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Ontario Highway Traffic Act

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Cruise control and speeding?
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PostPosted: Tue Jan 27, 2009 10:36 am 
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I was traveling down Highway 26 from Barrie to Collingwood / wasaga beach area and i had cruise control set to 90km/h i had an Acura Tl Riding my bumper, the TL shortly passed me, and about half a kilometer down the road a cop pulls me over. (With a horrible car side manor i might add, not friendly at all, might have been cause it was the 31st of December) Im thinking, what 10 over the speed limit common... anyway he precedes to tell me i was traveling 105km/h which i know was not the case. (in an 80km/h zone)

as this is my first ticket ever, he advised me i pay it and move on. but of course i'm not that near sighted. and a court date has been set for May 12th 2009

How should i approach this battle? especially since i know i was only speeding with 10 over the limit


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PostPosted: Tue Jan 27, 2009 12:20 pm 
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Did the officer come from behind or did you drive toward him him and he pulled you over? Was it day or night?

First step, request disclosure.

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PostPosted: Tue Jan 27, 2009 12:30 pm 
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He must have clocked the Acura TL going 105 (as he did overtake you). The problem is that LEO's word is worth more than yours in court of law, so if he doesn't even mention the other driver in his report, you have almost no chance of proving him wrong.

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PostPosted: Tue Jan 27, 2009 1:38 pm 
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it was 1:23pm,

To be honest i didn't even see him, he was stationary im guessing as i passed an OPP station in Minesing. (why would i speed past an opp station)

here ill show an image to better give an idea

Image


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PostPosted: Tue Jan 27, 2009 1:51 pm 
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Quote:
To be honest i didn't even see him, he was stationary im guessing as i passed an OPP station in Minesing. (why would i speed past an opp station)


Do you ever see officers doing speed enforcement right at the detatchment??

Where is my innocent face......it's here somewhere.....


Truth be told I had something similar to this happen, officer clocked a car behind me on a bend, in this case the officer clocked another car in front of you on a bend. Write down what you remember, especially the other car colour, plate anything that gives your explaination credit. That map will help too.

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PostPosted: Tue Jan 27, 2009 2:14 pm 
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so from what im reading fight the fact he tagged the wrong car? he tagged a 2004-2005 Acura TL Silver In Colour... grandma has the exact same car....


it better not have been my grandmother that passed me..... lol

joke aside, do i need to mention my cruise control was on.

weather conditions were very windy with gusts up to 35kmph (ive got the printed weather report) and driving anything faster in a chevy tracker is a roll over waiting to happen.

which avenue should i use to fight this ticket?


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PostPosted: Tue Jan 27, 2009 4:57 pm 
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You can't prove that you had your cruise control on, would be nice though.

Give the full description of the event when you fight the ticket. You'll have to question the officer as to what he saw. You'll get some details with the disclosure and his notes.

Side note, vehicles travelling at a higher speed will drive straighter in the wind. The centrifical force of the tires helps you go straight....... Just don't change lanes as quick.

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PostPosted: Tue Jan 27, 2009 5:23 pm 
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Personally, I wouldn't mention the cruise was on. You'll then be pressed to admit you had it set 10-over. You will have admitted to speeding in a court of law and you will be convicted. Definitely request Disclosure to see if you have already admitted to speeding to the officer.

I wouldn't take the stand at all. I strongly recommend people don't lie under oath. The best way to avoid it is to NOT take the stand. Ask the officer plenty of questions when the Crown is done with him, then move straight to closing arguments.

It's clear he picked the wrong car. Make sure the JP knows this by the way you ask your questions. Then pick out all the flaws in the Crowns case in your closing argument.


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PostPosted: Tue Jan 27, 2009 9:20 pm 
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the only thing i mentioned to the police officer was have a nice new years... :P

now my next question is, if he doesnt mention the TL in his argument where does that leave me and


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PostPosted: Tue Jan 27, 2009 10:40 pm 
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scorchedmoon wrote:
the only thing i mentioned to the police officer was have a nice new years... :P

now my next question is, if he doesnt mention the TL in his argument where does that leave me and


Cruise control is ok. The speed on your speedo isn't accurate anyway..... not worth a damn as far as court goes. You will need to mention the TL though......

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PostPosted: Sat Jan 31, 2009 2:26 am 
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Hi Scorchedmoon:

I had cruise on at 110 to 115 kph in a 100 kph zone. A speeder went by me, and I got popped for a 127 kph ticket in a 100 kph zone.


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PostPosted: Sat Jan 31, 2009 5:01 pm 
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Imax wrote:
Hi Scorchedmoon:

I had cruise on at 110 to 115 kph in a 100 kph zone. A speeder went by me, and I got popped for a 127 kph ticket in a 100 kph zone.


The real question is what are you gonna do 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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