Ontario Highway Traffic Act

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PostPosted: Mon Dec 12, 2011 11:03 pm 

Joined: Tue Apr 19, 2011 11:59 am
Posts: 2
I was driving on a Kings highway (posted 80 km) that is 2 lanes in each direction. Got passed by a car going much faster than me and then i see his brake lights kick up. I figure its a cop ahead and check my speed and I'm going 78. The cop goes by me in the other direction, pulls off the road and its about 20 seconds before trafffic clears in both directions for him to pull a U turn (I'm watching in my rear view). I figure he caught the guy ahead of me speeding but noooooo, he pulls up behind me and pulls me over. Gives me a ticket for going 106 in an 80 zone and starts lecturing me at the roadside. I wasn't going to plead with him as he looked pissed for some reason.

Now I go to court to fight this. Make the mistake of representing myself, no experience with court. I never had a ticket in 34 years of driving until the last year in which I got one for 10 km over. The prosecutor questions the cop on the stand and asks..."did you at any time lose sight of the vehicle?" . The cop says "no". I get to cross examine and start to ask the cop how he pulled a U turn on a busy 4 lane highway, with both oncoming traffic and also cars going by him from behind (he pulled off on the shoulder to turn around) without losing sight of me...after all I was going about 80 km/hr in the opposite direction to him. The cop starts to stammer and say that he quickly looked back and forth between his rearview and the road and kept his eye on me...that he is trained to do this ..blah blah blah. I'm about to tell the judge that its impossible for the cop to pull a U turn without losing sight of me (he had to look at oncoming traffic)and the fact that the cop perjured himself in telling the prosecutor and the court he did not lose sight of me... and the judge starts to tell me to stick to the facts and that I was using improper procedure ect. Judge seemed quite pissed about me not paying a lawyer to stand by me. I was trying to establish some possible error on the cops part mixing me up with the other guy and the fact that he lost sight of me for a considerable time. Long story short, the judge deems me guilty sets payment for 30 days.

Can I appeal this after i'm deamed guilty? Could any of the cops statements be brougt up in a new trial?

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