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Thread: Challenging speeding ticket!

  1. #1

    Challenging speeding ticket!

    I am aware that many members of this community are lawyers, or people with lots of experience, I am wondering if anyone challenged a speeding ticket before? Is it worth it to hire a lawyer or it will only puts money in the lawyer's pocket and I end up paying the fine as is?

    I got a speeding ticket yesterday, excessive speed if you want (driving 92 in a 50 zone according to the report).
    its a 6 points ticket with a 531$ fine.

    What at do you think? Is it a waste of time to plea not guilty?

    thanks!

  2. #2
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    I am licensed in 3 jurisdictions to practice law but not Canada. It all depends on the venue where you were caught speeding, and what the facts are and whether the facts present a defense, and whether you can make tickets go away with a charitable donation to the prosecutor's favorite charity. In Connecticut courts such deals can be brokered.

    My very first trial was a speeding ticket case for a milk truck driver who could not afford to have the points on his license (was in danger of losing his commercial driver's license). The client was caught on radar. The court threw out my expert witness on radar, whose testimony had been purchased very cheaply, and we lost the case. I learned that sometimes you get what you pay for.

    About 5 years ago, returning to the USA from Montreal via I-87 in a rush because my father had asked me to stop at a property he owned in western Connecticut where neighbors told him the power had been lost, I received a $500 speeding ticket from a NY State Trooper for going 86 mph in a 65 ph zone. This was in Clinton County. Because I was guilty and couldn't afford to take the court date off and drive 5 hours or so to Clinton County, I paid the ticket in 3 annual installments, $200, $200, and $100.

    My advice would be file your appearance and call and speak to the prosecutor and see if you can work something out and then go from there. Are you guilty?

  3. #3
    I got a speeding ticket for excessive speed in 2013 fought it in court with a lawyer and lost .I lost 6 points , plus the fine of $500.00 plus lawyer fees.The courts have been given the directive not to bargain when dealing with excessive speed.

  4. #4
    Quote Originally Posted by maximus View Post
    I got a speeding ticket for excessive speed in 2013 fought it in court with a lawyer and lost .I lost 6 points , plus the fine of $500.00 plus lawyer fees.The courts have been given the directive not to bargain when dealing with excessive speed.
    Ho men I agree here. If you knew you were really going 92, and got you on radar and all, just pay the fine...

  5. #5
    I got a speeding ticket in NY state about 15 years ago (or maybe longer ago). It's been so long ago I don't have the ticket anymore, I don't remember what speed I was driving, what the fine was, etc. As I live in Canada and I didn't have too much money to spare at the time, I didn't pay. About 6 months later I received some document at home saying I had to pay or I could be jailed if I get arrested in NY state again.

    I never paid the ticket and every time I cross NY state I make sure to drive below the limit so I'm not arrested.

    Question: How long does it take before they "forget" about old tickets? Or do they? I know I'm dreaming in pink now! LOL
    Question2: I'd be afraid to call and ask them now, but say the ticket was worth $150 back then, how much would it be worth today you think?

    Silly situation, I know, but being over 18 back then meant I was no longer a minor, but didn't mean I was an adult! LOL

    SF

  6. #6
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    There is a firm advertising called ticket911.ca if you google them there are a few other who also offer defense in these cases. I would give it a try, the only additional thing you would lose would be the legal fees, and who knows, you might beat the charge
    " You actually get to choose your friends, family.........well..."

  7. #7
    To be honest I didn't know how fast I was driving. It was in Atwater tunnel, the tunnel was packed and I was late to work. I saw an opening and just gave the engine a go. The police was kind enough not to tow my car, even though it's his right do so with such an offence. I explained to him what happened, I told him what I do in life and had an emergency at work. He told me am not gonna tow your car, I understand your emergency, but can do nothing about the points nor the fine.
    What bugs me is the points... Can a lawyer lower your offence? Like change it to 89km/hr instead of 92km/hr? That would save me 3 points, and remove the excessive speed from my record!

    i always challenge parking ticket, I sent them pictures and detailed stories and so far haven't lost any!
    thanks for the replies everyone, really appreciated!

  8. #8
    You would need to get the radar expertised which costs up to $1000 the last time I checked + lawyer fee. Pointless.

  9. #9
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    Double G,

    When I did my very first trial as an attorney, speeding ticket case as I mentioned, I got my client the cheapest radar expert we could find, because the client was a milk truck driver and didn't make much money. We paid the expert around $1000 and the guy was very borderline in his expertise and in court the prosecutor made him look like a total asshole who didn't know up from down from sideways. I was up against a good veteran prosecutor, he challenged my expert's qualifications and I got my ass kicked big time. I took it on the chin, but it was a good learning experience and I have never lost an expert witness challenged on grounds of his expertise since, although I have had experts who were qualified but then their expert testimony sucked. In my second trial I had an automotive repair expert who was lightly and ineffectively cross-examined by opposing counsel, but then the Judge (who was, unbeknownst to me, an expert on General Motors engines of the kind that was in issue in that case) tore my expert witness a new anus. It was such a thorough unravelling of my expert with only about 15 minutes of questions that I thought he would have to be hospitalized with shock. Total horror show.

    Win or lose, B52 is gonna pay. If he challenges and loses it will be ticket plus attorney fee plus expert fee, could be a $2000 hit when it's all over. If it were me I would pay the ticket and cut my losses, learn lessons and move on.

  10. #10
    Exactly my point Beaverman. He should just pay his damn ticket and lift his foot off the accelerator. lol

  11. #11
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    Quote Originally Posted by B52 View Post
    To be honest I didn't know how fast I was driving. It was in Atwater tunnel, the tunnel was packed and I was late to work. I saw an opening and just gave the engine a go. The police was kind enough not to tow my car, even though it's his right do so with such an offence. I explained to him what happened, I told him what I do in life and had an emergency at work. He told me am not gonna tow your car, I understand your emergency, but can do nothing about the points nor the fine.
    What bugs me is the points... Can a lawyer lower your offence? Like change it to 89km/hr instead of 92km/hr? That would save me 3 points, and remove the excessive speed from my record!

    i always challenge parking ticket, I sent them pictures and detailed stories and so far haven't lost any!
    thanks for the replies everyone, really appreciated!
    I know that in NY State and NJ in many jurisdictions, the prosecutor is willing to lower your points in lieu of a higher fine. If Quebec has the same policy, then you have to plead not guilty and go to your hearing to be able to talk to the prosecutor. He will offer you a plea bargain. Your fine may be a few hundred $ more, but if the points are going to put in danger of having a suspended license then make a deal. Call your local traffic court to ask the clerks if the Prosecutor offers plea bargains. I bet they do because the government ends up getting more $ in the end.
    So when will Hillary go to Prison?

    Only the Democrats would have a potential CONVICT as their Top Presidential Candidate. Simply Pathetic

  12. #12
    Go to court if you have the time and hope that the police officer does not show.

    500$ ticket for speeding? Have they lost their fucking minds? I guess big government needs to raise big money. How else do can you pay 85K pensions to municiple workers that retire in their 50s?

  13. #13
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    I have had one ticket dismissed because the cop failed to show. I was told by the clerk when they were processing my Not Guilty verdict that a lot times when cops don't show it's because you were lucky to have had your case scheduled on the cop's day off but sometimes the cop either forgets or has some type of special assignment which conflicts with the court date. Some jurisdictions in US states have a box on the ticket which requires you to check off which will require the cop to be present as a witness. You need to check that. I don't know how it is in Quebec.
    So when will Hillary go to Prison?

    Only the Democrats would have a potential CONVICT as their Top Presidential Candidate. Simply Pathetic

  14. #14
    Paying the fine, higher fine, or the legal fees doesn't bother me much. I am left with 2 or 3 points if I am not wrong... Two weeks ago I got a ticket for driving 125 in 100 zone. Eventhough I was driving with the flow, and the officer said I was doing 124, he wrote 125! (Different fine bracket)!
    so thats 8 points in 1 month, I guess double g is right, I should go easy on the accelerator but it's hard to do when you drive in sport mode all the time
    not gonna try dos ticket or that crap, they are just a company that hands your case to lawyers. I rather deal directly with the lawyer.

    i found a forum that is similar to merb, m4e, ended up with 2 phone numbers of "the best of the best" lawyers for such cases.
    I will give this a try, if money is all I would loose, I would definitely give it a try.

    Sucks to to read your story doc!
    thanks for the legal info and your expertise eagerbeaver!

  15. #15
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    B52 if you have the financial means to do so I say go for it and defend yourself!!!!!!!!!!!!!!!!!!!!!! Good luck!

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