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115km/h on hwy 400
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PostPosted: Wed May 25, 2011 6:11 pm 
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I know this technically doesn't fit on this board (3 demerit points) as it seems that 15km/h over just means a 50 dollar fine, I would like some advise though, I'm not sure how I should proceed.

The incident happened in Feb, driving south on highway 400 near Barrie. I was in the fast lane, doing maybe 115-120, pulled into the middle lane and then I notice a police car behind me, a minute later he pulled me over. Officer said I was doing 145km/h, which is pretty out there, my wife was in the car and there is no way she would let me go that fast. He went back to his car, did his thing, and came back and said he reduced it to 115km/h. This will be my first ever driving offence. I did choose option 3 on my ticket, and sent it in. I just received my notice for trial, which is set for sometime in June. I have a couple of questions.

Since this date in June really doesn't work for me, it's right before I go on vacation, and I'm doing a huge project at work where I need to be around that day, can I still change my plea to guilty? Is that a better option for me right now?

Secondly, the notice for trial says the offence is

"You did commit the offence of "CONVERSION STATUTE" contrary to the "HIGHWAY TRAFFIC ACT" section 99999(999)(999)"

Which I thought was strange.

Any advice anyone could give me would be helpful.


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Re: 115km/h on hwy 400
PostPosted: Wed May 25, 2011 8:29 pm 
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I'm guessing your notice of trial is some automated form that's printed out, probably didn't have the data entered correctly.

You can always change your plea to guilty if you want to, the Courts sure don't mind. :)

Just curious, have you received disclosure yet? Is there some particular issue you're going to fight the charge on?

As I always say with speeding tickets, be aware of two things. First, it's an absolute liability offence, meaning there is no excuse for it. You simply have to raise enough reasonable doubt that you never committed the offence. Second, speeding tickets can be raised to the original amount at trial. If the officer really did have you at 45 over, I personally wouldn't risk a full trial unless you've got a sure thing. If the officer shows up and the Crown is ready to proceed, I'd personally plead out to 15 over.


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Re: 115km/h on hwy 400
PostPosted: Wed May 25, 2011 9:07 pm 
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+1

If the cop is there, unless the disclosure was incomplete or inaccurate, I'd plead guilty. The Prosecutor will almost certainly amend the ticket to 45 over if it goes to trial.

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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. *
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Re: 115km/h on hwy 400
PostPosted: Thu May 26, 2011 10:16 am 
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I haven't gotten the disclosure yet, I will request that this week. I just received this letter on Tuesday, it was dated for the 21st of April, I guess it took exceedingly long to get to me.

I don't have anything specific, and maybe I'm being overly dogmatic about this, but I know I wasn't going 145, I feel that I need to say something because I know something must have been done wrong if he clocked me at that rate. If he said 120-125, maybe, but 145 is almost insulting to me. I'm a very careful driver and just do not go that speed. I'm kicking myself for not employing my GPS speed tracker all the time (which is the first thing that gets turned on when my phone goes in the car dock now). I guess the argument would be that he did reduce it to 115, but would he have pulled me over for doing 115 in the first place?

Thanks for the advice, I'll check the disclosure over, I suspect it will be done by the book, at that point I will decide whether it's worth my time off work and hassle.


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Re: 115km/h on hwy 400
PostPosted: Thu May 26, 2011 11:14 am 
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ninjahat wrote:
I guess the argument would be that he did reduce it to 115, but would he have pulled me over for doing 115 in the first place?


Just be aware that for Court purposes, saying you wouldn't have gotten pulled over for 15 over isn't a valid defence (although on a 400 series highway it's quite true). All the Court cares about is whether you were actually speeding or not.


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Re: 115km/h on hwy 400
PostPosted: Thu May 26, 2011 4:04 pm 
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ninjahat wrote:
I'm a very careful driver and just do not go that speed.


Just so you know, almost everyone who's been ticketed for speeding says the same thing.

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Re: 115km/h on hwy 400
PostPosted: Thu May 26, 2011 4:57 pm 
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Radar Identified wrote:
Just so you know, almost everyone who's been ticketed for speeding says the same thing.


I absolutely realize this, and saying that in court would most likely fall on deaf ears. But I'm writing this somewhat anonymously in a forum, I'm not building a case here. I'm simply saying that I actually wasn't going that fast, so I'm confused as to what happened. It's difficult for me to admit something that I know is not the case. Again, this is all stuff people say regardless of the situation, and not much I can do would convince people otherwise.


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Re: 115km/h on hwy 400
PostPosted: Tue Jun 14, 2011 6:36 pm 
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Finally got my disclosure, which amounts to one small page of poorly handwritten notes. Turns out he paced me for 1km going 145km/h, which I find strange, I don't know if it would be possible to be going that fast in one lane for 1 km on hwy 400 on a Saturday afternoon. I have a picture of the traffic that day, and while not bumper to bumper, it's fairly heavy. So I'll submit to your collective judgement, here's my case.

Driving Record (not one ticket ever)
Picture of day showing heavy/moderate traffic

That's about it... does this give me anything? Should I show up to court on the chance that the officer doesn't show up? Reading the forums it seems like that's a good bet for the Toronto area, not so much for Barrie. I assume I would have the opportunity once in court to plead guilty if the officer does show up.


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Re: 115km/h on hwy 400
PostPosted: Tue Jun 14, 2011 8:07 pm 
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It's still your word against his......... and that amounts to exactly squadooche.

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