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Can you fight a speeding ticket that has been reduced?

Can you fight a speeding ticket that has been reduced?

 

Getting a speeding ticket is never a fun experience and can be a costly one as well. Not only from the fine amount but also the demerit points that will be imposed on your licence. It is easy to lose track of your speed and your concern for these penalties. However, once a police officer is in your rear view with their lights flashing, the fear of these penalties being imposed quickly becomes your top concern. Typically, an officer will engage in a discussion with the driver of the vehicle while explaining the reason(s) for the stop. It is during this discussion the driver will commonly ask for a break and the officer can actually use their discretion to decide to lay a charge, give you a warning, or possibly a reduced charge. For example, an officer could clock you on radar going at a speed of 30 km/hour over the speed limit, but in fact charge you with an offence of speeding only 15 km/hour over. This reduction is significant as it now lowers the charge from a serious 4 demerit point offence, to a charge that carries 0 demerit points.

 

When an officer reduces the charge many believe they can not fight the ticket or risk facing more serious consequences. Let’s take a look at the common myths and questions asked when it comes to fighting a speeding ticket that has been reduced by an officer. 

 

Can I still fight a speeding ticket if the officer reduced the charge at the roadside?


Yes, you can still fight the charge and obtain the officer’s evidence even if he reduced your speed at the roadside. You have the right to obtain this evidence and begin the dispute process with the court and exercise your legal rights. However, later on in the court process, it is important to know the risks one faces if they proceed to a trial in their matter. 

 

The officer said if I fight my speeding ticket they will put it back to a higher speed automatically. Can they do this?

 

No, the officer has no authority to increase your charge just because you have chosen to fight the ticket and obtain the officer’s notes. You have the right to dispute the ticket and obtain the evidence against you. It is only once you enter into a trial that there is a possibility of the speed increasing and it is only once the prosecutor makes a formal application during the course of the trial. 

 

As your legal representatives, we would be able to obtain the evidence against you, negotiate with the prosecution to have your charge reduced or entirely withdrawn, all while never exposing our client to an increase in their charge. We can guarantee you that your speed will NOT be increased.

 

Does the court automatically increase my ticket if I have a trial on a reduced speeding ticket?

 

No, it is not automatic. However, you will have a hard time finding a Justice of the Peace that will not increase the speed back to the original if properly requested by the prosecution. And remember, this can only happen once a trial is entered, there is evidence of a higher speed, and the prosecution has relied upon the case law of “R v. Winlow”. This is important case law that permits the court to increase an defendants speeding charge if there is evidence of a higher speed at trial. There are, however, some Justices of the Peace that do not agree with the case law and will not increase the fine. Unfortunately, there are very few I have come across that share this opinion.

 

Could I get my speeding ticket thrown out even if the officer already reduced it?

 

Yes, it is possible. You have the right to fight the charge and obtain the evidence against you. If there are serious errors in the prosecution’s evidence, we may be able to have your charge withdrawn or pressure for a further reduction of your ticket. 

 

How to fight a speeding ticket that has been reduced?

If you are charged by the police, it is important to immediately seek out the information that you will need to make important legal decisions. Being unaware of the law or the court process can result in legal missteps that can result in a conviction and penalties that will impact your life for years to come. Obtaining legal representation puts a licenced, knowledgeable, and experienced paralegal in the courtroom on your behalf to protect your interests in reducing or eliminating the consequences of a possible conviction. If you have been charged by the police, our team is here to help you. OTD Ticket Defenders Legal Services provides a no-cost, no-commitment initial consultation to assist you. Our friendly staff can be reached via the toll-free number 1-844-647-6869, by email at info@otdlegal.ca, or by text at 226-240-2480. You can also request a consultation online and one of our staff will contact you directly to assist you.

Posted under Speeding

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