Please advise,
80Km/h in posted 60KM/h - Radar reading 91 - Disclosure attc
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
The notes are missing time stamps / date and time
Also, there is no mention of the radar test logs?
Further, the police officer was travelling SB and I was travelling NB.
There were no street lights... the officer had to turn around on the two lane road. One for NB and One for SB traffic before pulling me.
Can i challenge that he may have lost sight of the vehicle from radar to pull over...?
The officer states i was arguing and was polite before the tik was issued. This is not true.
I was respectful at all times and only asked if i could see the radar reading.
I was asked to look into the Police car and only asked where was the 91?
He said 90 was the speed. I asked why and he claimed I was in argument.
I stated why i was told i was going at 91. He raised his voice ... I knew this was not going anywhere.
So i asked if i was free to leave and departed.
I don't think, this has any weight on fighting the ticket.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
If you're going to fight it based on the radar you should've requested the radar manual in your disclosure or at least the pages relevant to testing.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
seller wrote:
The notes are missing time stamps / date and time
His notes don't need a date at the top. If you need a date and time, it's listed on your ticket.
seller wrote:
Further, the police officer was travelling SB and I was travelling NB.
There were no street lights... the officer had to turn around on the two lane road. One for NB and One for SB traffic before pulling me.
Can i challenge that he may have lost sight of the vehicle from radar to pull over...?
Disclosure states "Traffic = OVIB"
seller wrote:
The officer states i was arguing and was polite before the tik was issued. This is not true.
I was respectful at all times and only asked if i could see the radar reading.
You're arguing. There's no need for you to see any radar device nor is the officer required to do so. The side of the road is not a courtroom. Take your ticket, leave, and request a trial.
seller wrote:
I was asked to look into the Police car and only asked where was the 91?
He said 90 was the speed. I asked why and he claimed I was in argument.
I stated why i was told i was going at 91. He raised his voice ... I knew this was not going anywhere.
You'll find your answer in the disclosure. "Activ. @ 91, Locked @ 90 ".
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
What does ovib mean?
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
I'd assume it's the officers abbreviation for "only vehicle inbound".
Either way, the officer writes "excel 90. activ.@ 91, locked @ 90. Sustained until pulled over. Driver said he didn't realize"
He didn't lose track of you. He got all his evidence while following you, which kills that argument.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
bend wrote:
Either way, the officer writes "excel 90.....
Sorry, not excel 90. That wouldn't make any sense. I'm not sure what he wrote there.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
To understand the noted TV is Target vechile
PC is police cruiser
Officer notes as follows:
TV = Red Compass
PC Speed = 65
Traffic = OVIB
PC going SB on Col by passed University saw TV going NB at high speed
Excel 90
Activ @ 91
Locked @ 90
Sustained until pulled over
Driver said he didn't realize
At first polite
when served reduced started questioning reading
asked to see radar
safe to so presented
Driver started arguing about locked speed was 91
Gave him ultimatum on reduced speed since arguing
Driver back tracked with w4 in PC
Please advise if this is a valid thought:
PC was SB. TV was travelling NB
Traffic is stated as TC is the only vehicle inbound.
If PC was doing 65 and TC was doing 90 in opposite directions.
Can the officer be challenged to explain how he maintained sight of the TV once, it past the PC in the opposite direction, while he was turning the police cruiser. Colonel by drive is a narrow two lane road. One for NB and one for SB. The only way to turn around is by a 3 point turn and pursuit TV before pull over.
Was the TV still travelling at 90km/h? When PC activated Pull over.
When did TV pull over? When did PC activate sirens for Pull over of TV.
When did officer identify TV as Red Compass jeep? Upon approaching or at pull over. There is no mention on when exactly TV was identified.
Notes mention that PC was going SB passed the university. The TV was locked on Radar after the PC passed the university.
It is only natural that the PC comes to a stop travelling in the SB lane. Perform 3 point turn and pursuit the TV travelling NB.
Now, did the pull over occur before or after the university? There is no clear indication of the location on the notes?
Officer mentions speed was sustained until pull over... was the radar activated once PC was in pursuit of TV in NB lane when behind the TV?
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
To understand the noted TV is Target vehicle
PC is police cruiser
Officer notes as follows:
TV = Blue escape
PC Speed = 65
Traffic = OVIB
PC going SB on Col by passed University saw TV going NB at high speed
Excel 90
Activ @ 91
Locked @ 90
Sustained until pulled over
Driver said he didn't realize
At first polite
when served reduced started questioning reading
asked to see radar
safe to so presented
Driver started arguing about locked speed was 91
Gave him ultimatum on reduced speed since arguing
Driver back tracked with w4 in PC
Please advise if this is a valid thought:
PC was SB. TV was travelling NB
Traffic on NB lane on which TC was travelling as only vehicle inbound.
No description on traffic on SB lane on which PC travelling. (There could have been vehicles)
If PC was doing 65 and TC was doing 90 in opposite directions. How did the PC notify the TV to pull over and when were the sirens / light activated?
Where were TV and PC when pull over was in progress? TV in NB lane and PC in SB lane or both in NB lane?
No mention of this on officers notes. So what happens?
Did the PC turn around to pursuit the TV in the SB lane? Was sight of TV maintained?
Notes indicate speed was sustained until pull over.
Question the officer on his knowledge of procedure and training to execute a traffic pull over? How did he execute the pull over in this case?
Was he in the NB lane behind the TV? Since, there is no mention on the notes other than initial approach that PC and TV were travelling in opposite directions.
How can i use this to my advantage?
Lets assume, PC turned around to pursuit the TV in the NB lane and executed traffic pull over
Argument: PC must have executed a 3 point turn to pursuit the TV in NB lane. The notes mention PC passed university when TV was approaching PC.
Radar on PC indicated TV was @ 90 and sustained until pull over.
There is no mention on the notes that radar was activated when PC was in NB lane approaching TV from behind.
Argument: In officers notes, "PC passed university and then noticed and locked TV at 90".
On colonel by drive at the university there is an intersection of traffic to enter / exit colonel by drive. Can the officer be challenged to describe if TV
was pulled over before or after the intersection? *There is nothing about it on the notes.. what happens?
if after the intersection... did the officer loose sight of TV during 3 point manure to get to NB lane from SB lane.
The TV may have passed through the intersection and I may have just entered Colonel by drive.
When did the officer identify the TV as the blue escape?
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
Couple things. First, delete the other thread that you started to avoid repetition and confusion in the posts.
The officers notes are just to refresh his/her memory of the incident. Every minute detail doesn't have to be in there. You will have an opportunity to cross examine the officer at trial and can ask them anything pertinent to the charge at that time, including whether they lost sight of your vehicle. This doesn't seem to be the case though as they indicated that your speed was sustained until you were pulled over. Also, if you decide to go to trial, the prosecutor will likely have the ticket amended back to the original speed of 91 km/h.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
I have requested to delete the duplicate thread.
Thanks for the feedback. For a fact, i did not speed and I believe, I was pulled over based on another vechile radar reading. This is why i was curious to see the radar.
Sustained until pull over. .is mentioned on the notes.
Also mentioned is PC was travelling SB @ 65km/h and TV was travelling NB @ 90 km/h.
If vechile are travelling in opposite directions how can the TV be sustained until pull over? Unless the PC obstructed the TV by moving into the NB lane from the SB lane.
There is no meniton on how the TV and PC vechile were positoned at pull over. The police officer may say PC was in NB and TV was in SB. i can challenge and say the PC was behind me at pull over.
does this cast a doubt?
Now, if the PC was behind me.. the PC must have had to turn around on a small two lane road. This is not a simple u turn manuvre. Atleast a three point turn. There is no mention of this in the notes...
I will have to settle for how the officer decided to answer and cannot challenge how he did the turn. The fact is he turned around.
Notes also meniton that PC passed the university when TV was approaching PC. An intersection exists at this point on colonel by drive. Vechiles can turn on to NB and SB lanes of colonel by drive from this intersection.
The TV vechile pulled over, may have turned right from this interseciton into the SB lane after the speeding vechile. How will the officer prove that be maintained sight of the vechlle, while making the u turn to catch up to a 90 km/h vechile? Can this cause doubt to the case?
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
If you want to know the answers to all of those little questions, you'll have to take your chance at a trial and ask the officer on the stand, and also risk a conviction for 91 in a 60.
It appears that when they turned around, you were also paced by the police and that's how it was determined as "sustained"
The only way to know for sure is a trial. Weigh your options and determine if the risk of a 31 over conviction is worth it.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
Further the posted signs on colonel by drive have white numerals. It is mentioned that numerals must be in black on white reflective surface.
Can this be an arguement?
As per R.R.O. 1990, REGULATION 615 SIGNS of the HTA
A speed limit sign,
(a) shall be not less than 60 centimetres in width and 75 centimetres in height;
(b) shall bear the word "maximum" in black letters not less than 10 centimetres in height on a white retro-reflective background;
(c) shall display in black numerals not less than 30 centimetres in height on a white retro-reflective background the prescribed maximum rate of speed; and
(d) may display a tab sign not less than 20 centimetres in height and not less than 60 centimetres in width immediately below the speed limit sign and the tab sign shall bear the legend "km/h" in white retro-reflective letters not less than 10 centimetres in height on a black background,
Here is a picture of the sign on colonel by drive.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
Speeding is an absolute liability offense. If you're going to argue there's "technically no sign", then the speed limit is 50km. Now you're doing 91 in a 50.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
Thanks...
Also, the ticket mentions i been charged under the NCCTPR act... does this carry demerrit points with the fine, in case i am guilty?
National Capital Commission Traffic and Property Regulations under section
5. (1) No person shall operate a vehicle on a driveway at a rate of speed, in kilometres per hour, that is greater than the speed posted.
http://lois-laws.justice.gc.ca/PDF/C.R.C.,_c._1044.pdf
Speeding 90 in 50 woudl be worse, if I convince no sign was errected. But the officer menitons "80Km/h in posted 60km/h" on the ticket.
Re: 80Km/h in posted 60KM/h - Radar reading 91 - Disclosure
Since you were charged under the NCCTPR the rules governing signage under the HTA don't apply. At any rate the default speed under the NCCTPR is 60 kph so even if there was no sign you could still be charged with going over the default speed limit. As for if this will show on your driving record, I think the answer is yes but I'm not 100% sure. I will do some more digging and see if I can find a definite answer.
Similar Topics
-
-
- Right to View Radar Detector Reading
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By residentialbuyer on
- Replies: 3
-
-
-
- help false radar reading
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By NomadicGeek on
- Replies: 2
-
-
-
- 153km in a Posted 80km
- Posted in Exceeding the speed limit by 50 km/h or more
- By smartfan1 on
- Replies: 5
-
-
-
- Speeding Ticket: HTA 128 - 103km/h in a posted 80km/h
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By tamilrmx on
- Replies: 3
-
-
-
- Speeding - 115km/hr in a posted 60km/hr zone
- Posted in Exceeding the speed limit by 50 km/h or more
- By newfiejay777 on
- Replies: 2
-
-
-
-
Fatal error: Speeding 75km/hr in posted 60km/hr zone.
- Posted in General Talk
- By nick12 on
- Replies: 7
-
-
-
-
- 95km/h in posted 60km/h (windsor ontario)
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By unaha on
- Replies: 6
-
-
-
- radar show 79km in 50km zone but ticket show 80km in 50km
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By zippo1010 on
- Replies: 1
-
-
-
- Interesting reading HTA 172
- Posted in General Talk
- By BelSlySTi on
- Replies: 15
-
-
-
- 8 tickets handed out for one reading
- Posted in Traffic Offences Outside Ontario
- By bad10r on
- Replies: 6
-
-
-
- Help reading officer notes
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By warmwinters on
- Replies: 3
-
-
-
- Speeding 20km reduced to 65 (Help with reading notes_
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By cujo008 on
- Replies: 5
-
-
-
- Speeding - 120km/h in a posted 100km/h zone - no radar...
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By paradigm on
- Replies: 12
-
-
-
-
- 92 KM/H in 60KM/H HWY 7 East/Bayview (Disclosure received)
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By sentinels on
- Replies: 4
-
-
-
-
- 121 km/h in a posted 80 km/h - Disclosure attached
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By sparrow on
- Replies: 37
-
-
-
-
-
Vague Disclosure (attached) 60 in a posted 50 zone, reduced from 80
- Posted in General Talk
- By kkmonkey on
- Replies: 10
-
-
-
-
- Speeding 106km/hr in a 80km/h zone
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By highway10 on
- Replies: 25
-
Featured Topics
Summons for HTA 82 (9)
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Too many points all of a sudden
I'm in a bit of a pickle and hope you generous folks don't mind shedding some light
on my situation.
I have an Ontario driver's license . I've recently received a rash of
tickets 4 of them over the last 12 months or so.
If my trials don't go well I could end up with a suspended license. My
trials are scheduled in a 3 months. I'm moving to PEI in about 2
weeks. As of right now my record shows 0…
Improper left turn
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Manual for Genesis VP Directional?
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I want to see if it specifies a tuning…
Speeding ticket
Hey Guys, I need some help regarding an issue.
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
Tickets and filing 11b
hello guys,
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
After waiting almost 40 mins in my car i…
Accident reports with no damage/payout - insurance effect?
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Failed to stop for school bus
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
Officer forgot to sign the ticket.
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
110 in a 80km while passing?
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
Antique Radar Detector...
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
- Though it is…
S.128 and S.172(1) and s.130 and s.8(1) - is possible all to
Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.
It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).
How best to defend it?
I was offered to plea guilty to stunt driving with minimu fine, no…
First ticket, reduced to 115 in 100 zone
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
Transport Trucks limited to 105 km/h?
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Putting the trucks down more is just…
Notified of motion to adjourn
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
Failing to move to the right for emergency vehicle
Hi all,
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
[Ont]Got a ticket for 13(2) obstructing plate, need help
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
Red light camera ticket. Moving for emergency vehicle
Hello,
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
Thank you
J
151Km/hr in Montreal - Ontario Resident
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
A question about disclosure
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
Fail to obey stop sign sec. 136(1)(a)
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
Consequential Curiosity...
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
Due to a lack of communication, my…
I was involved in a major accident and i don't know if I will be charged or not.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
Failure to surrender insurance
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
Do police really…
G2, 1 month from full G test, 49 over. Clarification?
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…
