So I got a speeding ticket today on Terminal Ave (driving the S)... and the cop that gave me a ticket didn't have his speed gun on, but says he got a 'visual' reading on me... he claims he is able to approximate the speed a vehicle is travelling within 10km/h just by looking. He wrote me ticket for going 90 in a 50 zone!

so my question is, has anyone got some advice on my chances on fighting this ticket? Anyone ever had this happen?

Anybody with experience fighting a traffic violation would be appreciated!!

 

I would just fight it anyway. I have fought a ticket and lost and the judge still cut it in half.

 

I have gotten a ticket like this before too.

I was coming up behind the cop and he told me he could how fast I was going by looking at my headlights. This was at 1 in the morning. I was not happy and told him I will be fighting it. He informed me he would bring in my driving record and I wouldn't have a chance. I laughed then for some reason he told me he never lies so I asked him if his wife asked him if she looked fat he would say yes. If she was fat. I laughed.

Anyways I fought it. 1.5 years later it was finally thrown out.

Unless you were pulling away from traffic where he would be able to see the difference in speed. But fight it since that is excessive speeding. If anything it an be dropped down to the lowest speeding ticket.

Best of luck

 

Having been through the system a bunch of times, my best advice is dispute everything. If the cop doesn't show up, the ticket is tossed out.
In the past, the Justice of the Peace can change the fine on the tickets, but not anymore. You can ask for an extension to pay the fine.

First off, how fast do you think you were going? Were you speeding?

Before going to court, use the non-emergency line and try to get in contact with the officer that issued you the ticket. Ask him for a copy of his notes from that night. There is a legal term, but it escapes me at the moment. "discloser" That is the term I was looking for.
Do this early so the officer has time to prepare everything and you have time to go pick it up.

When you get there, look for the cop. Talk to him and see if he is willing to throw out the ticket or reduce the charge to regular speeding if you plead guilty.

Once you go into the court room, and court is in session, take a seat and wait for your turn. When your name is called, go up and take the stand. When you address the JP, remember to call them "your worship" as they are not judges but do have quite a bit of authority.

From that point, the JP will ask you how you plead. Guity or not guilty to the charges. If the officer isn't there, they will page the officer once or twice and then if they do not show up, the charges are thrown out. If the officer is there, then they will give their story and you can ask them question. Then it is your turn to tell your side of the story.
Even if the cop was wrong, there is a big difference between 50 km/h and 70 km/h so more than likely the cops judgement of your speed will stand up in court. So go for a less charge of speeding. Admit to 60 or 70 km/h and get the $138 fine instead of the $196 fine.

All you need is a bit of doubt on the officer's story and the charges should be dropped. But don't expect to win by saying you were only going 50 km/h. When it comes down to he said she said, the officer's words have more weight then yours.

 

the JP can no longer change the fine?

i believe the term you are looking for is disclosure but don't quote me.

 

Just show up. There's still a chance he won't show up. JMO.

 

back in the days they dont get paid to show up so they didnt, but they do now.

 

Yes, they are paid to show up, but the court date is scheduled by the courts and they have no communications with the officers to see when they work or on holidays.
It is up to the officers to get the matter rescheduled or have their schedule changed to fit these matters in.

Some officers are pricks and will use scare tactics to get you not to dispute the tickets. I had one where he was a total jerk. I disputed the ticket, called his office and left him a voice message about me seeing him in court. On the day of, he had 3 other matters and he no showed.

 

for anything other than speeding, the court can adjust the amount to whatever the judge decides.

for speeding, the fine is a set amount depending on how fast the court decides you were going. so if you're found guilty of going 20 - 40 over, the fine is the predetermined set amount. but the judge can choose to find you guilty of traveling say 0 - 20 over, so you would then pay the amount for that charge, which is less. but you can't go any cheaper than that.

 

straight up dispute it! he has no prove saying that you were speeding.