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Discussion Starter · #1 · (Edited)
I got an excessive speeding ticket 5 months ago and now my court date is this monday. I have been checking out books on how to get out of it. I am fighting it because when I asked the cop whether he had calibrated the gun prior to clocking my speed - he became angry and said that I can't ask him that question. So - I wouldn't have minded to pay the ticket if he would have said yes to my question but something seems suspicious. Plus - i was going only 2 km's over the normal speeding ticket margin thus making it excessive. I think that I will at least ask the judge to lessen it to a regular speeding ticket if all else fails because I was so close.

Any advice? Never fought a ticket. I have checked out alot of the posts here but haven't found enough. Maybe someone can forward me to a specific post.

Thanks a bunch. And if all you are going to say is just stop being a baby and pay the ticket - then screw you.

Fight the good fight.

Thanks a lot folks

kris
 

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Member #899
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On that ticket you can plead guilty and request that the JJP reduce the fine to a regular speeding ticket - he/she has the authority to do that.

You can talk to the police officer before you go into court and find out where he stands on the matter as well. It can't hurt things. Oh, and if you do that I'd be as polite as I can be... because always remember: you attract more bees with honey than you do with vinegar. :) Good luck
 

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My Twitter: SH1FTG34R
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On that ticket you can plead guilty and request that the JJP reduce the fine to a regular speeding ticket - he/she has the authority to do that.

You can talk to the police officer before you go into court and find out where he stands on the matter as well. It can't hurt things. Oh, and if you do that I'd be as polite as I can be... because always remember: you attract more bees with honey than you do with vinegar. :) Good luck
Awesome advice, see where the popo stands before court, also he may not show up and thats even better!
 

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Excellent advice, Nancy! :)

I'd suggest going to the court date with a mindset of *negotiating* the charge, rather than *fighting* it.

The right attitude helps :)
 
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Discussion Starter · #5 ·
On that ticket you can plead guilty and request that the JJP reduce the fine to a regular speeding ticket - he/she has the authority to do that.

You can talk to the police officer before you go into court and find out where he stands on the matter as well. It can't hurt things. Oh, and if you do that I'd be as polite as I can be... because always remember: you attract more bees with honey than you do with vinegar. :) Good luck
Hey Squire I really like your name you remind me of someone from the medieval times right on!!I love your advice and was just preparing for my upcoming court battles too.

here check it out :thumbup
 

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send someone on your behalf, if the cop shows ajourn the court date, no cop they can plead not guilty on your behalf
 

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My 2kms on challenging the radar unit specifically and/or the officer's ability to use it: Don't. ;) I've seen friends go to great lengths to research the various units & required training & calibration elements... only to go down in flames in court with such a strategy.

The problem in such a strategy is that once you bring up this issue as a part of your defense, the Judge must render a decision as to whether the court recognizes the RCMP's technology and/or the training of the officer before the rest of the case can be heard. He'll cede credibility to the RCMP (or Police detachment) and their technology, effectively wiping out your defense because the Judge wouldn't hear further challenges to same.

If you're to fight this and win, you'd better have a multi-pronged defense against the the ticket altogether. If you lose, it could cost you more than the ticket because you'll be seen as a cocky smart-ass excessive speeder. Each to their own but IMHO: go there meekly with the intention of asking for a lesser fine and removal of the 'excessive' descriptor and support your request with reasonable 'considerations' for the Judge to ponder.

I understand the urge to fight. But I've also seen the results of challenges to 'excessives'. Suck it up, fight for a reduction of the charge and call it a 'win' when you leave with your drivers' license still in you wallet. ;)
 
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Discussion Starter · #8 ·
if you have an ugly driving record then dont even bother showing up. Once the judge see's a poor driving history he will probably hand out a heavier fine or gank ur licence.
 

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Fuelled by rice
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send someone on your behalf, if the cop shows ajourn the court date, no cop they can plead not guilty on your behalf
Doesn't work anymore. Unless you have a really good reason for not being there,I've seen judges say no to ppl who said they have school or exams.
 

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Eh Muh Gawd Becky!!
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i've gone in and chalenged the validity of the use of the radar and it's apparent lack of tuning as laid out in it's logs supplied to me on my demand and the judge had no problem. he didn't question the officer in his ability, just in his calibrating of the equipment and why the log wasn't up to date. i wasn't going in for an excessive or i'm sure i would only have gotten it reduced but it was for 12 over so the judge said that due to possible problem with radar gun it would be dismissed.
 

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The officer is there as a trained radar operator, and not a technician. All he needs to do is advise the court that prior to using the radar on you, the unit was checked, ie using a tuning fork and/ or using it's internal calibration test and the unit appeared to be working properly. This is usually done at the start of shift and also at the start of the radar set up. Also, the radar evidence is used to corroborate the officer's visual speed estimation and not used solely as the evidence against you. Fight the ticket based on the merits of the incident and not because you're pissed at the officer.

And don't use the line of the officer being at an off angle to the roadway and therefore the radar reading was off. The truth is that the greater the angle off of the roadway the beam is not directly shot at the moving object, the slower the speed reading that is registered. So, if you say you're doing only 2 km/hr over the limit which put you into the Excessive zone, the reality is that you were probably 4 km/hr over that limit. No officer is going to stand directly infront of a moving object to get it's speed. It's all done off the side of the roadway.

As one of the suggestions posted, good attitude and no previous Excessive speeding records will go a long ways in getting your ticket reduced to the $ 196 or if you're really lucky, to the $ 138 fine.

Good luck!
 

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Bus Driver
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My 2kms on challenging the radar unit specifically and/or the officer's ability to use it: Don't. ;) I've seen friends go to great lengths to research the various units & required training & calibration elements... only to go down in flames in court with such a strategy.

The problem in such a strategy is that once you bring up this issue as a part of your defense, the Judge must render a decision as to whether the court recognizes the RCMP's technology and/or the training of the officer before the rest of the case can be heard. He'll cede credibility to the RCMP (or Police detachment) and their technology, effectively wiping out your defense because the Judge wouldn't hear further challenges to same.

If you're to fight this and win, you'd better have a multi-pronged defense against the the ticket altogether. If you lose, it could cost you more than the ticket because you'll be seen as a cocky smart-ass excessive speeder. Each to their own but IMHO: go there meekly with the intention of asking for a lesser fine and removal of the 'excessive' descriptor and support your request with reasonable 'considerations' for the Judge to ponder.

I understand the urge to fight. But I've also seen the results of challenges to 'excessives'. Suck it up, fight for a reduction of the charge and call it a 'win' when you leave with your drivers' license still in you wallet. ;)
Is it possible for a JP to increase a fine during the hearing or issue harsher punishment if you lose the hearing? I have heard both yes and no, does any one really know for sure? Also what is the dollar amount of a excessive ticket currently? $196?
 

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BOOBIES
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i had a cop just threaten me with close to a $500 fine for excessive speeding, and a bunch of other stuff for reckless endangerment for doing 140 in a 90, but i think he was partly trying to scare the shit outta me cuz he then said i was lucky, he didn't have time to write a ticket, he then got in his truck and left.

oooooooooh did i feel lucky
 

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Not wearing pants.
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Not trying to threadjack, but don't want to start a new thread...I got 2 tickets back in september, one in a rental, one on the bike. Both cases, I was doing at least 20 over, but the officer pegged it down to a basic violation of 12 over, so the fine is only $120 in each case. In both cases, the officers stated that they would do this on the premise that I pay the fine, and if I show up in court to fight it, they would reclaim my original speed and push for higher penalty. Can they do this?
 

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Crotch Rocket Scientist
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If the officer shows evidence that you were speeding more than he fined you for, the judge could raise the fine. Count yourself lucky IMHO.
 
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Discussion Starter · #17 ·
I had the same thing happen to me when i got caught doing a wheelie down south fraser way. After alot of pleading with him and trying to telling him i wasnt running after he turned his lights on, he left me with only a driving without consideration.
He then told me that if i wish to dipute the ticket then he would fine me for every offence i made during my little pursuit. He went on to list every move i made as i passed him.
I was pretty damn scared cuz everything he said i did, well......I did do them so i didnt wish to dispute that one. I promtly paid my fine 396 instead of the 2000+ i could have recieved.
 

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Bus Driver
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I had the same thing happen to me when i got caught doing a wheelie down south fraser way. After alot of pleading with him and trying to telling him i wasnt running after he turned his lights on, he left me with only a driving without consideration.
He then told me that if i wish to dipute the ticket then he would fine me for every offence i made during my little pursuit. He went on to list every move i made as i passed him.
I was pretty damn scared cuz everything he said i did, well......I did do them so i didnt wish to dispute that one. I promtly paid my fine 396 instead of the 2000+ i could have recieved.
In all of the above listed cases it is the cop threatening to bump the fine etc. but has anyone actually had this happen? I can't see you going to court to dispute which is totally within you rights then leaving with a higher penalty. That would be like getting tried for Manslaughter and then getting charged with Murder. Maybe I'm wrong but it seems more like a means to prevent people from disputing their tickets in court.
 

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Eh Muh Gawd Becky!!
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a judge who finds out that you could have recieved a much stiffer fine but recieved the lesser then decided to fight even that one WILL take the evidence provided by the officer and if you don't have a valid case for fighting it, he CAN give you what the officer could have given you. if your charged with Manslaughter then evidence is submitted to bump it to Murder, it can be done. my thing here is if you were doing excessive speed then were given a lesser ticket, why would you want to fight it. don't do the crime if you can't do the time.
 

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Crotch Rocket Scientist
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ya know getting caught for doing a wheelie on the street.....it's probably cheaper to buy a dirtbike and find a muddy field or hill to play on...
 
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