Hello, I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January. Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see? Other notes: - The officer was quite rude to me, saying I was passing on the right etc. It is true that I passed on the right, but on a two lane highway to avoid someone who was left turning, and this action is not illegal - I was moving with traffic, with a vehicle in front of me, to the right of that, and behind me to the right. (So I am not sure how he could radar test my speed from in front, considering there was a vehicle immediately in front of me) - I do not have any recent tickets, which shows that I do have good driving habits, considering I commute 2+ hours there then back on a highways daily, no tickets Do I have any case? What are the chances of the court bumping it back to 123? In my opinion the aid of a paralegal does not help much, unless it ensures a win to keep from getting a record on my insurance. But I also feel I have no case here, which is quite unfortunate as there is no way I was going 43 over...
Hello,
I was pulled over for doing 123 in an 80 zone on highway 7 near Peterborough. The officer reduced it to 109 in an 80. It was HIGHLY unlikely that I was going 109, let alone 123, so for the merit of it I am taking this to court. Court case mid January.
Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
Other notes:
- The officer was quite rude to me, saying I was passing on the right etc. It is true that I passed on the right, but on a two lane highway to avoid someone who was left turning, and this action is not illegal
- I was moving with traffic, with a vehicle in front of me, to the right of that, and behind me to the right.
(So I am not sure how he could radar test my speed from in front, considering there was a vehicle immediately in front of me)
- I do not have any recent tickets, which shows that I do have good driving habits, considering I commute 2+ hours there then back on a highways daily, no tickets
Do I have any case?
What are the chances of the court bumping it back to 123?
In my opinion the aid of a paralegal does not help much, unless it ensures a win to keep from getting a record on my insurance. But I also feel I have no case here, which is quite unfortunate as there is no way I was going 43 over...
You do not have the required permissions to view the files attached to this post. Register to view.
I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
Thank you for the advice! Yes, I did just send for second disclosure.
jsherk wrote:
I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
Thank you for the advice! Yes, I did just send for second disclosure.
This advice will help you with a more digestible and readable version of the officer's notes. The officer has included 'R' in the code box to indicate the roadside reduction in the rate of speed (from a 4 demerit point offence down to a 3 demerit point offence). The original rate of speed also appears to be included in the Officer's notes. With the original rate of speed being 43 km/h over the posted speed limit, the prospect of a lesser offence being negotiated in minimal...possibly a generic signage offence. However, I am generally very careful to caution clients on these cases that if the matter can not be resolved before trial, it is generally not advisable to run the trial as the Prosecutor will likely seek to have the rate of speed amended back up to the original rate of speed.
jsherk wrote:
I would send another disclosure request and say "I can not read or understand the officers notes. Please send a typed copy along with any meaning of abbreviations used."
This advice will help you with a more digestible and readable version of the officer's notes.
The officer has included 'R' in the code box to indicate the roadside reduction in the rate of speed (from a 4 demerit point offence down to a 3 demerit point offence). The original rate of speed also appears to be included in the Officer's notes. With the original rate of speed being 43 km/h over the posted speed limit, the prospect of a lesser offence being negotiated in minimal...possibly a generic signage offence. However, I am generally very careful to caution clients on these cases that if the matter can not be resolved before trial, it is generally not advisable to run the trial as the Prosecutor will likely seek to have the rate of speed amended back up to the original rate of speed.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.
It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.
I think the bottom line means it was tested at 4:30am. No notes on when it was tested again later, so I did request a second disclosure asking for them to provide evidence (notes) on the testing of the device. If they do not provide any notes or evidence, do you think the justice will accept simply the officer's word of mouth testimony that he tested it? Or is this grounds for dismissal?
jsherk wrote:
It's hard to tell from the notes, but I do not think the officer included anyting with regards to testing the unit. Will need to see typed version though to confirm this.
I think the bottom line means it was tested at 4:30am. No notes on when it was tested again later, so I did request a second disclosure asking for them to provide evidence (notes) on the testing of the device.
If they do not provide any notes or evidence, do you think the justice will accept simply the officer's word of mouth testimony that he tested it? Or is this grounds for dismissal?
Thanks! Ha I think I was reading your post elsewhere too while researching for tips. I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case.
lolwut wrote:
I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.
Thanks! Ha I think I was reading your post elsewhere too while researching for tips.
I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case.
Thanks! Ha I think I was reading your post elsewhere too while researching for tips. I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case. An option always open to you is to pay the fine in advance of the trial date and the court will cancel the trial. The Officer was kind and used discretion in reducing the ticket at roadside, which is a bird in the hand so to speak as far as mitigating the penalties.
kbo wrote:
lolwut wrote:
I believe the ST and ET lines in the officer's notes refer to testing of the RADAR unit.
Thanks! Ha I think I was reading your post elsewhere too while researching for tips.
I feel like I am toast here, only hope is officer no-show. It's tempting to just pay it off to avoid the stress, but I think I will go in anyways just for the record so I can state my futile case.
An option always open to you is to pay the fine in advance of the trial date and the court will cancel the trial. The Officer was kind and used discretion in reducing the ticket at roadside, which is a bird in the hand so to speak as far as mitigating the penalties.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again. You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up, the officer will sit down with you and clarify anything you have trouble with, and your trial will either take place or be adjourned.
kbo wrote:
Thanks! Ha I think I was reading your post elsewhere too while researching for tips.
It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again.
You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up, the officer will sit down with you and clarify anything you have trouble with, and your trial will either take place or be adjourned.
If the officer has written the testing procedures on a separate page, would he or she not reference that page in the notes? I've seen, for example, "Ref 000000," where the digits refer to either a different ticket number or a page number. Either way, the Crown has to disclose the referenced notes. Without that disclosure, our OP may have an "out."
bend wrote:
It could the start and end of the officers shift, testing times, or both. It's also not uncommon for an officer to write testing procedures on a separate page so they're not writing the same thing over and over again.
You can always ask for clarification, but that's something you should be doing before your court date. Most likely you'll show up, the officer will sit down with you and clarify anything you have trouble with, and your trial will either take place or be adjourned.
If the officer has written the testing procedures on a separate page, would he or she not reference that page in the notes? I've seen, for example, "Ref 000000," where the digits refer to either a different ticket number or a page number. Either way, the Crown has to disclose the referenced notes. Without that disclosure, our OP may have an "out."
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
