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Ontario Highway Traffic Act

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104 in an 80 zone, brought down to 96 in 80
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PostPosted: Wed Feb 10, 2010 3:48 pm 
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Hi All
First post here.

Driving NB from Cornwall to Ottawa on Hwy 138 (posted 80)
Nice Sunday cruise, no cars for miles. Eventually I slowly creeped up on a car in front of me that turned out to be an OPP.

Says i pulled up behind him at 104 while he was doing 84.
I have a GTP with Heads up Display in my windshield (digital reading of my speed displayed on the windshield) and told the officer that my HUD speedo did not surpass 100kmh (as i know that HWY 138 is notorious for speeders.

Given the 3 demerit points i will be fighting this.
My question, does a cop admitting to be doing 84 have any negative effect on his case against me despite my speeding? Or is that a 2 wrongs dont make a right scenario.

i, like everyone else here, dont care so much about the 55$ fine. its the insurance im worried about.

Any tips appriciated.


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PostPosted: Wed Feb 10, 2010 7:00 pm 
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mrsharkspoiler wrote:
told the officer that my HUD speedo did not surpass 100kmh


Even so... if at any point you were above 80 km/h... that's still grounds to lay a speeding charge.

mrsharkspoiler wrote:
My question, does a cop admitting to be doing 84 have any negative effect on his case against me despite my speeding?


Nope. Police officers are allowed to exceed the speed limit during the course of their duties.

There are a number of options here. The officer reduced it to 96, I'm a little surprised he didn't just reduce it to 95, which would be no demerit points. If you're going to reduce to 16 over, why not 15? Oh well... not my call. You could try plea-bargaining to 15-over, which, depending on your insurance company, may not result in an increase. Some hit you for every ticket you get, others forgive one or two minor ones.

First step is getting the paperwork filed, indicating you want to plead not guilty and a trial. This at least opens the possibilities up, everything from plea-bargaining to possible stays of proceedings to being found not guilty, depending on how it goes. Keep us posted.

Also a handy reference is www.ticketcombat.com

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PostPosted: Wed Feb 10, 2010 11:59 pm 
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Earlier today i called Xcopper, Pointts , etc..
im not sure whether i should list their prices on here so i wont. though to give an idea. one of them told me they could take care of everything ie. my plea, going to court, the whole 9 yards, for about the same as what 1 day's wages would be.

given that the court i would appear at is also 1 hour away from me, im considering retaining their services.

absolute worse case, im stuck paying my original fine.
best case, they throw it out, or at least get it reduced to 0 points and i pay the fine..
my 1 day lost wage, plus gas would be a write off anyway

good approach?


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PostPosted: Thu Feb 11, 2010 12:42 am 
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Seems like a good idea. You did your own math, and it works out in your favour.

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PostPosted: Thu Feb 11, 2010 10:00 am 
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racer wrote:
Seems like a good idea. You did your own math, and it works out in your favour.


X2

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PostPosted: Fri Feb 12, 2010 11:14 am 
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Thanks guys


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