116KM/hr in 100KM/hr seriously?

nbzezinski
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116KM/hr in 100KM/hr seriously?

by: nbzezinski on
Wed Aug 19, 2015 11:28 pm

An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says 116.

For some odd reason I saw him on the phone and I think called the OPP over which he arrived after a few short minutes, they talked, and the OPP stayed behind his car. After the undercover cop left, I took off and the OPP followed me, I thought I was escorted to Toronto by him, haha quite funny but he took an exit as well a few KM down the road.

On the ticket it said 116KM on 100KM, but seriously? Like give me a break, drivers go 120 which I mostly do and some 130, ihghway 400 is quite, and it seems like I ran into a miserable old man that day, or a guy trying to meet his quota. My first offense by the way.

Anyone else ran into such a situation? Any advice, thanks!


ynotp
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by: ynotp on
Thu Aug 20, 2015 9:07 am

Who issued you the ticket the officer who pulled you over of the OPP? Was the officer who pulled you over OPP as well? To beat this you need either a technicality or successfully challenge the officer's evidence in court. You cannot successfully use the defence that you are going with the flow of traffic if it involves you saying you were exceeding the posted speed limit even by 1 kilometer.

Ask for a trial and obtain disclosure and post it here.


jsherk
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by: jsherk on
Thu Aug 20, 2015 9:14 am

Unfortunately speeding in Ontario is considered an Absolute Liability offense which means either yes you were speeding or no you were not speeding, and there are no acceptable reasons that you can give as to why you were speeding (except your life was somehow in danger). As soon as you say "I was speeding but..." everything after the "but" is irrelevant.

First thing is to check for fatal errors on the Notice of Offense? What is the SET FINE and TOTAL PAYABLE? What is the Section Number of the offense? What does the wording of the charge say?

Assuming no fatal errors, I would still choose NOT GUILTY Option for a Trial with the Officer Present. Once you get your Notice of Trial then you can request disclosure (officers notes). Once you get disclosure then you can make a better informed decision as to whether you should fight it or not.
+++ This is not legal advice, only my opinion +++


nbzezinski
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by: nbzezinski on
Thu Aug 20, 2015 11:39 am

The OPP did not give me the ticket, the guy who was undercover did (why did an OPP car come over?). He was wearing white uniform, he didn't say who he was, he just asked if I was in a hurry. It's absolutely shocking that I would be stopped going 116, while you do keep with the flow of traffic and drivers going 120+, I guess I was the unlucky one.

The fine was $55
Section 128
Last edited by nbzezinski on Thu Aug 20, 2015 11:47 am, edited 1 time in total.








jsherk
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by: jsherk on
Thu Aug 20, 2015 4:13 pm

It's TAY TWP = Tay Township which is north of Barrie.

I think 302 is some number OPP use to designate Tay Township as I have seen 301 used for Tiny Township which is beside Tay Township.
+++ This is not legal advice, only my opinion +++






jsherk
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by: jsherk on
Thu Aug 20, 2015 5:34 pm

Maybe he had radar in his car, but more likely he paced you (since you passed him), but you won't know that until you get disclosure.

Once you get disclosure you can see what evidence he recorded as to your speed.
+++ This is not legal advice, only my opinion +++


UnluckyDuck
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by: UnluckyDuck on
Fri Aug 28, 2015 11:21 am

Keep in mind, 16 over carries a total fine of $55 and 3 demerit points. If worst comes to worse, see if the prosecutor will offer a plea to 15 over. Some may argue that its only 1 km, but the total fine is $52.50 and 0 Points.


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