hey I was driving down the 401 near Napanee and was going roughly 115-120kmh. A car behind me got extrememly close to me and i felt unsafe. Therefore accelerated to pass the transport i began to pull up beside it when this happened. I received a 130khm speeding ticket in a 100kmh zone. He must have clocked me at the very peak of my acceleration in passing this transport. I would like to know whether or not since I was speeding for my safety it is a fightable charge and why?

If my insurance is effected in any way I cannot drive do to my financial situation so help is MUCH apperciated. Thanks.

Your explanation won't help you. You'll be found guilty. To play Devils advocate couldn't you just have moved to the other lane and let the following vehicle pass?

What many don't realize is the speed limit is the speed limit regardless of what you are doing. Take for example passing a vehicle on a two lane country road. If the speed limit is 80km/h and you pass at 100km/h then you can be given a ticket for speeding even though you were passing.

and /or taken your foot off the accelerator, gradually slowing from your original speed and even signal to the right indicating you are going onto the shoulder, letting the vehicle go by and if need be, stopping on the shoulder for a few minutes.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

You can speed when you are being tailgated. Fight the ticket, get the disclosure. On the stand, question the officer if he saw the vehicle behind you. Also, look for the times when the speed measurement unit was tested, and make sure to ask for the manual of the speed measuring unit. If you were clocked at 30 over, what is your fine?

This offence will affect your insurance. If I were to guess, I would say another $300-500 per year, if not more.

If all else fails, there are no fatal mistakes on the ticket, the disclosure is complete, and the trial is not too far off, you can always ask the prosecutor to reduce the charge on the 1-st attendance.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com

Where does it say that in the HTA?

Defence of necessity......might work....

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

That's a long shot, though...

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* The above is NOT legal advice. It is an opinion only. By acting on anything I have said, you assume full responsibility for any outcome and its consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca OR http://www.OntarioTrafficAct.com

keyword "might"

and it likely won't. JMHO though

i was just feeling pressured to pass the transport, i could have slowed down but my initial reaction was to just get out of the way before the road raged driver behind got too close. but yah thanks guy i appericiate the posts.

also on the ticket where it states that i was doing 130 in a 100kmh zone the 100kmh is written as a 60 because the 1 and 0 are looped together. i realize that it probably makes no difference but if i does could someone let me know how?

If it was a 60, you'd be talkin to a paralegal, not us. But this won't help you either.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com