DECEMBER 1 COURT DATE - HELP

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jennifer123
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DECEMBER 1 COURT DATE - HELP

by: jennifer123 on
Tue Nov 29, 2011 7:23 pm

I received a speeding ticket 147 in a 100km on the 416. I requested disclosure twice and did not receive it until I appeared in court at which time the office threw it across the table at me and looked at me like he was going to shoot me.

Upon looking at his disclosure he lied. He said he clocked me accelerating from 140 to 147 going north on the 416 but that would have been impossible since I saw him do a uturn from under an overpass which meant he was facing south and right after that he pulled me over. My speed at that time was 112km.

He also said I was the only car on the road when in fact i was in a row of traffic and I was pulled over just after an on ramp.

I will acknowledge to doing 112km but there is no way I was doing 147km.

What should I do?

I'm back in court on Thursday - December 1, 2011
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hwybear
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by: hwybear on
Wed Nov 30, 2011 4:22 pm

jennifer123 wrote: He said he clocked me accelerating from 140 to 147 going north on the 416 but that would have been impossible since I saw him do a uturn from under an overpass which meant he was facing south and right after that he pulled me over.
so officer was facing south under an overpass and you are going north, obtains a speed and pulls out northbound....what is the issue?
He also said I was the only car on the road when in fact i was in a row of traffic and I was pulled over just after an on ramp.
most likely the only car in the radar beam, remainder of traffic outside of beam means nothing
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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jennifer123
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by: jennifer123 on
Wed Nov 30, 2011 4:41 pm

He said he followed me going north bound and said that he observed my speed "climb from 140 to 147" but he did not follow me. Right after he did the uturn he pulled me over and I took my foot off the accelerator as soon as I saw him. When I did my speedometer said 109km/hr.

His notes also say that he was stationery radar facing NB traffic - how can it be both ways?

I guess what you are saying is that there is nothing I can do.

I did also have a witness in the car - does that matter?
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hwybear
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by: hwybear on
Wed Nov 30, 2011 5:09 pm

radar antenna usually faces both directions of traffic....he would have followed you northbound to catch you at some point, probably clocked your increasing speed prior to him, not after
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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Stanton
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by: Stanton on
Wed Nov 30, 2011 11:26 pm

You can certainly go to Court and present your version of events and see if it raises enough reasonable doubt. A witness in your car could certainly confirm your version of events, though they'd have a hard time testifying to what your actual speed was.

Just be aware, when you acknowledge you're speeding, Courts tend to accept the officer's speed reading.
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