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100kph in a posted 80kph zone
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PostPosted: Thu Mar 08, 2012 9:46 pm 
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Joined: Thu Mar 08, 2012 9:17 pm
Posts: 3
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and wrote me a ticket for 100kph. Now im sure of the fact I was not exceeding 80kph when I passed him.

Questions:
If I pay the fine will I have demerit points against me?
The court house in belleville which is a 3hour drive from me do i get reimbursed for the drive?
What are the consequences of taking it to court?
How do I go about preparing myself for court?
Can a cop car record speeds from its rear?


Thanks in advance for any answers!


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Re: 100kph in a posted 80kph zone
PostPosted: Thu Mar 08, 2012 10:09 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
Driver Jason wrote:
Questions:
If I pay the fine will I have demerit points against me?

20 over caries 3 demerit points
The court house in belleville which is a 3hour drive from me do i get reimbursed for the drive?
You do not get reimbursed for the drive
What are the consequences of taking it to court?
No consequences, nothing to lose, almost suggested.
How do I go about preparing myself for court?
Start off by Filing for Option 3, asking for a trial. Then ask for disclosure. If you do a search of this forum you can find many examples of what you would need.
Can a cop car record speeds from its rear?
Yes, there is numerous radars that have a front and rear antenna, (can get you ahead and behind) . Further to that it can be in the same direction mode, or opposing mode.


Thanks in advance for any answers!


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Re: 100kph in a posted 80kph zone
PostPosted: Thu Mar 08, 2012 10:29 pm 
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Joined: Thu Mar 08, 2012 9:17 pm
Posts: 3
Thanks for the reply! so do I check the box requesting the officer to be present? and do I need to hand the ticket in person to the courthouse or is mailing it alright? also when should I request disclosure and can I do it via-mail or phone?


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Re: 100kph in a posted 80kph zone
PostPosted: Thu Mar 08, 2012 11:22 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
paul1913 wrote:
Driver Jason wrote:
What are the consequences of taking it to court?
No consequences, nothing to lose, almost suggested.


Not quite true as speeding tickets can be raised back up to the full amount at trial. If the officer clocked you at 109, the Crown will probably request the charge be amended to 29 over at trial. Same number of demerit points, but the fine would go up to $138.75. Not a huge difference, but something to be aware of.


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Re: 100kph in a posted 80kph zone
PostPosted: Thu Mar 08, 2012 11:37 pm 
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Joined: Thu Mar 08, 2012 9:17 pm
Posts: 3
Upon closer examination of the ticket it says R108 as the code. Now I know at no point I exceeded 100kmph. How easy is it for the officer to falsely put this on the ticket? do I have any way of disproving him. It seems as though it just my word against his.


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Re: 100kph in a posted 80kph zone
PostPosted: Fri Mar 09, 2012 1:10 am 
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Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
Stanton, 9 out of 10 times, it doesn't get raised back up to the original fine. If it goes to trial and a conviction is entered they will add the court costs which puts it higher than the set fine / total payable for the offence if it wouldn't go to trial. But really what do you have to lose, not a whole lot.

@Jason, the R108 in the code box means that your actual speed that you were caught at was 108, but the officer reduced it and charged you with a lesser speed. So it is not an error, just discretion used to lower your fine.


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Re: 100kph in a posted 80kph zone
PostPosted: Fri Mar 09, 2012 7:04 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
paul1913 wrote:
Stanton, 9 out of 10 times, it doesn't get raised back up to the original fine. If it goes to trial and a conviction is entered they will add the court costs which puts it higher than the set fine / total payable for the offence if it wouldn't go to trial. But really what do you have to lose, not a whole lot.


I'd disagree. Over the last year or so I'd say it's become pretty much standard practice (at least in Southern Ontario) to amend the speed back up to the full amount. But I do agree that if the conviction itself is your main concern then it shouldn't necessarily deter you. Also, I don't think the Court costs should be any higher, win or lose. The only additional fee I'm aware of is if you schedule a trial and fail to attend.


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