Speeding Ticket Question - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Jayems · 09-04-2007, 12:25 PM

Are all fields required to be filled out on a speeding ticket? The cop didn't put my postal code on there.. i'm sure he'd not be that silly to forget that if it voided my ticket, but I thought i'd ask you guys anyway.

albertGQ · 09-04-2007, 12:28 PM

I'm not too sure, but you may be in luck!

Buff · 09-04-2007, 12:53 PM

I think that is probably getting a bit petty. However, as in my friends case, if you get a ticket shortly after the new year and the officer in question accidently puts down last years date... you've got something to go on.

Burninator · 09-04-2007, 12:59 PM

Worth a shot.

I had a photo radar ticket that I payed online refunded because the ticket was filled out incorrectly. Figure that one out.

Maritime Q-Scout · 09-04-2007, 01:03 PM

I don't know about Alberta but in Nova Scotia an officer has 6 months to fix any of the minor details on the ticket (like if he forgot to sign it, for example)

In Burninator's case, I'm shocked they'd do that. On prinicple I guess, but if you give them the money shouldn't it be case closed?

ken0042 · 09-04-2007, 01:15 PM

Keep in mind you run the risk of facing a further fine if you happen to catch a judge who is tired of dealing with people who he might consider to be wasting his time.

With my last name starting with a lower letter of the alphabet, I have to sit through all the other traffic cases. A few times I've seen the fine increased:

- Wrong date on the ticket. Ticket was issued at 1:00 am and the cop put the previous day's date on it. Judge reminded the person it says on the ticket "on or about...."
- Back when we had day and night speed limits, the cop gave the girl a ticket for 125 in a 110 zone; instead of the 100 zone that it was. Judge really let her have it for trying to fight that one.

I can't see the postal code not being there making any of the other info incorrect.

ericschand · 09-04-2007, 01:32 PM

I think for tickets they do have a time they can re-charge you with
the same offense, after correcting their error. The judge will just
adjourn your case to a later date, giving the officer time to correct
his error.

IOW, not only will they correctly put the postal code in, you will have
managed to annoy a judge and a cop upon whom you are depending for
leniency.

How clean is your record? If it's good, why not just go in and ask
for mercy? "I'm really really sorry this happened, and it won't again.
Please don't put points on my record?" You're probably better off
this way, the judge isn't out to screw you over.

Also, if you were speeding, own up to it. You sped, you knew
the consequences of getting caught, now step up.

ers

soulchoice · 09-04-2007, 01:39 PM

Hopefully this doesnt turn into one of those "own up to it and pay the fine" threads. The man asked for advice on whether it was enough to throw out in court, not if fighting it is morally right or wrong to do.

Now back on topic, having fought pretty much every ticket I have ever received and won. I dont think a lack of a postal code is enough to warrant a ticket to be thrown out. I know of tickets being thrown out for wrong dates, years, wrong drivers license number, etc. But as one poster mentioned, lack of postal code may not cut it.

Hopefully it does though, I am curious to know myself. Hopefully you get it thrown out. If all else fails, no demerits.

Jayems · 09-04-2007, 01:40 PM

Yeah, i'm more concerned with the 3 demerits than the $120 fine. I have no issue paying it, I will just go to the prosecutor and ask for the demerits reduced, but try and have it thrown out if possible. The way the cop got me was also suspect... on QEII just north of Country Hills, he was over in the fast lane, I was in the slow lane, and he managed to single me out from very far away in very heavy traffic. I know there are some here that will say "well, you got caught, so just pay the fine" ... meh. Why not get out of it if you can?

fredr123 · 09-04-2007, 01:48 PM

The prosecutor you see before making a plea no longer has discretion to amend your ticket to a registered owner ticket or reduce the demerits. The best they can do now is reduce the fine if possible.

J pold · 09-04-2007, 01:50 PM

Stick it to the man!

If you have to go to fight the ticket in Leduc its worth it...the hole operation is so poorly run there is no way you don't get a reduction

soulchoice · 09-04-2007, 01:55 PM

Quote:

Originally Posted by fredr123

The prosecutor you see before making a plea no longer has discretion to amend your ticket to a registered owner ticket or reduce the demerits. The best they can do now is reduce the fine if possible.

Actually that is only partially true, one can still try and reduce the fine and also a reduction in demerit points. They just wont allow a total reduction in demerits, only a partial reduction. This is in the scenario if you only decide to go as far as the first appearance option(prosecutor).

If you want to take it further, as in a court appearance, you can still fight to reduce both the fine and all demerits. From my understanding alot of people are now going this route, due to first appearance(speaking with Crown prosecutor) not being as effective as it used to be.

fredr123 · 09-04-2007, 01:58 PM

Quote:

Originally Posted by soulchoice

Actually that is only partially true, one can still try and reduce the fine and also a reduction in demerit points. They just wont allow a total reduction in demerits, only a partial reduction. This is in the scenario if you only decide to go as far as the first appearance option(prosecuter).

If you want to take it further, as in a court appearance, you can still fight to reduce both the fine and all demerits. From my understanding alot of people are now going this route, due to first appearance(speaking with Crown prosecuter) not being as effective as it used to be.

You can convince the first appearance crown to amend the ticket to a different charge that carries a lesser penalty (demerits and fine). Speeding up to but not exceeding 15kmph over the speed limit carries a 2 demerit penalty. Two demerits is as low as the demerit system goes.

In the past you could go to the Crown and say "I'll plead guilty and pay the fine if you drop the demerits" and the Crown would go "Sold!" That isn't possible anymore and I probably wasn't very clear about what I was attempting to say.

Berger_4_ · 09-04-2007, 09:26 PM

so....i need some advice now....

got my first ever speeding ticket on the weekend...i was doing a buck thirty but he reduced it to 15 over....should i go to the courts and ask for a reduction in demerits (its a 2 demerit offense) or should i just say to hell with it....again, the 89 bucks isn't a big issue, its the fact that i have demerits, and an entire year yet before i no longer am under the gdl....

and if i do go to the courthouse, what do i do? how do i go talkt to the prosecuter or whatever?

metallicat · 09-04-2007, 09:30 PM

Quote:

Originally Posted by Berger_4_

so....i need some advice now....

got my first ever speeding ticket on the weekend...i was doing a buck thirty but he reduced it to 15 over....should i go to the courts and ask for a reduction in demerits (its a 2 demerit offense) or should i just say to hell with it....again, the 89 bucks isn't a big issue, its the fact that i have demerits, and an entire year yet before i no longer am under the gdl....

and if i do go to the courthouse, what do i do? how do i go talkt to the prosecuter or whatever?

I think this is one of those situations where the cop was being nice enough to cut you some slack, you should probably thank your lucky stars and move on. I am sure him being generous would come up in court and end up working against you.

Dion · 09-04-2007, 09:43 PM

Quote:

Originally Posted by Berger_4_

so....i need some advice now....

got my first ever speeding ticket on the weekend...i was doing a buck thirty but he reduced it to 15 over....should i go to the courts and ask for a reduction in demerits (its a 2 demerit offense) or should i just say to hell with it....again, the 89 bucks isn't a big issue, its the fact that i have demerits, and an entire year yet before i no longer am under the gdl....

and if i do go to the courthouse, what do i do? how do i go talkt to the prosecuter or whatever?

A reduction in demerit points is no longer allowed.

Kjesse · 09-04-2007, 09:50 PM

Quote:

Originally Posted by fredr123

You can convince the first appearance crown to amend the ticket to a different charge that carries a lesser penalty (demerits and fine). Speeding up to but not exceeding 15kmph over the speed limit carries a 2 demerit penalty. Two demerits is as low as the demerit system goes.

In the past you could go to the Crown and say "I'll plead guilty and pay the fine if you drop the demerits" and the Crown would go "Sold!" That isn't possible anymore and I probably wasn't very clear about what I was attempting to say.

Actually, it is still possible, its just not automatic like it used to be. I have 2 friends who got all demerits reduced in the last month, and I expect I'll be able to do the same for a ticket I got two weeks ago. You have to know what you're doing and what it takes to get the Crown to agree.

BlackArcher101 · 09-04-2007, 10:01 PM

Quote:

Originally Posted by Dion

A reduction in demerit points is no longer allowed.

Reductions are allowed, but complete removal of all demerits is not.

Dion · 09-04-2007, 10:16 PM

Quote:

Originally Posted by BlackArcher101

Reductions are allowed, but complete removal of all demerits is not.

I could be wrong, but when I read this quote I assumed reductions were not allowed.

http://www.cbc.ca/canada/calgary/sto...ic-ticket.html

"Demerit points are an important part of highway safety," said David Dear, spokesman for Alberta Justice.

"It's a way of removing bad drivers from the road, ultimately, and we don't think you should be allowed to avoid those when we can prove that you were at the wheel."

soulchoice · 09-04-2007, 10:22 PM

Quote:

Originally Posted by Berger_4_

so....i need some advice now....

got my first ever speeding ticket on the weekend...i was doing a buck thirty but he reduced it to 15 over....should i go to the courts and ask for a reduction in demerits (its a 2 demerit offense) or should i just say to hell with it....again, the 89 bucks isn't a big issue, its the fact that i have demerits, and an entire year yet before i no longer am under the gdl....

and if i do go to the courthouse, what do i do? how do i go talkt to the prosecuter or whatever?

In my opinion, fight it. If this is new to you, it may seem difficult, but in reality, its easy. I fight every ticket, no matter what the circumstances are, justified or not.

Or you can just speak to the crown prosecutor. If you are looking for a total demerit reduction, its not possible to do it via this route. Total demerit reduction is not possible at a first appearance, prosecutor level.

For a complete chance at reduction and fine reduction, you have to go to court. For a complete reduction in demerits and a reduced fine(or even ticket being thrown out), PM me and I will give you a way I use to enhance your chances of having success. Its been discussed in another thread, but I dont feel like typing it all out again here.