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Ontario Highway Traffic Act

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109 in an 80 zone
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PostPosted: Sun Apr 17, 2011 11:41 pm 
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Joined: Sun Apr 17, 2011 11:15 pm
Posts: 3
Hello,
I was driving north on 28, the only car on both lanes. A cop car approaches from the front, I see it, I left my foot off the gas instinctively. I check the speedometer, I was under 100km/h, as I usually drive on that road for many years (80km/h zone). She makes eye contact, then as soon as she passes me, she turns on the Christmas tree and follows me. I pull over, she asks for my papers, I hand the papers over. She leaves to the cruiser. In the meantime, another cop car, stealth, pulls over besides her, they talk briefly and then they peel off, U turn and disappear.

I then realize that I gave her the insurance card, ownership and the DL with the sticker that says Valid Photo Card Only cause I just got my temporary GM2 license last week. I never got a chance to give her the temporary green DL as she left to the cruiser with the papers.

She comes to me and hands me over a 109km/h in an 80km/h zone ticket, tells me I have 3 options on the back of the fine and leaves. The ticket is not "R" anywhere.

The fine is $138 with the taxes, but I really know I was NOT doing 109km/h.
I am off next week so I am going to apply for a court date, ask for full disclosure via fax and ask for a translator.

Can I play my card that she gave me a fine on improper/expired documentation? This is my first speeding ticket. I see no other way to fight this since I don't have a black box recorder in my car...


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Re: 109 in an 80 zone
PostPosted: Mon Apr 18, 2011 11:38 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
driver3389 wrote:
Can I play my card that she gave me a fine on improper/expired documentation? This is my first speeding ticket. I see no other way to fight this since I don't have a black box recorder in my car...

It's irrelevant unless identity is somehow an issue. Quite often people get stopped who either forgot their licence or don't have one, yet a ticket can still obviously be issued. All that matters is that it's your name on the ticket. You actually got a break since they could have charged you for not providing the entire licence upon demand.

driver3389 wrote:
The fine is $138 with the taxes, but I really know I was NOT doing 109km/h.

Actually, you probably were. You don't actually know what your speed was at the time the police got you on radar, it could have been well before you saw them. All you know is that after you saw them, you slowed down THEN looked at your speedometer which showed a speed of under 100km/hr.

Unless the disclosure shows some massive error, your best bet is to probably see if the Crown will let you plead to a lower speeding fine, like 15 over.


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Re: 109 in an 80 zone
PostPosted: Mon Apr 18, 2011 1:15 pm 
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Joined: Sun Apr 17, 2011 11:15 pm
Posts: 3
Thank you for the reply. I will go for that one time attendance and hope for the best.
Nice website, lots of useful info, will bookmark for sure :)

Thanks again. I will post an update after it is all over.


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Re: 109 in an 80 zone
PostPosted: Mon Jul 25, 2011 6:25 pm 
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Newbie

Joined: Sun Apr 17, 2011 11:15 pm
Posts: 3
So the show is over. They lowered the fine from 109km/h to 95km/h in an 80 zone, to $45 from $138 and no points.
Would not even consider switching to a non moving violation.
They all know each other, lawyers, prosecutors, judge, court personnel, officers, they were all probably in some backyard for a bbq by 5 PM anyway. They all shook hands, made jokes, talked about common weekends in the waiting room, how is your wife, good, how are your kids, still have a problem with your mustang.......so, I dont expect to get anything better than that.
An I driving slower? Kinda, I am really watching the damn speedometer in that area. Still doing almost 20 over though, like everybody else.
Cheers and thanks for the help.


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