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Ontario Highway Traffic Act

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Confused !!
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PostPosted: Thu Apr 01, 2010 2:40 pm 
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Hi,
I received a 2nd speeding ticket 2 days in a row, and upon explanation to the officer of my bad luck, he cut me a break. He dropped my ticket from 25 over to 10 over for a total of $40. I still need to fight this re: insurance rates.
The reason he mentioned that he could not entirely let me off is because he also pulled over another car at the same time. He cut me a break... but I still feel I need to fight this to keep my rates in check.
I was actually shocked to see my court papers today for a $40 ticket.. thought they would not waste their time.
Question... in his rush.. the officer incorrectly put in my DL #. Thus, on my court papers, the DL# has also been left blank. Does this help me at all ?
It was a single # that he put in incorrectly.
Should I still request Disclosure.. ? and hope he also did not take notes ?
If so.. how do I request disclosure ?
Appreciate any advise.

Thanks.


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PostPosted: Thu Apr 01, 2010 6:52 pm 
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In my experience the ticket can be amended, it is not a fatal error because you are still clearly identified by name address & dob. It does not confuse the offence time or location...

Good luck.


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Re: Confused !!
PostPosted: Sun Apr 04, 2010 4:00 pm 
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maxpiette wrote:
Hi,
I received a 2nd speeding ticket 2 days in a row, and upon explanation to the officer of my bad luck, he cut me a break. He dropped my ticket from 25 over to 10 over for a total of $40. I still need to fight this re: insurance rates.
The reason he mentioned that he could not entirely let me off is because he also pulled over another car at the same time. He cut me a break... but I still feel I need to fight this to keep my rates in check.
I was actually shocked to see my court papers today for a $40 ticket.. thought they would not waste their time.
Question... in his rush.. the officer incorrectly put in my DL #. Thus, on my court papers, the DL# has also been left blank. Does this help me at all ?
It was a single # that he put in incorrectly.
Should I still request Disclosure.. ? and hope he also did not take notes ?
If so.. how do I request disclosure ?
Appreciate any advise.

Thanks.


2 cars at the same time.....you could get your ticket tossed. Care to tell us more?

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Re: Confused !!
PostPosted: Sun Apr 04, 2010 4:45 pm 
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Location: In YOUR rearview mirror!
Reflections wrote:
2 cars at the same time.....you could get your ticket tossed. Care to tell us more?


routinely stop 2 at once....not a big deal

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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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PostPosted: Sun Apr 04, 2010 10:00 pm 
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Two cars were stopped for street racing in Windsor a while back too. Whats the big deal? They were both 150km/h plus too.

With Radar it might be easier but with if it was laser the accuracy is difficult to overcome.


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PostPosted: Sun Apr 04, 2010 11:59 pm 
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We don't have all the info......you guys jump all over everything...

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PostPosted: Mon Apr 05, 2010 12:45 am 
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Reflections wrote:
We don't have all the info......you guys jump all over everything...


What other info is required?


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PostPosted: Tue Apr 06, 2010 10:03 am 
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cruzmisl wrote:
Reflections wrote:
We don't have all the info......you guys jump all over everything...


What other info is required?


Disclosure.........From both stops.....I would ask for details as to the officers actions, to ensure HIS information is accurate.

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PostPosted: Tue Apr 06, 2010 11:01 am 
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I'm not saying there's not more info, but based on the info provided I don't see a problem...If you have a view of two cars traveling side by side over a significant distance and you get a radar reading, they are in essence traveling the same speed.


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PostPosted: Tue Apr 06, 2010 2:51 pm 
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FyreStorm wrote:
I'm not saying there's not more info, but based on the info provided I don't see a problem...If you have a view of two cars traveling side by side over a significant distance and you get a radar reading, they are in essence traveling the same speed.


The magic is always what the recorded speed is. I have to admit, if someone wants to be my shadow, I'll either speed up or slow down and move over. I look at most of the posts here from my point of view and that is never drive beside someone more then you have to. So I would like to think the drivers of these two vehicles were one in front of each other, not side by side.

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PostPosted: Tue Apr 06, 2010 3:04 pm 
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I'm not saying there's not more info, but based on the info provided I don't see a problem...If you have a view of two cars traveling side by side or one behind the other over a significant distance and you get a radar reading, they are in essence traveling the same speed.


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PostPosted: Tue Apr 06, 2010 4:34 pm 
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Location: In YOUR rearview mirror!
or can wait and receive a speed on target # 1, that vehicle passes and receive a speed on target #2...both proper readings.

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PostPosted: Wed Apr 07, 2010 12:33 am 
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or the officer could have used laser and picked both cars off like fish in a barrel. It's clear the original poster hadn't learned his lesson from the day before :roll:


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PostPosted: Wed Apr 07, 2010 11:16 am 
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R. v. Lambert, [2009] B.C.J. No.1199 (QL)(S.C.).

Driver appealed his conviction for driving in excess of 90kph (he was going 126). Officer testified clocked two vehicles and stopped both. At trial officer agreed with defendant that there were other vehicles in the vicinity. He testified that those other vehicles did not interfere with his ability to take readings of the two vehicles he stopped. The Court also rejected the ground of appeal that the officer had erred in the licence plate number. Finally the argument that the officer was speeding was also rejected as there was no basis to connect the officer’s speed with the allegation that his speed produced an erroneous reading.


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PostPosted: Tue Apr 13, 2010 2:20 pm 
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Wow.. took a week's vacation. glad to hear your feedback.

We were traveling one behind the other at the same speed, myself being the front vehicle.
My true question is... am I able to find out (and how)what the other car behind me was charged with ?
I sent my request for disclosure a couple days ago. Court date May 17th.

If I magically find out that the other driver was charged with a different speeding rate...assuming he might not have been given the same break.. I assume this would be a total no-no. How can we both be pulled over at once with 2 diff speeds following each other.

This officer cut me a break with my ticket, due to the large one I had on my dashboard from the day before. NOTE: these are the only 2 in the last 3 years.... so i'm not a crazy driver). The 1st one... i've yet to get paperwork on court dates yet.
I just can't afford the insurance rate hike.
Thanks again.


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