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Old 10-13-2007, 04:24 PM   #1
charles_316
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help: speeding ticket

Today, I got a really stupid speeding ticket.

It was at one of those streets that suddenly drops from 70km/h to 50km/h. Even worse, I was driving down a hill that bends around... was not even pressing the gas pedal and apparently I was doing 82 in a 50 says the cop. I don't even think I was doing 82... prolly 70 if anything... Also, I had went into the left lane to just pass a truck and was stopping for a red light ahead.

The cop was a total ******* and he was really profiling me I think cuz of me being young and driving a white bmw. "Don't make me take out a kleenex box for you. I'm not dropping it down at all" "You should just be taking buses around" etc etc...

What's the best thing to do from here? I think this is the dumbest ticket and do not want to gain demerit points.


Also, he made an error on the ticket saying there were no witnesses when I had a passenger in my car... misrepresentation?
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Old 10-13-2007, 04:29 PM   #2
Soldo
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The passenger in your car does not count as a witness. Fight the ticket for sure. Especially if the cop didn't reduce it, it will get reduced in the courts just by you showing up!

Sorry to hear about your experience, i've had my fair share of prick cops, and man i know the feeling!
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Old 10-13-2007, 08:57 PM   #3
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There ar esome great online info on this on the net. I will try to find some.
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Old 10-14-2007, 01:51 AM   #4
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this website has all you need to know, you are welcome: http://www.magma.ca/~fyst/
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Old 10-14-2007, 02:46 AM   #5
summit425
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what area was it??
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Old 10-16-2007, 08:43 AM   #6
charles_316
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thanks for the link

hamilton area
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Old 10-18-2007, 12:32 AM   #7
charles_316
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I just noticed he messed up the year of my vehicle on the ticket... he put in 2008 when it is actually 2003.

Does this matter at all?
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Old 10-18-2007, 02:32 AM   #8
summit425
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According to popular belief, which may have stemmed from the old Summary Convictions Act, that minor errors* on the ticket will make it void. This is not true anymore. If your name on the ticket is spelled incorrectly, this is not a fatal error. As long as the right person is standing in front of the court, and the police officer can identify you, the name on the ticket does not have to match your name exactly. Other minor errors, such as license plate, the defendant's address, and license number etc. will not affect the validity of the ticket. The error must be major enough in such a way that it will mislead you into preparing a defence. An example would be an offence that is not known to law (e.g. speeding 40 km/h in a 63 km/h zone.) Other fatal errors include missing police officer's signature, missing defendant's name, identification and signature etc. If you are not sure whether your ticket has a fatal error, it is better to plead not guilty anyway. The judge will decide whether the error is fatal and if so, he will dismiss it. Don't assume a small error will void the ticket and toss it out yourself.

maybe you are in bigger trouble since you didn't renew your registration J/K

I guess it doesn't matter since they only care about who was the driver not what car you drove.

Last edited by summit425; 10-18-2007 at 02:36 AM.
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Old 10-18-2007, 06:02 AM   #9
Meegis
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Quote:
Originally Posted by charles_316 View Post
I just noticed he messed up the year of my vehicle on the ticket... he put in 2008 when it is actually 2003.

Does this matter at all?
He did not mess up... year is the validation date of your license plate sticker, not the year your vehicle was made.
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Old 10-18-2007, 06:16 AM   #10
BGSport318ti
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If worst comes to worst, and you still have not gone to court email me and i can help you out. I used to work for the Hamilton Police Service, I know some guys that might convince the officer that stopped you just to miss the court date...therefore dismissing the charges. corygalton@rogers.com
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Old 10-18-2007, 07:11 AM   #11
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hey i have a red-light ticket (made a right turn on yellow-red light w/o full stop), and the same thing happened...the cop wrote down 2008 for "year", but my plates had June 2007 stickers....anyways i have asked some people and most people are saying that it will not void the ticket. One guy suggested, however, that I should use that to prove that the cop was not paying attention and that I actually went on a yellow, not red.

In short: the mistake on your ticket most likely will not void it
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Old 10-18-2007, 09:11 AM   #12
T.Dot_E30
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I don't see how it was a really stupid ticket, when you actually were speeding?

In any event take it to court and hope for the best.
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Old 10-18-2007, 05:24 PM   #13
stiffy
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You have the option of meeting with the prosecutor in advance of a court date to plead your case. The prosecutor has the ability to reduce the km's over the limit and the fine. First, go to the court office indicated on the ticket (probably downtown Hammy) and go to the desk to indicate you would like to go to court. They will offer you the opportunity to meet the prosecutor first. Accept this. Take a copy of your dirving abstract (assuming it's clean) with you. Take pix of the area if you feel there might be some ambiguity about the limit there or other conditions that lead you to accidently speed. The prosecutor will consider all of this, then give you his/her decision. This decision is NOT binding. If you are not satisfied with it you can still go to court. If you do accept, they will take you down to a courtroom to see the judge and officially accept the new charges. If the prosecutor is kind enough to knock it down to 15 over, there are no points. Wham, bam, thank you ma'am.
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Old 10-18-2007, 07:59 PM   #14
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Last year I got pinched 73 in a 40 my bad yeah in to much of a hurry, for the record I haven't been stopped for two years and that one was 14 over in a 60 zone, As I depend on my drivers lic for a living the city takes a dim view of any speeding violations on your record and this is a four point hit I knew I had to hire someone to handle my case.The court date was Oct 17 and I had hired Paolo Magno & Associates to represent me, nice guy I originally had told him I had renewed my racing lic he just smiled and asked what kind of car do you drive? BMW I said, I understand was all he said. So this morning I received a call from him telling me all charges dropped. I don't know if the cop showed up or not or what he said in my defense all I know is that its over. In retrospect ,as a person who sets up speed watch display devices on our streets I should have been paying more attention to the posted speed, in a hurry is no excuse I just got lucky. Paolo Magno & Associates 416-246-1713.
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Old 10-18-2007, 08:29 PM   #15
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He probably plays golf with the prosecutor. Congrats, one less stress point to deal with.
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