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Ontario Highway Traffic Act

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ADVICE NEEDED! I was not even speeding!
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PostPosted: Thu Oct 19, 2017 6:26 pm 
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Joined: Thu Oct 19, 2017 5:44 pm
Posts: 2
Hi There!! New to the site... this is my first post.
We had just finished closing our trailer in Northern Ontario and started on the road home Thanksgiving Monday... It was just after 8 PM and starting to get quite dark. I may have been doing 90km/h in an 80km/h zome...MAX!
Vehicle cresting the hill and coming towards me had bright high beams on, so I gave him a quick flash of my own to let him know. High Beams go off and red & blue lights come on... damn, I flashed a cop!
Cop does a U-turn and pulls me over... tells me I am doing 110km/h!! I immediately dispute the speed claimed while he took my information to his cruiser. When he comes back he hands me a ticket for 100km/h in 80km/h zone :( I again dispute the charge and ask to see his radar. He tells me he originally had me at 106, and that it continued to climb when he pulled me over, and that he "wasn't sure he locked the speed in to the radar", that he would have to go back to the cruiser and check. A few minutes later he comes back and says I can come look at his radar machine... it reads 109, but has no other information displayed. How do I know when that 109 reading was taken, because I know there is no way I was going that fast. I drive a lifted Jeep and its a curvey road so I know if/when I'm speeding.
So now I have a verbal 110km & 106km claim, a ticket for 100km and a radar reading of 109km, but no time or date stamp on the read-out that he"wasn't sure" if he even locked in... personally, I think the cop was a bit miffed because I high beamed him.
Does anyone know if the radar detecors the OPP store a history? With all the technology available I really think today's radar devices should take a photo of the vehicle along with the time, date and speed clocked stamped right on the picture.
Also, does anyone know if having a GPS Speed enabled dashcam would be admissable (not that I have one, but may invest in one for future).
I know Judges usually always side with the cops, and this is definately going to be his word against mine, but I really feel I need to fight this one... Like I said, I may have been going as fast as 90km, but that's it!


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Re: ADVICE NEEDED! I was not even speeding!
PostPosted: Thu Oct 19, 2017 6:30 pm 
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Joined: Mon Oct 09, 2017 9:18 pm
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Police would never lie :)

You clearly were travelling 110.


Best bet is to pay the ticket and man up.


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Re: ADVICE NEEDED! I was not even speeding!
PostPosted: Thu Oct 19, 2017 6:32 pm 
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Joined: Mon Oct 09, 2017 9:18 pm
Posts: 12
Which is to say, the court will always side with the police, unless evidentiary requirements (Crossed T's and Dotted I's) are not met.


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Re: ADVICE NEEDED! I was not even speeding!
PostPosted: Thu Oct 19, 2017 6:58 pm 
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Joined: Thu Oct 19, 2017 5:44 pm
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Eagle88 wrote:
Best bet is to pay the ticket and man up.



Pfft... not even if I was speeding... :P fight the power!


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Re: ADVICE NEEDED! I was not even speeding!
PostPosted: Thu Oct 19, 2017 8:26 pm 
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Joined: Sun Jun 22, 2008 3:21 am
Posts: 380
The only thing you can do for now is file for a court date and request disclosure. Once we see what is in the officer's notes we may be able to mount some sort of defence.


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Re: ADVICE NEEDED! I was not even speeding!
PostPosted: Fri Oct 20, 2017 11:48 am 
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Joined: Wed Dec 01, 2010 8:38 pm
Posts: 95
90 in an 80 is still speeding. If you get on the stand and say that you will be convicted. Also if you admitted to the officer that you were speeding you will be convicted.

That being said, definitely request a trial and then disclosure.


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