Speeding Ticket Requiring Court Appearance

[Gaffney]

Thank you for your lengthy reply, and I appreciate your help. I have a couple questions about some of your answers though. You said "6 demerits and a fine ranging from $500-$2000".  Do you think it would be closer to $500 or $2000, that range is kind of broad.  $500 I can live with but $2000 is really gonna break my wallet.  

Also, is there any chance of going to jail or anything serious like that?  Or perhaps getting my license suspended or revoked?  I really need my license as I drive to school and work.  I have been told it would be wise to get a drivers abstract before attending court, as to prove I have had no previous tickets and have a clean abstract before this.  Do you think this is a good idea?  Do you know of any previous cases similar to this and how they ended up going?  

In your personal opinion, would it be wise to get a lawyer such as one at Pointts or other traffic specialists in this scenario?  Do you think a lawyer would be able to make a big difference compared to just myself being there?

Again I am very grateful for your help.  The service you do on here is very helpful to so many people, and you are a very kind person.  Taking time out of your day to help strangers with their lives is a very noble thing to do and I wish you nothing but the best.

Thanks again,

Jordan

------------------------- Followup To - Last weekend at approximately 11:45 AM I was travelling to school to do some work.  This was on a Saturday.  I was travelling approximately 130 in a 100 zone, and it was one of those highways that everyone is going 110 or 120 so I wasn't speeding out of control. As I neared the city the speed limit changed to 80 km/h and I saw an oppertunity to advance ahead of a block of traffic so I sped up to approximately 140.  I then continued to enter the city and slowed down to about 100 or 90, and came to a stop behind some traffic at some lights.  I then entered a 70 zone and continued driving through traffic not speeding much, maybe 10 over.  

I went through a few lights and then all of a sudden I noticed a cop behind me, and he seemed to be following extremely close.  I have never got a ticket before so I didn't know if he wanted me to pull over or he was just following close for no reason in particular.  I then moved over to the far right lane on the three lane street, since I thought he may want me to pull over.  He followed me and turn on his lights.  I pulled over and he was still partially in the next lane over, so he slowly moved his car beside mine and told me to pull ahead so he could get behind me.  I followed his instructions, pulled over and rolled down my window and grabbed my license and registration anticipating him to come up to the window. When he came to the window he said he had been following me since 156 street(back where it turned to 80 from 100) and told me he had clocked me at 140 in an 80 zone.  He then questioned me as to why I was going so fast, and I answered that I was headed to school to work on homework.  He then took my license and registration and headed back to his car.  I sat there waiting for approximately 15-20 minutes as he sat in his car before he finally came out.  

He returned with a pink ticket in his hand and handed it to me and told me I have to go to court to decide how much my ticket will be and warned me to slow down.  He then went back to his car and I left and he left and I went to school. The ticket says I have a court date on May 10 and that I was going 140 in an 80 zone clocked.  I realize that I was wrong for driving that fast, and I knew my speeding was a bad habit and it would eventually catch up to me.  I don't normally speed 30 over, let alone 60 over.  This will be my first time attending court and my first ticket ever and I have had my license for over 2 years(19 years old).

I have a few questions about what to expect when I go to court.  How should I expect to be dressed? In what sequence do things happen?  Is there a way to get a deal with the prosecutor?

Also how much should I expect to pay in demerits, fines, and possibly a license suspension?

I read on the internet that A ticket between 30-50 is a $351.00 fine and 4 demerits.  Would it be possible to get my ticket down to 50 over and pay this?  Is there a way to offer the prosecutor money to lower the demerit reduction?(I currently have zero demerits).

Also would you advise getting a lawyer?  I am very worried because I have no idea what to expect out of this whole situation, I just wish this whole mess didn't happen.

I've learned my lesson and have since stopped speading anywhere under any circumstances and plan to do this from now on.

If you could answer any of these questions you would be a huge help.

Thanks,

Jordan Murphy

[Orford]

- Hi Jordan, thanks for writing.

I will try to describe to you the court process and what you may expect to happen.

The reason your court appearance is mandatory is that it is legislated that anyone going in excess of 50 km/hr over the limit attend court.  If you are found guilty you face 6 demerits and a fine ranging usually from $500 - $2000.  According to the new Alberta Auto Insurance legislation, if found guilty of this offence you will also face an increase of 25% on the liability portion of your insurance premiums.  Thus, if you've had your license for two years, your liability premiums would go from about $148/month to $190/month(this does not include your optional coverage).

As for how to dress while attending court, I always suggest a suit and tie.  If however you do not have a suit and tie, it would be suggested to dress business-casual, i.e. a collared shirt and khakis or black jeans, tidy and not ripped.

If your license is still probationary,(you can tell this if it says probationary on your drivers license) your license may be suspended after 7 demerits, so you're still in the clear as long as you don't get an other ticket.

It may be possible to plead guilty to a lesser offence(this is called plea bargaining).  You may be allowed to do this, I would recommend speaking to the crown prosecutor on the day of your hearing, prior to the commencement of court.  This brings me to my next point, which is if you are scheduled to be at court for the morning session, it runs from 9:00 - 12:30 I believe.  You will want to arrive atleast 15 minutes early, parking may be scarce.  You can expect your hearing to be anywhere from 9:00 until 12:30, and will likely not last the whole morning, they usually schedule several people in one court room per sitting.  The afternoon session starts at 1:00 pm and goes until 4:30.  Once again, same thing applies as above.  For this reason, you may want to bring a book as you will be waiting outside the courtroom for a while.

As for retaining counsel, you may want to consider it. You may want to call "Pointts"(www.pointts.com) to see if they will represent you.  You will have to pay for representation.

It's good that you've learned your lesson not to speed.  Sometimes this lesson can only come the hard way, which is to be convicted of the offence and pay it.  When I was younger my very first, and only ticket, was $140 for speeding on a highway.  After I paid it I kept the reciept with me in my wallet as a constant reminder not to speed.  I haven't had a ticket since.

Good luck Jordan.

[Jaime]

Hello again Jordan!

It really all depends on the judge, as to how much your fine can be.  Usually what they'll do is increase the fine the more you were speeding.  So for example if you were doing 60 over it could possibly be closer to $500, whereas if you were doing something crazy like 100 over, it could be closer to $2000.

I haven't heard of a license being suspended for just one over 50km/hr ticket, but I guess it is possible if the judge feels he needs to impose it.

There is no jail time that will be handed down as a result of being found guilty of this offense, as long as you pay the fine or complete any other dispositions the court may have set out.

As for the driver's abstract, that is completely up to you, however the constable who issued the offence notice will already have that information, and will likely be asked to produce it for the judge.

For a case like this, in my personal opinion, I would seek representation.  They are more likely to know the ins and outs of the system than me or you, and may even get you a good deal, that is their job.

Good luck again Jordan, and thank you for the kind words.  I truly enjoy helping those who request it.  I have nothing to lose by giving my knowledge to someone who needs it.