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Ontario Highway Traffic Act

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100 in 80
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PostPosted: Thu Nov 11, 2010 9:41 pm 
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Greetings my fellow speeders (wrongfully accused of course). :lol:

I got a speeding ticket in early April for 118 in 80 by the OPP. Cop reduced it to 100 in 80.

I was 26 at the time, 27 now. No priors.

He was parked along side the road, must've gotten me with a rear mounted radar in his car. It was dark outside and I was pretty much the only car on the road.

I started doing research on the subject the day that I got the ticket. Found lots of info on ticketcombat.com. I picked option 3 and mailed it right away. I got a court date in early August. The date is early March of next year.

I requested disclosure in mid October and got it the other day. I asked for typed notes and details on how the speed clocking device should be calibrated which they didn't provide.

After doing some reading it seems that I got the standard disclosure that everyone else gets. A photocopy of the ticket(both sides), part of cop's notes for the night(most are easy to read except some short hand), confidentiality notice and charge screening form mentioning that he will seek to amend the original speed of 118.

The radar used was Genesis II directional. Does anyone here have OPP's testing policy and procedure for such a unit?

Also, would I qualify for filing the 4F? My court date is almost 11 months since the date of the offense.

I was planning on a plea bargain to try and get it reduced to a non moving violation with increased fine. If that doesn't work then pleading guilty to the original charge.


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PostPosted: Thu Nov 11, 2010 10:06 pm 
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Location: Mississauga
Testing procedures for the radar unit should be provided to you as part of the disclosure. If you did not receive it - request it again. As to the delay, it depends in what jurisdiction it occured. In some jurisdictions 11 month may be sufficient but in others not. Regardless of the jurisdiction, if you believe that your 11b rights were violated - go for it. The guidelines are 8-10 months is acceptable delay, pursuant to Supreme Court of Canada prior decisions.


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PostPosted: Thu Nov 11, 2010 10:28 pm 
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The court date is 7 days short of 11 months after the offense.

How soon in advance should I mail the 4F? If I mail it right now is it possible that the date will be rescheduled sooner? Should I wait until 2 weeks before the date to mail it?

Also, I am in Niagara Region.


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PostPosted: Thu Nov 11, 2010 10:31 pm 
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Charter argument has to be filed "as soon as delay became apparent". Do not play the system. If you rights are violated - why wait? If you simply trying to toss a coin - charter application has to be filed no less that 15 days prior to the argument.


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Re: 100 in 80
PostPosted: Fri Nov 12, 2010 8:23 pm 
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Location: In YOUR rearview mirror!
Bluemobile wrote:
details on how the speed clocking device should be calibrated which they didn't provide..

police can not calibrate radar

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


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PostPosted: Sat Nov 13, 2010 12:30 am 
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Location: Toronto
Bluemobile wrote:
details on how the speed clocking device should be calibrated


Did you mean tested or calibrated? Calibrated is where the manufacturer or a repair shop tinkers with the device to make it accurate, and bench-tests it using all kinds of sophisticated doo-wackies. Testing is done by police to ensure the device is still working properly. Proof of calibration is not required. The testing, however, IS required.

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* 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


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