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Ontario Highway Traffic Act

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120 in a 100, any thoughts?
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PostPosted: Fri Jul 06, 2012 7:24 pm 
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Hi all,

Came across this website while trying to find information in regards to my recent speeding ticket. Thought it would be great to see if anyone had any thoughts on it.

It is as follows:

Driving east on the 401 in Milton during the recent long weekend. Cruise control set to just under 120 while sitting in the middle lane. Three other cars sitting around me, two behind and one beside in the slow lane, all going as fast as I was...no excuse, I know.

We come up on an OPP unit sitting in the fast lane with varied speed. He pulls away regularly and slows down, my speed as constant as cruise allows. We drive along with him for roughly 10-15minutes.

Eventually he starts to slow down and my car, being beside him, starts to go past. I just get my back bumper beyond his front, he jams on the breaks, throws the flashers on and cuts off the car behind me.

Approaches the car and asks what the big rush is. I say that there is no rush, I was moving with traffic. He tells me that he cannot allow me to pass a marked OPP officer on the highway as it undermines him...then adds that I must be stupid to do so.

The officer returns with the ticket and tells me how I can pay it. I ask what speed he clocked me at. Unfortunately, it was at this point that I was foolish enough to admit that my cruise was set to just under 120 and that 8 years ago, while receiving a ticket on the highway the officer told me that so long as I never exceeded 120 I would not be ticketed. He said that was good for that officer.

If anyone has any thoughts on this I'd be really interested. I cannot seem to find any federal or provincial laws outlining the methods allowed for determining speed. Given that the officer was ahead of me in another lane, I feel as though using "pacing" is not an acceptable method.

Any thoughts would be greatly appreciated. My concern here is my insurance. I am over 25, and although this seems like a b.s. ticket to me, I'm sure my insurance provider will jump at the opportunity to increase my premium.

-Bobby


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Re: 120 in a 100, any thoughts?
PostPosted: Mon Jul 09, 2012 10:29 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
There are no specific provincial laws about which device will be used to measure speed or won't. It's from court cases, such as R. v. Vancrey and so on. Pacing, radar, lidar, and timing between two fixed distances are all accepted methods by the courts.

The officer could've had your speed on "rearward looking radar." The only way you'll know that is to get the officer's notes by making a disclosure request after you get a trial date.

If nothing else, if you plea bargain down to 15 over, odds are your insurance company won't increase your premiums that much. My insurance company didn't care when I had one ticket for 15 over on the books... but a second one resulted in an increase.

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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. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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