Hey guys. I'm an Ontario resident and a coupla weeks ago I was given a traffic ticket in Quebec on my way to Montreal. I was doing 136 km/h in a 100 km/h zone so I got a $184 ticket and demeritted 3 points. What's pissing me off is that I was speeding only to pass a slow *** trailer. What can I do about this?
2007-01-09 03:11:19 · 4 answers · asked by Torontonian1978 2 in Politics & Government ➔ Law Enforcement & Police
You have thirty days as of the date you receive the statement to respond, regardless of your plea. A judge will examine the file and may convict you in your absence and order you to pay a fine and costs if you do not reply within the thirty days, without any other notification or summons.
Check the appropriate box and follow the payment instructions if you committed the offence described in the statement and want to plead guilty. Paying the amount indicated means the same thing as if you enter a guilty plea.
The only way to contest the ticket if you are convinced you did not commit the offence described in the statement is to enter a plea of not guilty.
You should know that costs are added to the fine if you are convicted at the trial after having pleaded not guilty. The costs may more than double the amount of the fine in some cases. In addition, most people find going before the court stressful and may have to miss work. It is up to you to balance the costs associated with pleading guilty against your chances of winning and your feelings about the process.
To get the ball rolling, complete the plea form or forms and check the “not guilty” box. You are under absolutely no obligation to explain your reasons for contesting even if there is a space for doing so on the plea form.
The address where you should send your plea or payment is indicated on the documents. It is a good idea to make a copy of your plea before sending it and keep proof that it was sent (send it registered mail and keep the receipt, for example).
You will receive a notice of hearing summoning you to appear in court.
The date, time, and place of the trial are set out in the notice of hearing you will receive after you plead not guilty. The notice is basically a summons to come and explain your version of the facts. The court can make a decision in your case even if you don’t show up on this date – you may be found guilty in your absence.
Contact the court that summoned you as soon as possible if you can’t make it on the date chosen for the trial and ask for another trial date. Most municipal courts sit in the morning, afternoon and evening. You can make your request in writing, but remember, you must explain why you cannot be there at the chosen time. Your reasons must be serious and well founded. The judge may ask you to explain your reasons in person or see documents before deciding to postpone the trial. He may even refuse to change the date.
I also read that if you contest a ticket to lower it's price let's say you say that you were driving at 110 km/h and got to 136 just because you were passing a slow car. In the end, even if you get a lower fine it may cost you more than the original ticket in court fees...it is recommended to contest if you have not many demerit points left, in that case you may lose less or none...but it is not recommended to do it just for the money.
Your best chance would have been to deal with the police officer at the time of the arrest...but there are not all willing to discuss. Remember that if you contest you will have to be in court in Montreal or other Municipal Court in Quebec...I don't know if you drive to Montreal often...
Anyways, I hope this helps!
Good Luck!
2007-01-15 03:08:44 · answer #1 · answered by CrazyCate 3 · 0⤊ 0⤋
The points are controlled by the ministry that takes care of transportation in Quebec. The fines part (at least in Ontario) is collected by the city in which it was issued. The only way to not get points is to not be found guilty. As far as the fine goes, digby_by is correct, in Ontario you can go see the justice of the peace and have the fine reduced if you can't afford it (Quebec I'm not so sure about). Look on the back of the ticket. Is there a "guilty with an explanation" option? This is where you would ask that the fine be suspended or reduced. This may tell you where to go ask for this.
2007-01-09 03:32:00 · answer #2 · answered by joeanonymous 6 · 2⤊ 0⤋
In my case, the officer and a second police cruiser were pacing me at night, but accuse me of going WAY faster than I was (I mistakenly thought I was in a 100 km/h zone and was going about 120km/h according to my speedmeter and my Waze app; I was actually in a 90 km h zone). They accuse me of going 135 km/h, but there is no hard evidence such as a radar reading. Do I have a case?
2016-10-03 07:15:04 · answer #3 · answered by Clarence 1 · 0⤊ 0⤋
go to the justice of the peace at the courthouse they always drop the price.
2007-01-09 03:19:04 · answer #4 · answered by digby_by 4 · 2⤊ 0⤋