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Ontario Highway Traffic Act

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91KM/H in a 60KM/H~ (ONT), need help to fight ticket please.
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PostPosted: Tue Jun 08, 2010 8:38 am 
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Hello.
I am a 20 year old male, from Ontario.

I was recently driving Northbound on Kipling, just south of Eglington. As I went through the intersection a black, undercover police cruiser turned its lights on and pulled me over. I believed I had been going approx. 80 - 85.

I was polite, but I could not fully understand the officer because of an accent, but from what he said I was going 85 or 86, then he watched me get up to 91.

I have a few issues with the situation. First, I was driving home from working the night shift (got off at 7). Second, there was ideal weather and there was very little traffic (but the traffic was going around 70). Next, I don't believe the officer had a radar gun, I believe he used his speedometer. Lastly, I felt pressured by the officer to speed up based on his speed coming up behind me, and was preparing to change lanes (which accounts for the increase in speed to get over) and did not know it was an officer, instead an aggressive driver. Also, when he pulled me over he did not tell me any of my options and drove off.

I have a previous record of 2 convictions (1- 15 over, 1- 30 over lowered down).

Any help would be greatly appreciated as I am going to get my court date soon. Thank you very much.


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Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple
PostPosted: Tue Jun 08, 2010 10:01 am 
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vickfan43 wrote:
I have a few issues with the situation. First, I was driving home from working the night shift (got off at 7). Second, there was ideal weather and there was very little traffic (but the traffic was going around 70). Next, I don't believe the officer had a radar gun, I believe he used his speedometer. Lastly, I felt pressured by the officer to speed up based on his speed coming up behind me, and was preparing to change lanes (which accounts for the increase in speed to get over) and did not know it was an officer, instead an aggressive driver. Also, when he pulled me over he did not tell me any of my options and drove off.


Unfortunately I don't see how any of these issues are going to be relevant or helpful for you. When it happened and where you were going is of no consequence. The officer could not have been using a radar gun if he was driving, I'm sure he used his own speedometer to pace you, which is perfectly acceptable since police cruiser speedometers are calibrated instruments. I understand the situation you are describing, about feeling pressured to speed up, but that won't impact the proceedings in court since speeding under 50 km/hr is an absolute liability offence and there is no defence. If the officer can prove you were speeding you will be convicted regardless of what you say.

That being said, I would suggest you might want to obtain disclosure and verify how long the officer followed you and at what speeds to make sure he paced you adequately.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple
PostPosted: Tue Jun 08, 2010 4:42 pm 
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Simon Borys wrote:
The officer could not have been using a radar gun if he was driving, .

HUH? police have moving radar

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple
PostPosted: Tue Jun 08, 2010 7:43 pm 
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hwybear wrote:
HUH? police have moving radar


I know that, I meant he couldn't be using a stationary radar, a.k.a. a "radar gun".

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple
PostPosted: Tue Jun 08, 2010 7:44 pm 
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Simon Borys wrote:
hwybear wrote:
HUH? police have moving radar


I know that, I meant he couldn't be using a stationary radar, a.k.a. a "radar gun".


ah...10-4....carry on..

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Speeding ticket
PostPosted: Tue Jun 15, 2010 12:31 pm 
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Location: Toronto
Sounds to me like the officer had moving radar with in the police car, especially if its a unmarked car in Toronto which usually does have this type of radar.

The radar works by giving a reading of traffic coming towards the police car or approaching it, and the officer can watch the speed going up or down and then lock it in at the highest speed.

The ticket has 4 demerit points on it. If you pay the ticket, a third traffic ticket is going to put your insurance rates into high risk rates of thousands of dollars per year.

For this ticket you need to hire a professional because you need to have every opportunity to have the ticket dismissed on a technicality and save your points. At 9 points the Ministry of Transportation is going to call you in to talk about suspending your drivers licence, which again will cause your insurance to go up.

Get some proper legal advice for this speeding ticket.

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Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
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Re: 91KM/H in a 60KM/H~ (ONT), need help to fight ticket ple
PostPosted: Sat Jun 19, 2010 8:34 pm 
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Joined: Sat May 29, 2010 7:19 pm
Posts: 91
Location: Hamilton, ON
.
..
Hi vickfan43.
vickfan43 wrote:
Hello.
I was recently driving Northbound on Kipling, just south of Eglington. As I went through the intersection a black, undercover police cruiser turned its lights on and pulled me over. I believed I had been going approx. 80 - 85.

I was polite, but I could not fully understand the officer because of an accent, but from what he said I was going 85 or 86, then he watched me get up to 91.

I have a previous record of 2 convictions (1- 15 over, 1- 30 over lowered down).

Any help would be greatly appreciated as I am going to get my court date soon. Thank you very much.


Did you get a trial date yet? If so, did you already ask for disclosure?

You have the right to see the evidence that the prosecutor will bring against you at trial and that is why you may want to get disclosure.

Once you get disclosure, review it carefully and see if anything appears to be wrong with the charge or the ticket. You will also see what type of seep measuring device the officer was using and some other valuable information.

I do not think that it is necessary for you hire a professional just yet. You may need one later on, but be sure that who ever you hire will do for you something you can not do for yourself and save money.

For instance, unless you do not have the time to go to court, you can go to court an plea bargain your ticket. In my experience unrepresented defendants have virtually the same chance when it comes to lower down a charge.

Do not give up. It's always a good idea to fight these tickets even if at the end you may plead guilty.

This is a great place to get information and suggestions. Some of the Police Officers here have a lot of experience and know the system very well.

If you have more questions, I am sure someone may have an idea to help you. Just be sure to convey the information as accurately as possible.

Cheers.
..
.


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PostPosted: Sat Jun 19, 2010 10:20 pm 
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Disclosure should provide some answers, as always... usually what I'd ask for are a full copy of the officer's notes, the radar/lidar manual, and any other evidence that the Prosecutor has and intends to use at trial.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Fight every ticket!
PostPosted: Thu Aug 12, 2010 12:58 am 
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Location: Ontario
As mentioned earlier, your disclosure will show you everything that the crown will against you. Remember that there are more ways to get out of this than to go down for it, such as; a stay, creating reasonable doubt, the officer not showing up to trial and simply creating a strong case explaining the impossibility of the circumstances.

Remember, if you accept a lesser fine from the crown, you are saying that you're guilty of something.

From start to finish, maintain an attitude of innocence!

Good luck

_________________
You have the right to defend yourself!

Learn more at: Http://www.speedingtickettactics.blogspot.com


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