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Ontario Highway Traffic Act

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First Speeding Ticket
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PostPosted: Fri Jul 27, 2012 2:20 pm 
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Joined: Fri Jul 27, 2012 2:08 pm
Posts: 2
I have been driving for 35 years and have never been stopped for speeding.
I was stopped in Halton Hills in May and charged with going 85 in a 60 zone. The officer did not reduce the fine. I do not believe that I was driving that fast (I guess we all say that!), and I want to question the validity of the radar reading. I was stopped on a two lane, tree lined road, near a power generation plant. I'm not sure if the trees or the power plant would impact the radar reading.
I have received a trial date and want to request disclosure. It seems excessive to request all the possible equipment manuals and records and the officer's training records for such a small offence.
I would appreciate any suggestions.
Thank you.


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Re: First Speeding Ticket
PostPosted: Fri Jul 27, 2012 4:13 pm 
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Joined: Sun Aug 21, 2011 12:58 am
Posts: 2
You can't and shouldn't request the training records of the officer. It's assumed that he is trained. The only time his training MIGHT come in to play is with a breathalyzer.

What you should be requesting from disclosure is your driving record, the type of device used to clock you, and the officers notes. You should also ask for the officer's 'will says'. This is what the officer will say on the stand at trial.

I'm not familiar with Halton Hills, but I know that a 25 over is hard to get reduced in some jurisdictions. If you already have a trial date and it's more than a couple of weeks away, you should be able to get disclosure on time. At your trial date, (assuming you've requested disclosure...fax a request to the proper court) you should get it at that date, which means you will have to put it over again to give you time to go over the disclosure.

I don't know your other convictions, but one conviction is not going to affect your insurance. Insurance companies look at the number of convictions, not the number of demerit points. If you have two or more convictions, even 0 pointers then yes, it will start to affect your rate.


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Re: First Speeding Ticket
PostPosted: Fri Jul 27, 2012 5:22 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Most jurisdictions will reduce a speeding ticket in exchange for a guilty plea if the officer didn't already cut you a break. I don't think it's unreasonable to expect them to drop it down to 15 over. I would slightly disagree with Drupjohn in that even one speeding ticket MAY impact your insurance rates, though likely by a small amount.

As for accuracy, trees etc. won't impact the reading. Sometimes heavy rain/snow will reduce the range, but not the accuracy. Power lines can cause interference, but any new radar will simply display an error message and the officer should test for interference prior to setting up in a location.


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