer to establish that you were doing 78kph he must have been doing near the same speed. In other words he probably accelerated to 78kph to match your speed.
Should you wish to take it this matter to trial the JP may bring the ticket back up to 78kph, and adjust the fine and points accordingly. Its not done very often, but it can be done.
#4
This is my 2nd ticket in 3 years of driving (turning 21 in a several months.) The first is still pending as I have a date set for November (no points to be lost on that either.) Other than that, just the occassional parking infraction.
In reference to the JP bringing back the original speed; are they allowed to do that? I was under the assumption that cops technically are not suppose to reduce speeds as it is a form of fraud basically, and when writing a ticket they cannot metion that it was reduced leading to there being no evidence put into the system regarding the change.
If they are allowed to make that change, I guess I am probably better off paying the fine?
In reference to the JP bringing back the original speed; are they allowed to do that? I was under the assumption that cops technically are not suppose to reduce speeds as it is a form of fraud basically, and when writing a ticket they cannot metion that it was reduced leading to there being no evidence put into the system regarding the change.
If they are allowed to make that change, I guess I am probably better off paying the fine?
Last edited by Yungstar; 06-01-2005 at 11:47 AM.
#5
what's written on the ticket is what you're being charged for; they can't change the speed. even if he made a note in his little black book of the actual speed that you were caught doing, bringing that up in court on his part would jeopardize his career. he would be dealt with accordingly by his supervisor and in turn, they would either throw out the case or simply be dicks about it and charge u with the offence of doing 10 over.
#6
Originally Posted by H8COR
what's written on the ticket is what you're being charged for; they can't change the speed. even if he made a note in his little black book of the actual speed that you were caught doing, bringing that up in court on his part would jeopardize his career. he would be dealt with accordingly by his supervisor and in turn, they would either throw out the case or simply be dicks about it and charge u with the offence of doing 10 over.
You also have to remember that police have "absolute jurisdiction" when it comes to provincial act offences such as those found in the Highway Traffic Act. This is what gives them the authority to reduce a speeding ticket, or simply give the driver a warning.
#7
They can do it i got cherryed for 25 over in a 90 an an he reduced it to 10 over an told me if i tried to fight it the initial charge would be brought up an point with it . in such i would have lost if i tried so i took the 50$ fine an no points.
#9
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