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129km/h in 100km/h zone on the 401. Chatham-Kent
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PostPosted: Wed Sep 25, 2013 1:07 pm 
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Joined: Wed Sep 25, 2013 12:45 pm
Posts: 1
I was driving along the 401 heading to Windsor. OPP was hiding under a bridge behind the pillar at Communications Rd.
He clocked me in going 143km/h. He reduced the speed down to 129km/h on the ticket and wrote an "R" in the code section.

He told me if I was to challenge him in court, I would be fighting the full charge of 143km/h. He said he's giving me a break because he ran my plates and everything was good. He said the full charge would be $315 and 4 points. He also said the reduced fine is $138.75 and 2 points. Okay is it actually 2 points or 3 points?

What should I do now?


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Re: 129km/h in 100km/h zone on the 401. Chatham-Kent
PostPosted: Wed Sep 25, 2013 4:20 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
http://www.e-laws.gov.on.ca/html/regs/e ... 0339_e.htm

+43kph = 4 demerit points
+29kph = 3 demerit points

The fine for +29kph looks correct (set fine = 29x3.75 = 108.75) + (victim surcharge = 25) + (court fee = 5) = 138.75

File it for trial, request disclosure and go from there.


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Re: 129km/h in 100km/h zone on the 401. Chatham-Kent
PostPosted: Mon Jul 04, 2016 12:30 pm 
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Joined: Mon Jul 04, 2016 12:21 pm
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This exact same situation occurred with me.
I was driving in Huntsville going to Algonquin and on a slope. The weather was a bit drizzly and cloudy. On a slope, I must have been only a little over 100 in a 100 zone. As soon as the slope ended, I saw a cop car and I started to slow down. I noticed my speedometer and I was around 120kph. I started to slow down further as my car was full of camping equipment, I could not slam the brakes.
The cop came behind me and I pulled over. He said, I was going 148 kph! I was utterly shocked, as I noticed my speedometer after the slope to be at 120 kph. Something didn't seem right but I cannot argue with an officer. I accepted the ticket and now I am not sure what should I do?
He checked my records and told me I have a good record so he gave me a reduced ticket of 129 kph in a 100 zone and told me 2 demerit points. I checked online, it is actually 3 demerit points for 29 kph over. He also told me, if you opt to go to trial, we would fight it for 148 kph!
I am very disappointed as I usually do not speed. I love using cruise control and set it to 100-105 kph .
If I fight this ticket via X-copper or any other paralegal service, and lose my case, would I be convicted with 148 kph and 4 demerit points! It sounds and feels very unjust.

Any suggestions? Should I fight it?


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Re: 129km/h in 100km/h zone on the 401. Chatham-Kent
PostPosted: Mon Jul 04, 2016 3:31 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You should ALWAYS fight it, or at least prepare to fight it.

If you take it trial and lose, then yes you will be charged with 48 over and 4 demerits. But remember insurance does not care about demerits, so 29 over with 3 demerits affects your insurance the same as 48 over with 4 demerits.

You should plead Not Guilty and request a trial with the officer present. Once you get your notice of trial and the trial date, then you can request disclosure (officers notes, copy of speed measuring device manual). Once you get disclosure, post the notes here so we can review them.

I would not hire a paralegal until after you have the disclosure. There is no point paying them to do this for you.

You can plead guilty to the 29 over charge anytime up until the trial starts, so you have nothing to lose by reviewing disclosure first.

_________________
+++ This is not legal advice, only my opinion +++


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