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.
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?
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.
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.
The official charging court document is what the officer gave you, not the notice of trial
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
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
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I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
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Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
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I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
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I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
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I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
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I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…
