To fight the speeding ticket in Toronto at court, what arguements are effective in my defense?

2012-06-17 4:18 pm
I got my speeding ticket on the first day I owned a car in my life. I am a brand new driver too, having zero knowledge of speeding. I was driving on DVP southbound and made a right turn into the Bayview Ave. Within a km I was stopped by cops who were waiting at the road side of the slight downhill. He asked if I knew why I got stopped. I had no idea at all. Then he showed me a hand-held device which recorded my speed at 77km/h on the 60km/h road. I said I did not know about it; and I explained I was a brand new driver who was not familiar with the road. He told me that there had been lots of speed limit signs. I asked he to give me a break because I was new. He seemed to agree and he said, but you had to pay the fine. So he went back to his car and after a while he gave me two tickets. (the other one was for the fact that I did not carry my car insurance with me. I did not even know I need to do that.) He told me that he wrote 75km instead of 77km, so there won't be demerit points for 15km over. Seeing that I was a complete idiot of the terminologies, he told me to go to the court and plea guilty. I thanked him and drove away, thinking that $60 fine was no big deal.

It was after a few days that I realized my insurance premium was at stake, and I had better fight the speeding ticket. But what arguments would work in my favor at court? Here is some of my thoughts, please help me out with your evaluation or tell me your suggestions:

1. I did not remember I saw any speeding sign when I came down from DVP. I double checked with google map and I am sure that there was no speeding sign from where I entered Bayview Ave to the point I was pulled over.

2. I am a new driver and it was my first day I owned a car. I know little about the road and speeding limit in Toronto.

3. Another reason why I speeded was that, apart from no knowledge of the speeding limit, there was a slight downhill and the car naturally speed up itself. I am a new driver and have no experience. So I failed to notice that as I was talking to my friend sitting next to me.

4. I was actually driving relatively slowly all day long that day because I did not want to screw up my first day driving, and then I got the ticket. That was unfair. I did not have the intention to speed. I mean how could I. I am a new driver and new car owner, and stranger to the roads. I offended the speed limit because of my lack of experience and knowledge, so I think for the fist timer like me, should be given a waiver.

Thanks in advance!
Don

回答 (3)

2012-06-18 12:43 am
✔ 最佳答案
1-2.

On city streets, if there is no sign, then the speed limit is less than 75. Even if there was no sign, you should not have been going that fast on a city street. If you don't know that you are not allowed to go 75 on a city street, then you should not be driving.

3.

a. On a hill, you are supposed to pay very careful attention to the speed, and use the brake if necessary. A hill is not a reason to speed (unless your brakes are broken). A hill is a reason to drive slower.

b. The part about how you "failed to notice... as I was talking to my friend" is important. He should have given you a third ticket, for "distracted" driving and paying attention to your friend instead of the road.

4.

Actually, it's the opposite. Speed laws should be enforced especially in cases of new drivers without knowledge and experience, because they do not know how to keep from crashing when they speed. More experienced drivers can speed more safely (but still get tickets).
2012-06-17 11:30 pm
Ignorance of the law is no excuse. Neither is stupidity. Stop whining, pay the damn fine and get on with your life.
2012-06-17 11:56 pm
That's a part of life kid that many people go through, deal with it. The cop did give you a break for writing a less speed down (he did not have to), don't plea guilty though. Pay better attention when driving


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