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Help, 106km/h in a posted 80.
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PostPosted: Tue Apr 19, 2011 12:37 pm 
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Joined: Tue Apr 19, 2011 11:59 am
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I was travelling on a Kings Highway posted limit of 80 km/h and was going a bit over 90. Cars had been passing me for the past 20 minutes. After a car passed me and pulled ahead about 100 meters I seen him hit his brakes. I immediatly looked down at my speedo an it said 93 ish. I did not hit my brakes and only let off on the gas to slow down as an oncoming cop flew by, hit his brakes, did u-turn on 4 lane highway and then sped up to pull me over.

He said that I was doing 106 km/h in an 80 posted. Did not reduce the ticket. I'm pretty sure this was a case of getting the wrong car and he probably got his reading off the guy that just passed me. My car gets a wheel shimmy shake at about 95 km/h and I drive just under this speed 99% of the time.
I have had 2 speeding tickets (10km/h over) prior to this in 34 years of driving. Unfortunately one of them occured only 6 months ago.

I decided to fight this and have a couple questions. First of all, after mailing in the ticket, I received a notice to appear in court at a date that is 9 months away from the alleged offence time. Is this proper? Secondly, the notice to show from the province indicates that on the alleged offence date I was pulled over at 3:10 pm. I was 40 km away at that time doing a job I can verify with witness. The actual time was 1:10 pm. Not sure what the actual ticket said, since its mailed in now. I'm thinking some clerk looked at 13:10 as 3:10pm by mistake. Does this indicate some kind of fatal error, or does it depend on what was written on the actual ticket by the officer?

Lastly, by showing up and pleading not guilty, do I incurr extra costs that I wouldn't normally by just paying the ticket and pleading guilty?

Your help would be appreciated.


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Re: Help, 106km/h in a posted 80.
PostPosted: Tue Apr 19, 2011 1:40 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Court dates vary from one jurisdiction to the next, but many are quite backlogged and it's not uncommon to wait up to a year for trial. As for the incorrect time, it's irrelevant if it's just on the notice, and still wouldn't be considered a "fatal" error even on the ticket itself.

In regards to costs, you could face a slightly higher fine if found guilty at trial. Speeding tickets have set fines and statutory fines. Set fines are lower, and applicable when you just pay the ticket. Statutory fines are higher, and can (but not always) be imposed by the Courts. I believe the total set fine for 26 over is $122.50 whereas the total statutory fine would be $147. If you fail to show up to your trial I think they tack another $10 onto the fine as well.


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Re: Help, 106km/h in a posted 80.
PostPosted: Tue Apr 19, 2011 5:44 pm 
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Location: In YOUR rearview mirror!
Emmery wrote:
Secondly, the notice to show from the province indicates that on the alleged offence date I was pulled over at 3:10 pm. I was 40 km away at that time doing a job I can verify with witness. The actual time was 1:10 pm. Not sure what the actual ticket said, since its mailed in now. I'm thinking some clerk looked at 13:10 as 3:10pm by mistake. Does this indicate some kind of fatal error, or does it depend on what was written on the actual ticket by the officer?.


The official charging court document is what the officer gave you, not the notice of trial

_________________
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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