I got a speeding ticket for going 65 km in a posted 50 km. It was in a small village outside the GTA, on the main street. I turned on to the main street from a country road. The signs that showed that the speed limit dropped from 80 to 50km were further outside the village than where the country road joined the main street, so you had no idea of the drop in speed limit. That section of road where the contry road joins the main street still looks very much like a rural road with an implied limit of 80km. It looks like a classic speed trap where the police do radar right in the middle of the village in front of the 50km sign, which happens to be the first sign you see if you take the route I took. What I did is I went back to the village and I drove the same route as that day and observed that the signage is poor and could lead drivers to make the same mistake I did. I sent an email to Durham region, they sent out an inspector, he agreed with me and Durham region has installed 3 new signs in the village that I reccommended. I said they need another 50km sign between the counrty road and the village, and an eastbound and west bound "school zone" sign. I have this all documented through email. Given these facts, could I argue that I did everything that a reasonable person would do, but the signage was poor, and it has been changed at my suggestion? I imagine I have a good arguement, and rather than opening the door to more people argueing that speeding is a strict liability in certain cases, they might just throw it out? I have a "Plan B" defence prepared based on the police cruiser being to far back from the road to accurately do radar for eastbound traffic, vector angle being too great, houses and vegitation blocking the view of the road. I took pictures of where the car was parked, pictures of the view out the window of the car, etc and printed them out as 8.5x11 inch photos. Suggestions welcome
I got a speeding ticket for going 65 km in a posted 50 km. It was in a small village outside the GTA, on the main street. I turned on to the main street from a country road. The signs that showed that the speed limit dropped from 80 to 50km were further outside the village than where the country road joined the main street, so you had no idea of the drop in speed limit. That section of road where the contry road joins the main street still looks very much like a rural road with an implied limit of 80km.
It looks like a classic speed trap where the police do radar right in the middle of the village in front of the 50km sign, which happens to be the first sign you see if you take the route I took.
What I did is I went back to the village and I drove the same route as that day and observed that the signage is poor and could lead drivers to make the same mistake I did. I sent an email to Durham region, they sent out an inspector, he agreed with me and Durham region has installed 3 new signs in the village that I reccommended. I said they need another 50km sign between the counrty road and the village, and an eastbound and west bound "school zone" sign. I have this all documented through email.
Given these facts, could I argue that I did everything that a reasonable person would do, but the signage was poor, and it has been changed at my suggestion?
I imagine I have a good arguement, and rather than opening the door to more people argueing that speeding is a strict liability in certain cases, they might just throw it out?
I have a "Plan B" defence prepared based on the police cruiser being to far back from the road to accurately do radar for eastbound traffic, vector angle being too great, houses and vegitation blocking the view of the road. I took pictures of where the car was parked, pictures of the view out the window of the car, etc and printed them out as 8.5x11 inch photos.
Unfortunately even if you exercised due diligence, the offence remains one of absolute liability. Exercising due diligence doesnt make it a strict liability matter, its simply what the Courts/Legislation have determined it to be. All the case law for speeding have shown it to be an absolute liability offence.
Unfortunately even if you exercised due diligence, the offence remains one of absolute liability. Exercising due diligence doesnt make it a strict liability matter, its simply what the Courts/Legislation have determined it to be. All the case law for speeding have shown it to be an absolute liability offence.
To be clear, speeding less than 50 km/hr over the limit is absolute liability. Speeding more than 50 km/hr over the limit is strict liability. This area is ripe for a constitutional challenge. If you have $10,000 or $20,000 you could do it :)
To be clear, speeding less than 50 km/hr over the limit is absolute liability. Speeding more than 50 km/hr over the limit is strict liability. This area is ripe for a constitutional challenge. If you have $10,000 or $20,000 you could do it
has anyone successfully used 'due diligence' against a s172 charge? i have an example of an epic fail attempt: R. v. Anghel, 2010 ONCJ 652 (CanLII): http://canlii.ca/t/2fg2d Mr. Anghel gave evidence that he believed he was travelling at a speed of perhaps 127 kilometres an hour. He based that belief on his speedometer reading and also his GPS unit. He acknowledged that he did not know if the GPS unit was capable of giving an accurate speed measurement, he did not give any evidence of having his speedometer checked for accuracy. He also acknowledged that his speed could fluctuate up or down depending on the pressure he put on the accelerator but he believed that he did not go over 130 kilometres an hour at any time. Was his belief reasonable then? I am not satisfied that his belief that he at no time went over the rate of speed that would qualify as stunt driving was a reasonable one in the circumstances considering that he did not take steps to ensure the accuracy of the devices he was relying on and he knew or should have known that his speed would not remain constant but would fluctuate depending on the terrain and his pressure on the accelerator. Mr. Anghel was intentionally travelling at a rate of speed that he thought was very close to, but he hoped, not over 50 kilometres over the speed limit. He testified that there was no compelling reason, nothing forced him to speed and certainly nothing was forcing him to travel at such a high rate of speed. It would be ludicrous to suggest that he was exercising due diligence in that situation. I am not satisfied that any defence to this charge has been made out and there will be a conviction for the offence of stunt driving, contrary to section 172(1) of the Highway Traffic Act.
has anyone successfully used 'due diligence' against a s172 charge? i have an example of an epic fail attempt:
Mr. Anghel gave evidence that he believed he was travelling at a speed of perhaps 127 kilometres an hour. He based that belief on his speedometer reading and also his GPS unit. He acknowledged that he did not know if the GPS unit was capable of giving an accurate speed measurement, he did not give any evidence of having his speedometer checked for accuracy. He also acknowledged that his speed could fluctuate up or down depending on the pressure he put on the accelerator but he believed that he did not go over 130 kilometres an hour at any time. Was his belief reasonable then? I am not satisfied that his belief that he at no time went over the rate of speed that would qualify as stunt driving was a reasonable one in the circumstances considering that he did not take steps to ensure the accuracy of the devices he was relying on and he knew or should have known that his speed would not remain constant but would fluctuate depending on the terrain and his pressure on the accelerator. Mr. Anghel was intentionally travelling at a rate of speed that he thought was very close to, but he hoped, not over 50 kilometres over the speed limit. He testified that there was no compelling reason, nothing forced him to speed and certainly nothing was forcing him to travel at such a high rate of speed. It would be ludicrous to suggest that he was exercising due diligence in that situation. I am not satisfied that any defence to this charge has been made out and there will be a conviction for the offence of stunt driving, contrary to section 172(1) of the Highway Traffic Act.
(11) No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway or portion of it affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations. 2005, c. 26, Sched. A, s. 17 (5)."
"2. (1) Subject to section 4, where a maximum rate of speed other than that prescribed by subsection 128 (1) of the Act is prescribed for a highway in a local municipality or built-up area, speed limit signs shall be erected on the highway, in each direction of travel,
(a) not more than 600 metres apart where the speed limit prescribed is 60 kilometres per hour or less; and
(b) not more than 900 metres apart where the speed limit prescribed is greater than 60 kilometres per hour and not more than 70 kilometres per hour. R.R.O. 1990, Reg. 615, s. 2 (1); O. Reg. 175/08, s. 1.
(2) Where the maximum rate of speed for a highway in a built-up area more than 1,500 metres in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 900 metres apart. R.R.O. 1990, Reg. 615, s. 2 (2).
(3) Where the maximum rate of speed for a highway in a built-up area 1,500 metres or less in length is that prescribed by subsection 128 (1) of the Act, speed limit signs shall be erected on the highway not more than 300 metres apart. R.R.O. 1990, Reg. 615, s. 2 (3)."
Durham Region added another sign, which implies admission that the existing signage did not meet the regulations. If so, the speed regulating by-law was not in effect at the time you were ticketed and the speed limit reverts to the stipulations of 128(1). The speed limit is still 50kph if the area meets the definition of "built up area".
"built-up area" means a territory contiguous to a highway not within a local municipality, other than a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, where,
(a) not less than 50 per cent of the frontage upon one side of the highway for a distance of not less than 200 metres is occupied by dwellings, buildings used for business purposes, schools or churches,
(b) not less than 50 per cent of the frontage upon both sides of the highway for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches, or
(c) not more than 200 metres of the highway separates any territory described in clause (a) or (b) from any other territory described in clause (a) or (b),
Or is in a municipality that was not a township prior to January 1 2003 and is not proscribed in Regulation 619. But the prosecution would have to prove one of those cases apply.
with the trace of emails, present them to the prosecutor ahead of time vector angle - inaccurate, it is called the cosine affect, to which the greater the cosine angle, the lower the reading on your vehicle, so is in your favour. Picture of view out your personal car will not be accurate as to that fficers view, height of car, curvature of vehicle frame, roof, height of seat, seating position of officer, all will not be the same as the "photo". Often use those items (house/vegetation/snow bank etc..) to our their advantage, place themselves to they can actually see past them, but is very minimal being seen approaching. In winter someone I know might have been known to park behind a snowbank then shovel off the top, level with driver's door ;)
with the trace of emails, present them to the prosecutor ahead of time
Heynow999 wrote:
I have a "Plan B" defence prepared based on the police cruiser being to far back from the road to accurately do radar for eastbound traffic, vector angle being too great, houses and vegitation blocking the view of the road. I took pictures of where the car was parked, pictures of the view out the window of the car, etc and printed them out as 8.5x11 inch photos.
vector angle - inaccurate, it is called the cosine affect, to which the greater the cosine angle, the lower the reading on your vehicle, so is in your favour. Picture of view out your personal car will not be accurate as to that fficers view, height of car, curvature of vehicle frame, roof, height of seat, seating position of officer, all will not be the same as the "photo". Often use those items (house/vegetation/snow bank etc..) to our their advantage, place themselves to they can actually see past them, but is very minimal being seen approaching.
In winter someone I know might have been known to park behind a snowbank then shovel off the top, level with driver's door
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Is speeding 50+ strict liability? Or simply the related stunt driving charge? I was under the impression it was the latter, while the actual offence under section 128 remained absolute liability.
Simon Borys wrote:
To be clear, speeding less than 50 km/hr over the limit is absolute liability. Speeding more than 50 km/hr over the limit is strict liability. This area is ripe for a constitutional challenge. If you have $10,000 or $20,000 you could do it
Is speeding 50+ strict liability? Or simply the related stunt driving charge? I was under the impression it was the latter, while the actual offence under section 128 remained absolute liability.
Almost worked except I saw the light deck on the roof... My understanding is that Stunt Driving - speeding 50 km/h or more is strict liability (s 172) but Speeding 50 km/h over the limit under s. 128 is absolute liability... Haven't been doing much court observation recently but I've seen use of the s. 128 for 50 over increasing in the GTA... might also just be the cases I was watching...
hwybear wrote:
In winter someone I know might have been known to park behind a snowbank then shovel off the top, level with driver's door
Almost worked except I saw the light deck on the roof...
Stanton wrote:
Is speeding 50+ strict liability? Or simply the related stunt driving charge?
My understanding is that Stunt Driving - speeding 50 km/h or more is strict liability (s 172) but Speeding 50 km/h over the limit under s. 128 is absolute liability... Haven't been doing much court observation recently but I've seen use of the s. 128 for 50 over increasing in the GTA... might also just be the cases I was watching...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Speeding, to wit more than 50 km/hr over the limit is absolute liability, just like speeding under 50 km over the limit. Stunt driving going more than 50 over the limit is an strict liability offence per R v Raham. No, that doesn't make sense. This is ripe for a constitutional challenge to bring the 2 offences in line one way or the other.
Speeding, to wit more than 50 km/hr over the limit is absolute liability, just like speeding under 50 km over the limit. Stunt driving going more than 50 over the limit is an strict liability offence per R v Raham. No, that doesn't make sense. This is ripe for a constitutional challenge to bring the 2 offences in line one way or the other.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.