Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 10 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Speeding 111km/h in a 70km/h zone
Author Message
PostPosted: Tue Nov 01, 2016 9:58 am 
Offline
Newbie

Joined: Tue Nov 01, 2016 9:55 am
Posts: 4
Hello

I got a speeding ticket for going 111km/h in a 70 zone as well as a window tint ticket at 12am on a Saturday as I was 1km from my house :(. So I requested my trail date, which is set for January and have also filled for disclosure. I just received disclosure and am not sure where to proceed from here. My disclosure is below:

Vehicle BMW n/b (northbound) on Mavis Rd from Boyer Blvd in curb lane
Clear [weather conditions]
Posted 70[km/h] x 2
Distance 109m shown [on] laser
Int (Initial) test 19:18
Retest 03:50
Laser Attrenta(?) Ser (Serial) 22597
Caution [for] FTS (failing to show) ownership
Also charged re: tint
Window are so dark on either side of driver that ID cannot be made

I’m going to argue that the tint is legal and you ca nsee the driver. I will take pictures of my car and point out that the cop pulled me over in an area with no street lights so it may have seemed dark to him.

As for the speeding ticket, I will try and argue that he was located on a ramp into a mall area and from what I understand that can effect the reading. It seems like he calibrated the device but Im not entirely sure. Has anyone else fought this kind of ticket? Any other advice on what I can use as a defence or if there is anything else that can be wrong with the ticket or how I was caught?

Thanks!


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 10:11 am 
Offline
Jr. Member
User avatar

Joined: Fri Jan 08, 2016 1:47 pm
Posts: 28
Quote:
Vehicle BMW n/b (northbound) on Mavis Rd from Boyer Blvd in curb lane
Clear [weather conditions]
Posted 70[km/h] x 2
Distance 109m shown [on] laser
Int (Initial) test 19:18
Retest 03:50
Laser Attrenta(?) Ser (Serial) 22597
Caution [for] FTS (failing to show) ownership
Also charged re: tint
Window are so dark on either side of driver that ID cannot be made

I’m going to argue that the tint is legal and you ca nsee the driver. I will take pictures of my car and point out that the cop pulled me over in an area with no street lights so it may have seemed dark to him.

As for the speeding ticket, I will try and argue that he was located on a ramp into a mall area and from what I understand that can effect the reading. It seems like he calibrated the device but Im not entirely sure. Has anyone else fought this kind of ticket? Any other advice on what I can use as a defence or if there is anything else that can be wrong with the ticket or how I was caught?


I believe that would be a Laser Atlanta - commonly used laser by O.P.P. .

Tint : the officer only need to state that the tint was dark enough that it in some way substantially affected his view into the interior of your car from the outside. Also , unless you took the photo's at the date/time/location on the offence notice the crown will likely successful make an argument that will prevent the photos you take from being entered into evidence. (have seen this before) . Personally, if I can't see into your car to give a description of what your wearing and whether or not your wearing your shoulder belt , its too dark. Most JP have sided with me on this one.

Speeding: Are you tossing around the idea that the cosine affect may have thrown off the reading from the laser ? If this is the case don't count on it because the cosine affect is always favourable to the offenders vehicle, the greater the cosine the the lower the displayed speed on the device. Your speed will actually show lower than the speed you were traveling on the speed measurement device.

As for device testing you can cross examine the officer on his testing procedure, on where and how exactly he tested it. This is a very common ticket.

Read through the forums there are lots of posts on speeding tickets issued using laser. Also don't forget to talk to the crown see if a deal can be made.


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 10:39 am 
Offline
Newbie

Joined: Tue Nov 01, 2016 9:55 am
Posts: 4
Nanuk wrote:
Quote:
Vehicle BMW n/b (northbound) on Mavis Rd from Boyer Blvd in curb lane
Clear [weather conditions]
Posted 70[km/h] x 2
Distance 109m shown [on] laser
Int (Initial) test 19:18
Retest 03:50
Laser Attrenta(?) Ser (Serial) 22597
Caution [for] FTS (failing to show) ownership
Also charged re: tint
Window are so dark on either side of driver that ID cannot be made

I’m going to argue that the tint is legal and you ca nsee the driver. I will take pictures of my car and point out that the cop pulled me over in an area with no street lights so it may have seemed dark to him.

As for the speeding ticket, I will try and argue that he was located on a ramp into a mall area and from what I understand that can effect the reading. It seems like he calibrated the device but Im not entirely sure. Has anyone else fought this kind of ticket? Any other advice on what I can use as a defence or if there is anything else that can be wrong with the ticket or how I was caught?


I believe that would be a Laser Atlanta - commonly used laser by O.P.P. .

Tint : the officer only need to state that the tint was dark enough that it in some way substantially affected his view into the interior of your car from the outside. Also , unless you took the photo's at the date/time/location on the offence notice the crown will likely successful make an argument that will prevent the photos you take from being entered into evidence. (have seen this before) . Personally, if I can't see into your car to give a description of what your wearing and whether or not your wearing your shoulder belt , its too dark. Most JP have sided with me on this one.

Speeding: Are you tossing around the idea that the cosine affect may have thrown off the reading from the laser ? If this is the case don't count on it because the cosine affect is always favourable to the offenders vehicle, the greater the cosine the the lower the displayed speed on the device. Your speed will actually show lower than the speed you were traveling on the speed measurement device.

As for device testing you can cross examine the officer on his testing procedure, on where and how exactly he tested it. This is a very common ticket.

Read through the forums there are lots of posts on speeding tickets issued using laser. Also don't forget to talk to the crown see if a deal can be made.


Thank you for all the amazing advice! So from what you are saying I basically cannot get the tint charge removed during my court date sadly.

From the offices notes it does not seem to provide any information on the radar gun model or any relevant pages to the manual. Should I file a second disclosure request asking for:

- Make model serial number and manual for any speed measuring devices used
- Proof of speedometer calibration/accuracy.
- Clarification of whether the speed was determined by radar only

In addition it will only give me a month at most to prepare a defense with all the needed notes, is that enough time or can I file for a stay?

I've never gotten a ticket like this before which is unfortunate as I almost always follow the speed limit. How exactly does the court date work? I didn't request an early resolution but was thinking that on the day of the court I try and negotiate to having the window tint removed and the charge dropped to 29km/over and then I would plead guilty, is there a good chance they would accept this kind of request to not go to trial? Or does it make more sense to go to trial and actually try and argue the ticket.


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 10:46 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1354
What specifically are the two charges that you were charged with (with section numbers)?

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 10:55 am 
Offline
Newbie

Joined: Tue Nov 01, 2016 9:55 am
Posts: 4
jsherk wrote:
What specifically are the two charges that you were charged with (with section numbers)?


Sadly I'm at work and dont have the tickets on me, I will post as soon as I'm home today around 7pm. Off the top of my head the tint was that it was "A coating that obstructed the interior... something along those lines". As for the speeding ticket it was "30 – 49 kilometers over the limit"


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 4:10 pm 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 252
It was a laser charge, not a radar charge, therefore there will be no proof of speedometer calibration/accuracy...and no clarification needed of whether the speed was determined by radar only...the speed was obtained by laser only...
Make and Model: was in his notes...Laser Atlanta, with the serial number...
Everything Nanuk said is correct...


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Tue Nov 01, 2016 6:41 pm 
Offline
Newbie

Joined: Tue Nov 01, 2016 9:55 am
Posts: 4
screeech wrote:
It was a laser charge, not a radar charge, therefore there will be no proof of speedometer calibration/accuracy...and no clarification needed of whether the speed was determined by radar only...the speed was obtained by laser only...
Make and Model: was in his notes...Laser Atlanta, with the serial number...
Everything Nanuk said is correct...


Should I still request the manual for the laser? And relevant secitons such as training, use, anything else?

I've also checked my tickets. They are as follows:

1. COLOUR COATING OBSTRUCTING INTERIOR - HTA 73(3)
2. SPEEDING 111KM/H IN A 70 KM/H ZONE - HTA 128


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Wed Nov 02, 2016 9:02 am 
Offline
Newbie

Joined: Thu Sep 15, 2011 10:40 am
Posts: 17
As far as the window tint, I might suggest one avenue you may want to explore. In 2017, revised motor vehicle safety requirements will come into effect. Most, if not all, of these changes are far more stringent and one of them is gauging the window tint.

A simple description of the process: To accomplish this, shops that have authorization to conduct vehicle safety checks have to procure a "block" gauge which is exactly what it sounds like. The idea is to place the block against the glass on the inside of the window and see if it is visible from the outside. If it can be seen the tint is acceptable, if it cannot be seen, the tint is too dark.

You may want to find a shop that has already procured this block and see if your tint would pass the new 2017 requirements. If it does, you could document this to demonstrate that the tint is legal as per the intent of the regulation. If it doesn't pass the test, well, it may substantiate to you that the officer was correct.

my $0.02.


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Fri Nov 04, 2016 8:46 am 
Offline
Sr. Member

Joined: Sun Apr 27, 2014 10:21 am
Posts: 379
just to quote again what was said earlier

"Tint : the officer only need to state that the tint was dark enough that it in some way substantially affected his view into the interior of your car from the outside...Personally, if I can't see into your car to give a description of what your wearing and whether or not your wearing your shoulder belt , its too dark. Most JP have sided with me on this one. "

riggyzomba wrote:
As far as the window tint, I might suggest one avenue you may want to explore. In 2017, revised motor vehicle safety requirements will come into effect. Most, if not all, of these changes are far more stringent and one of them is gauging the window tint.

A simple description of the process: To accomplish this, shops that have authorization to conduct vehicle safety checks have to procure a "block" gauge which is exactly what it sounds like. The idea is to place the block against the glass on the inside of the window and see if it is visible from the outside. If it can be seen the tint is acceptable, if it cannot be seen, the tint is too dark.

You may want to find a shop that has already procured this block and see if your tint would pass the new 2017 requirements. If it does, you could document this to demonstrate that the tint is legal as per the intent of the regulation. If it doesn't pass the test, well, it may substantiate to you that the officer was correct.

my $0.02.


Top
 Profile  
 
Re: Speeding 111km/h in a 70km/h zone
PostPosted: Fri Nov 04, 2016 2:53 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 924
riggyzomba wrote:
As far as the window tint, I might suggest one avenue you may want to explore. In 2017, revised motor vehicle safety requirements will come into effect. Most, if not all, of these changes are far more stringent and one of them is gauging the window tint.


The new requirements to pass a safety have already been implemented for awhile now. It's not that it's being implemented in 2017, it's that tint requirements aren't applicable for cars built before January 1, 2017.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 10 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Charged 90km in a posted 70km zone, actually 90 Zone

northernhighways

1

597

Fri Jun 13, 2014 1:01 am

Stanton View the latest post

There are no new unread posts for this topic. 106 km/h in a 70km/h zone...

rusure

7

816

Tue Apr 06, 2010 9:14 pm

rusure View the latest post

There are no new unread posts for this topic. Speeding 95 in 60 zone - please help!

nayyarmukul

0

1001

Wed Mar 23, 2011 11:08 am

nayyarmukul View the latest post

There are no new unread posts for this topic. speeding 130 km/h on 90 km/h zone

jackqu

3

916

Thu Sep 24, 2009 1:25 pm

Traffic Law View the latest post

There are no new unread posts for this topic. Speeding - 117km/h in 80 zone

astubbe

1

524

Sun Nov 08, 2009 1:15 am

racer View the latest post

There are no new unread posts for this topic. Speeding 108 Km/Hr in a 60 Km/Hr Zone

Flyingz

0

540

Tue Jun 11, 2013 10:40 am

Flyingz View the latest post

There are no new unread posts for this topic. Speeding 102KM in a 60 Zone

Sonic

0

496

Sun Nov 10, 2013 7:55 pm

Sonic View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: