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Ontario Highway Traffic Act

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80KPH IN A 60KPH ZONE
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PostPosted: Wed Sep 09, 2009 11:42 pm 
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Location: OTTAWA AREA
So it finally happened..... first ticket in 9 years....

Hope you guys can help :)

I was driving in a 60 zone behind a student driver doing 50-55kph. The street was two lane (double yellow line). After a while I got tired of following the slow student driver and decided to pass. I pulled out to pass (on a gradual uphill) accelerating to get by quickly. Just as I am returning to my lane, who do I see? An unmarked maroon police cruiser perpendicular to me on a side street. As soon as I passed the police car I knew I was done.


The police officer started to pull out and I just surrendered and pulled over even before his lights were on. He ended up parking ahead of me (weird) but when he walked to the car he asked why I was passing a student driver that was doing the speed limit. I told him that the student was not going the speed limit, rather about 5kmph slower. He said the highest he had me on the 'laser' was 90-something but registered my @ 87kmph. He came back with a ticket of 80 in a 60.

The ticket is one of those new printed out ones with the 'electronic' signature. I am going to fight it. Probably going to the courthouse let them know this Friday.

Is there anything I can do to help my case?

The code on the ticket is "R87" he said that is the speed he clocked me in at what does the "R" stand for?

THANKS!
:)


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PostPosted: Thu Sep 10, 2009 12:58 am 
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tonygambini wrote:
The code on the ticket is "R87" he said that is the speed he clocked me in at what does the "R" stand for?


Reduced.

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PostPosted: Sat Sep 12, 2009 1:10 pm 
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Location: OTTAWA AREA
Does anyone know how long I have to appear in court?

Like do I have to show up in court to make my court date and pick (option 3) before the 15 days (to pay the ticket) is up?

Thanks


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PostPosted: Sat Sep 12, 2009 8:56 pm 
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If your last is Gambini, request an interpreter for trial, it may work


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PostPosted: Sat Sep 12, 2009 10:30 pm 
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Location: Stratford, Ontario
tonygambini wrote:
Does anyone know how long I have to appear in court?

Like do I have to show up in court to make my court date and pick (option 3) before the 15 days (to pay the ticket) is up?

Thanks


www.ticketcombat.com


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PostPosted: Sun Sep 13, 2009 12:12 am 
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tonygambini wrote:
Does anyone know how long I have to appear in court?


You will get your court date when you file your ticket with option 3. Probably looking at a couple months.

tonygambini wrote:
Like do I have to show up in court to make my court date and pick (option 3) before the 15 days (to pay the ticket) is up?
Thanks


Yes, or mail it in before 15 days.

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PostPosted: Sun Sep 13, 2009 8:30 pm 
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liveontheedge wrote:
If your last is Gambini, request an interpreter for trial, it may work


That is just my online name


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Update...
PostPosted: Mon Nov 23, 2009 5:36 pm 
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Location: OTTAWA AREA
So a bit of an update on my situation:

Please help!

My court date is 1 Dec 09.
I went to the courthouse to sign a 'request for disclosure of evidence' . The person at the prosecutors office (likely a secretary/assistant) told me that all the information I requested was not readily available and that they would have to contact me when my request was ready (I would have to pick it up).

Here is my problem:

My court date is on 1 Dec as I mentioned and I still have not received/been contacted about my disclosure of evidence package. Should I do either of the following:

Apply for an adjournment of the court date, so I have time to get the disclosure package and review it? In which case I will have to go in 3 days before the original court date. Ie. 2 days from now!

---OR---

Wait till the court date comes (hopefully not receive a call from the prosecutor about the disclosure package) and ask for the case to be dismissed due to lack of disclosure? Is this possible? What if I get a call from them 1 day before the court date? My mandatory 3 day time to request an adjournment will have passed.

Note: I do have a photocopy of my request of disclosure of evidence from the prosecutors office stamped and dated. On the other hand the secretary/assistant did leave a sticky note with the prosecutors name & phone number to contact directly.

Thanks in advance for your help! :)


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PostPosted: Mon Nov 23, 2009 6:15 pm 
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I'd try your second option. You have a right to disclosure. You have a right to a speedy trial. One extra day in court is punishment enough, you shouldn't need another.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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PostPosted: Mon Nov 23, 2009 6:17 pm 
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I have always requested MY continuances with the JP on the day of the trial, not with the Crown 3 days before the trial.

I would just show up on my trial date. If the Crown still hasn't provided the disclosure, I'd motion for dismissal. It the cop doesn't show up, I'd motion for dismissal. It's too late to receive the disclosure in a reasonable amount of time. Even if you get it real soon (AND the cop shows up) I'd still motion for a continuance "in order to seek legal advice based on the late disclosure".


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PostPosted: Tue Nov 24, 2009 7:33 am 
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Bookm wrote:
I have always requested MY continuances with the JP on the day of the trial, not with the Crown 3 days before the trial.

I would just show up on my trial date. If the Crown still hasn't provided the disclosure, I'd motion for dismissal. It the cop doesn't show up, I'd motion for dismissal. It's too late to receive the disclosure in a reasonable amount of time. Even if you get it real soon (AND the cop shows up) I'd still motion for a continuance "in order to seek legal advice based on the late disclosure".

X2

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Court day tommorow, need more help!
PostPosted: Mon Nov 30, 2009 6:33 pm 
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Okay, another update!

Got a call from the prosecutor today: They say that the disclosure package is NOT ready. Some of the things I asked for are ready, but not all of it. They offered to go ahead and adjourn the trial for me, sort of over the phone type of thing. For some reason this didn't seem right to me.

I made an inquiry about staying the trial due to lack of disclosure of evidence. They said that "usually the remedy for lack of disclosure is solved by an adjournment.

I declined the offer to have her adjourn the trial 'for me', I said I would like to come to court and see how it works out.

Does anyone know if I have a chance to have the case thrown out or stayed? Or will I likely just be asking for an adjournment?

Thanks for all the replies thus far! :D


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PostPosted: Mon Nov 30, 2009 10:10 pm 
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Anybody? Court date is tomorrow....

I would greatly appreciate the help :)


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PostPosted: Tue Dec 01, 2009 2:11 am 
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There is a chance, but some JPs are not in the know about it

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Tue Dec 01, 2009 4:12 pm 
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Location: OTTAWA AREA
So the court date was today:

The prosecution called me up right away, they asked for an adjournment of the trial (one month) so they can get together my "larger than normal request for disclosure".

The JP asked if I had anything to day: I didn't know that they were going to do this so I was kind of baffled. I just asked for the case to be quashed because the prosecution had not disclosed evidence. To which the JP says: "Well that's not going to happen" Oh I forgot to mention: the police officer was there!

So as it stands now I wait for the disclosure from the prosecutor. Although they did give me the copy of the ticket an the officers printed notes.

Here is something I found that may be important:

My ticket was issues at 1300hrs, the laser gun was tested at 1530hrs. Anyone know if the fact that the gun was tested after my ticket was issued matters?

Thanks!
:D


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