I was driving on highway 40 today and a police officer was in an unmarked vehicle, purposefully going about 90/95 trying to bait people to pass him. When I performed a safe pass - doing pretty much everything by the books (signaling, waiting for dotted line, clear traffic, barely speeding up) etc. The officer decided he couldn't write me for doing an unsafe pass, so he wrote for speeding instead; by taking the reading my vehicle was traveling at while passing and creating a safe following distance. When I pressed him for an answer as to why the ticket was written he say "it's too busy, you shouldn't be passing on this road". Which is a bit hypocritical considering he was trying to impeded the flow of traffic, within the confines of the law. A very significant portion of vehicles travel faster than his rate of speed including other police officers on this road. And when you drive just above 80, people gun it up to 120 very often to perform a quick pass. There doesn't appear to be any fatal errors on the ticket (Set fine $97.50, Total payable $122.50). Are these correct? Given how speeding is an absolute liability offensive, is there anything that would stand up in court for a case like this? I haven't received disclosure yet, but will definitely be pleading not guilty and requesting it. There's nothing to lose as a reduction wasn't handed out.
I was driving on highway 40 today and a police officer was in an unmarked vehicle, purposefully going about 90/95 trying to bait people to pass him. When I performed a safe pass - doing pretty much everything by the books (signaling, waiting for dotted line, clear traffic, barely speeding up) etc. The officer decided he couldn't write me for doing an unsafe pass, so he wrote for speeding instead; by taking the reading my vehicle was traveling at while passing and creating a safe following distance. When I pressed him for an answer as to why the ticket was written he say "it's too busy, you shouldn't be passing on this road". Which is a bit hypocritical considering he was trying to impeded the flow of traffic, within the confines of the law. A very significant portion of vehicles travel faster than his rate of speed including other police officers on this road. And when you drive just above 80, people gun it up to 120 very often to perform a quick pass.
There doesn't appear to be any fatal errors on the ticket (Set fine $97.50, Total payable $122.50). Are these correct? Given how speeding is an absolute liability offensive, is there anything that would stand up in court for a case like this? I haven't received disclosure yet, but will definitely be pleading not guilty and requesting it. There's nothing to lose as a reduction wasn't handed out.
lol. On a single lane highway, you decided to pass an officer who was already doing 15km over the limit. Did you ever stop to think this might not be a good idea? Not sure I follow. How is the officer, who is on a single lane highway and travelling over the limit, impeding traffic by the confines of the law? You can always wait for disclosure and go from there.
lol. On a single lane highway, you decided to pass an officer who was already doing 15km over the limit. Did you ever stop to think this might not be a good idea?
stickz wrote:
Which is a bit hypocritical considering he was trying to impeded the flow of traffic, within the confines of the law.
Not sure I follow. How is the officer, who is on a single lane highway and travelling over the limit, impeding traffic by the confines of the law?
You can always wait for disclosure and go from there.
He was travelling slower than the average speed on that highway. Just like the 400 series, most people drive 20 over by default on that highway. He was in an unmarked vehicle, I had no clue until after the fact. The situation was largely circumstantial to the point where he was literally waiting for people to take the bait and pass him. Essentially provoking then hammering for speeding. This is an example of bad law enforcement because they do things to try and trigger people then punish them for it. What I meant to say, is that it's perfectly legal to drive the speed limit or near it. But it ticks people off and congests a lot of traffic to the point where people behind you are forced to go slower. Essentially, impeding traffic but doing it legally.
He was travelling slower than the average speed on that highway. Just like the 400 series, most people drive 20 over by default on that highway. He was in an unmarked vehicle, I had no clue until after the fact. The situation was largely circumstantial to the point where he was literally waiting for people to take the bait and pass him. Essentially provoking then hammering for speeding. This is an example of bad law enforcement because they do things to try and trigger people then punish them for it.
What I meant to say, is that it's perfectly legal to drive the speed limit or near it. But it ticks people off and congests a lot of traffic to the point where people behind you are forced to go slower. Essentially, impeding traffic but doing it legally.
I missed the part about being an unmarked car. That's my mistake. Your assumptions however of the officers intentions I feel are a little off base. The officer didn't need bait you into speeding. You're already speeding when you're following him at a pace greater than the speed limit. Had the officer really wanted to pull you over at that moment, they would have. The officer didn't. They didn't need to wait for you to be in front. The fact that the officer wasn't dead set at 80 but allowed you to follow more comfortably, in my opinion, is rather cool of the officer. The point where you pass an officer using the opposite lane going nearly 30km over the speed limit, you kind of leave him with no choice. I'm not sure the reason why you feel combative during the stop, and in your words, are pressing him for an answer to why a ticket was being written. You're not exactly doing yourself any favours. The road side isn't a court room and you just passed an officer on a single lane highway doing well over the limit. Be a little more humble. No, you don't have to admit to speeding but at least don't give him a reason to do everything by the book. As far as the ticket goes, you've announced your decision to plead not guilty. You can wait for your notice of trial and then have your disclosure request ready. You can choose to use a template you found online. In my opinion, don't. They are usually bloated with request 99% of people can't explain why they need them or how they're relevant. Usually the forms provided by the provincial are good enough. If not, you can use that as a template and add additional requests relevant to your charge. Take a look their website as they may have the information of the prosecution office like an email address, fax, etc. If not, call the court offices and ask. There isn't much you can do until then.
I missed the part about being an unmarked car. That's my mistake.
Your assumptions however of the officers intentions I feel are a little off base. The officer didn't need bait you into speeding. You're already speeding when you're following him at a pace greater than the speed limit. Had the officer really wanted to pull you over at that moment, they would have. The officer didn't. They didn't need to wait for you to be in front. The fact that the officer wasn't dead set at 80 but allowed you to follow more comfortably, in my opinion, is rather cool of the officer. The point where you pass an officer using the opposite lane going nearly 30km over the speed limit, you kind of leave him with no choice.
I'm not sure the reason why you feel combative during the stop, and in your words, are pressing him for an answer to why a ticket was being written. You're not exactly doing yourself any favours. The road side isn't a court room and you just passed an officer on a single lane highway doing well over the limit. Be a little more humble. No, you don't have to admit to speeding but at least don't give him a reason to do everything by the book.
As far as the ticket goes, you've announced your decision to plead not guilty. You can wait for your notice of trial and then have your disclosure request ready. You can choose to use a template you found online. In my opinion, don't. They are usually bloated with request 99% of people can't explain why they need them or how they're relevant. Usually the forms provided by the provincial are good enough. If not, you can use that as a template and add additional requests relevant to your charge. Take a look their website as they may have the information of the prosecution office like an email address, fax, etc. If not, call the court offices and ask. There isn't much you can do until then.
In Ontario speeding is absolute liability meaning you either were or you were not speeding. Somebody driving slower than everybody else is not a reason to speed. Officer in unmarked car is irrelevent. Speed limit was 80, so even if you pass at 81 then you were speeding. Police are allowed to speed while on duty because somehow they are safer drivers than the rest of us, but I digress. I would still plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes, manual for radar). Once you get the notes then you can decide if you have a case or not.
In Ontario speeding is absolute liability meaning you either were or you were not speeding. Somebody driving slower than everybody else is not a reason to speed. Officer in unmarked car is irrelevent. Speed limit was 80, so even if you pass at 81 then you were speeding.
Police are allowed to speed while on duty because somehow they are safer drivers than the rest of us, but I digress.
I would still plead NOT GUILTY and request a trial with the officer present. Once you get your Notice of Trial, then you can request disclosure (officers notes, manual for radar). Once you get the notes then you can decide if you have a case or not.
just to reiterate what jsherk has said, I've seen a few threads on this, if you "speed" to overtake your still speeding. a trick to spotting unmarked * They are almost always GM's * Chargers * Any colour * on the back they have 3 (I think they are antennas) 1 in the middle which is about 4" and looks like a mobile aerial 2 either side, small square about the size of your palm, like a cigarette box, boxes are usually body coloured every car that meets thoes, when I've driven past has a cop with a laptop in it
just to reiterate what jsherk has said,
I've seen a few threads on this, if you "speed" to overtake your still speeding.
a trick to spotting unmarked
* They are almost always GM's
* Chargers
* Any colour
* on the back they have 3 (I think they are antennas) 1 in the middle which is about 4" and looks like a mobile aerial 2 either side, small square about the size of your palm, like a cigarette box,
boxes are usually body coloured
every car that meets thoes, when I've driven past has a cop with a laptop in it
jsherk wrote:
In Ontario speeding is absolute liability meaning you either were or you were not speeding. Somebody driving slower than everybody else is not a reason to speed. Officer in unmarked car is irrelevent. Speed limit was 80, so even if you pass at 81 then you were speeding.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
