was pulled over on 401 around cobourg (3 lanes). I was on the passing lane with one vehicle in the front and couple others on my back. I'm not sure how fast I was travelling but definitely not 135km/h (according to the initial conversation with the officer). The car in front of me merged to the middle lane and I was planning to merge once I passed him, but unfortunately was pulled over 5 secs later. The officer told me that the speed was 135 according to radar (? I guess cuz there is an officer on the bridge over the highway with some devices). He took my license and registration and after a while, he came back and said he reduced the speed to 115km/h with 50~ fine. I left after that and now considering options I have. There are several things that I doubt: 1) First, I was in the middle of the flow on the passing lane and there are vehicles in front/after me. The only thing I could do is driving in the speed of everyone does (or I will be rear-ended). 2) Second, there are three vehicles who were originally in the passing lane but decide to pass on the far right lane. They were not pulled over at all! Should I go for a trial? =================NOTES: I saw another 4~5 were pulled over around that area later on my way, so please proceed with caution in that area (cobourg/Port Hope)

Topic

Exceeding speed limit by 15km/h-Trial or Pay?

by: linkin99 on

19 Replies

linkin99
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Re: Exceeding speed limit by 15km/h-Trial or Pay?

I'm going to the court in the coming week... requested Disclosure back in Nov but haven't got it yet... Can i request a stay since I'm not getting a disclosure..or even get the case dismissed... thanks!

I'm going to the court in the coming week...

requested Disclosure back in Nov but haven't got it yet...

Can i request a stay since I'm not getting a disclosure..or even get the case dismissed...

thanks!

Zatota
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Re: Exceeding speed limit by 15km/h-Trial or Pay?

Have you followed up on the disclosure request? If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment. If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.

Have you followed up on the disclosure request?

If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.

If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.

linkin99
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Re: Exceeding speed limit by 15km/h-Trial or Pay?

thanks!

Zatota wrote: Mon Mar 05, 2018 2:27 am

Have you followed up on the disclosure request?

If not, you will likely get an adjournment. The prosecutor may bring the disclosure to the trial and may ask that the trial proceed. You say that you cannot proceed as you need time to review the disclosure so you can make a full answer and defence. The other possibility is that the prosecutor never received disclosure from the officer(s). If so, the officer(s) will likely bring his or their notes (depending on who shows up). The prosecutor will suggest you meet with the officer(s) to discuss the notes, but you should still be asking for an adjournment.

If you have followed up diligently (say, three or four times) and can show you've done so, the prosecutor may be willing to withdraw the charge, particularly if the prosecutor has been following up with the officer(s) and has not received anything from him/them. You should certainly ask for it to be withdrawn, as you've done what's in your power to keep things moving.

thanks!

linkin99
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Re: Exceeding speed limit by 15km/h-Trial or Pay?

UPDATE: Went to the trial, police showed up but left before the trial (don't know why...)...Ticket withdrawn.. thanks everyone for your help and drive safe!

UPDATE:

Went to the trial, police showed up but left before the trial (don't know why...)...Ticket withdrawn..

thanks everyone for your help and drive safe!

Zatota
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Location: Thornhill

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Re: Exceeding speed limit by 15km/h-Trial or Pay?

A win's a win! Congratulations.

A win's a win! Congratulations.

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