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125km/h on hwy 407
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PostPosted: Mon Apr 25, 2011 10:08 am 
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Joined: Mon Apr 25, 2011 9:29 am
Posts: 2
Hi

I wonder how I can get away from this offence; Speed limit on 407 is 100km/h, but almost no one drive within 115km/h. On day of offence, I was driving on EB Hwy 407, from Mississauga all the way to Woodbine. The cop car appeared somewhere around highway 10, since then all cars were just staying behind the cop car. For the entire time, the cop car was driving at 118-120 km/h. When we all finally got near highway 404 ramp, the cop car changed lane to get ready to exit on 404, and since Woodbine exit is less than 1km apart after 404, I changed lane after him, as any normal person would do, is to speed up a bit during lane change, and obviously would slow down a bit when getting on to exit ramp (the cop car); Right at that moment, the cop car decided to come back out of the ramp and flashed his light and stopped me. He believes that I was driving at 130 km/h. I am 100% sure I did not reach 130, at most 125-128 for a split second.

When he caught me, there was no radar/laser record at all, as he was driving by himself as well, just patrolling on 407. He did not even have a computer hooked up to his car, so he said he couldn't look up my driving history, so I should just go to the court.

I did some research earlier at other forums, and there is something called "pacing", but I'm wondering if he uses pacing, can I challenge his speedometer accuracy, and when was the last time it was examined? Also, given the distractions at lane changing, how can he ensure his speed did not drop, and therefore my speed was relatively faster?

Also, can someone confirm whether this is a 3 demerit points case? Let's say I should not argue and if I plead guilty with the prosecutor on the day of trial, would I be able to get away from the demerit points? If so, would there by any record that affects insurance?

My court date is less than a week, but I just discovered this forum, just want to see what would you guys advice. Thanks!


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Re: 125km/h on hwy 407
PostPosted: Mon Apr 25, 2011 11:37 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Have you asked for/received disclosure? The effectiveness of the possible defence arguments you've raised will be dependent on what the evidence against you is. The explanation you've provided for why you were speeding is completely irrelevant in Court. Speeding is an absolute liability offence and changing lanes is not a justification.

If you plead guilty you will receive the demerit points as the Courts have no control over them. Once you're found guilty of an offence you're assigned the set number of points by the Ministry. The only way to avoid points is to plead guilty to a lesser offence that doesn't carry any points (15 over or less for speeding) or be found not guilty. Once you're convicted of any offence, regardless of points, it goes on your record. You're insurance can find out about any convictions, though many overlook your first minor conviction.

There is a good chance that the Crown will offer you a plea to a lesser speeding offence on the day of your trial.


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Re: 125km/h on hwy 407
PostPosted: Mon Apr 25, 2011 11:56 am 
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Joined: Mon Apr 25, 2011 9:29 am
Posts: 2
No, I did not ask for a disclosure. How many days does it take to get a response?


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Re: 125km/h on hwy 407
PostPosted: Mon Apr 25, 2011 2:09 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Disclosure requests usually take a few weeks at least. At this point you won't receive it prior to your trial. You'll have to make a request to the Crown on the day of your trial and seek an adjournment if you want time to review it.


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