20km/hr over reduced to 15km/hr

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20km/hr over reduced to 15km/hr

by: fiefa on
Tue Oct 13, 2015 9:33 pm

Hi, I was wondering if it is worth fighting my first ticket which got reduced from 20 over to 15 over. I received my ticket today while driving on highway 93. The posted speed limit was 60km/hr on a downhill with a posted 80km/hr will begin again. I was going down a hill so I was coasting as the new speed limit would be 80km/hr so I saw no point braking. Yet by not braking the police had a radar trap set up right before the 80km/hr sign. I was pulled over in the 80km/hr area for doing 80km/hr in a 60 zone but my speed would have been correct for the new zone. Should I try fighting it as it is my first ticket? Also could the police officer have pulled me over for doing 60km/hr in an 80km/hr zone by being too slow in this case? Just trying to figure out what to do at this point.
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by: iFly55 on
Tue Oct 13, 2015 10:35 pm

80km/hr begins sign is where the new speed limit starts; you can not accelerate or increase your speed until you pass the "begins" sign; before the sign it is a 60km/hr zone.

It does not matter where you're stopped, it matters where you were when the officer obtained your speed. You can obtain this information through disclosure requests.

1. File the ticket for trial, request for the officer to be present.
2. Once you receive your notice of trial with the trial date, request disclosure: http://www.ontariohighwaytrafficact.com/topic2959.html
3. Review the disclosure, and choose whether you want to plea-deal or go to trial.

Unnecessary slow driving prohibited
132. (1) No motor vehicle shall be driven on a highway at such a slow rate of speed as to impede or block the normal and reasonable movement of traffic thereon except when the slow rate of speed is necessary for safe operation having regard to all the circumstances. R.S.O. 1990, c. H.8, s. 132 (1).

I've seen some evidence that there may be enforcement of S132 in Ontario but it has to be in an incredible situation: https://twitter.com/TPSmotorsquad/statu ... 3063763969

S128 is low hanging fruit, and those are the type of the aggressive driving charges that voters want to see. It's also not illegal to drive 60 in an 80 zone, especially if you're driving for the conditions.

R. v. Cianchino, 2010 ONCJ 298 (CanLII) - defendant drove 50km/hr on the 407 and caused a collision, ended up being found not-guilty.
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by: jsherk on
Wed Oct 14, 2015 10:42 am

The 80 does not start until you get to the 80 begins, so right before the 80 begins, it is still a 60. Where they pull you over does not matter. So your explanation is not a defense to the charge at all, and in fact would help the prosecutors case.

But remember you do not have to testify against yourself, so there are others ways to win without having to take the stand.

I would choose the NOT GUILTY option and request a Trial with the officer present. Once you get your notice of trial, you will then request disclosure (include notes from ALL officers involved, radar manual, audio/video).

Once you get disclosure, post it here for us to look at.

Can you scan and post your ticket (with personal info blacked out)?
+++ This is not legal advice, only my opinion +++
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