I was traveling westbound on Lawrence Ave East. I just passed Don Mills. I'm in the left lane in a 2-lane road. I get caught at the stop lights at Donway West...I'm the first car in the left lane and next to me is a Venture/Uplander type van. Light turns green and we proceed to accelerate. Approx 200m past the light in the right lane there is a moving truck with its rear door rolled up and ramp down making a delivery or whatever they were doing, in front of building @ 880 Lawrence Ave East. At this point the Uplander/Venture vans slightly accelerates and signals to come into my lane, which he does. No problem. We pass the moving truck and as usual driving habits the van signals and goes back into the right lane. Within seconds and a block or so away a police officer doing radar behind a pole jumps out to the dotted line separating our lanes, puts their hands up to motion for us to stop/slow down...both vehicles almost came to a complete stop. She motions to the van to stop and then directs me to turn on to the side street Cassidy Place. I instantly got a sick feeling in my stomach. Officer approaches the window and asks for my papers which I hand over. I began to plead to the officer the events that just took place and that she pulled over the wrong car and all that she said to me was "If you have questions - ask them in court!" I was truly sickend and a loss for words. All this happened within 200m of passing the moving truck. I don't know what to do and more importantly, I don't know how this could happen to even give myself a fighting chance to defend myself. Please help.
I was traveling westbound on Lawrence Ave East. I just passed Don Mills. I'm in the left lane in a 2-lane road. I get caught at the stop lights at Donway West...I'm the first car in the left lane and next to me is a Venture/Uplander type van. Light turns green and we proceed to accelerate. Approx 200m past the light in the right lane there is a moving truck with its rear door rolled up and ramp down making a delivery or whatever they were doing, in front of building @ 880 Lawrence Ave East. At this point the Uplander/Venture vans slightly accelerates and signals to come into my lane, which he does. No problem. We pass the moving truck and as usual driving habits the van signals and goes back into the right lane. Within seconds and a block or so away a police officer doing radar behind a pole jumps out to the dotted line separating our lanes, puts their hands up to motion for us to stop/slow down...both vehicles almost came to a complete stop. She motions to the van to stop and then directs me to turn on to the side street Cassidy Place. I instantly got a sick feeling in my stomach. Officer approaches the window and asks for my papers which I hand over. I began to plead to the officer the events that just took place and that she pulled over the wrong car and all that she said to me was "If you have questions - ask them in court!" I was truly sickend and a loss for words. All this happened within 200m of passing the moving truck.
I don't know what to do and more importantly, I don't know how this could happen to even give myself a fighting chance to defend myself.
You did not indicate how fast you think you were going but, keep in mind if you admit that you were even 1 km over the limit you were still speeding and can be convicted. File for a court date and request disclosure to see the evidence the officer has against you and go from there. In all likelihood at trial you will be offered a reduced speeding charge in exchange for pleading guilty. If you are firmly convinced of your innocence then when you receive your court date and file for disclosure you can see where you stand.
You did not indicate how fast you think you were going but, keep in mind if you admit that you were even 1 km over the limit you were still speeding and can be convicted. File for a court date and request disclosure to see the evidence the officer has against you and go from there. In all likelihood at trial you will be offered a reduced speeding charge in exchange for pleading guilty. If you are firmly convinced of your innocence then when you receive your court date and file for disclosure you can see where you stand.
Thanks for replying, ynotp. In regards to how fast I was going...I'm not sure. Obviously slower than the the van that got in front of me. I have already filed for a trial and requested disclosure using a samples from this and ticketcombat site. Question now is, what do I actually look for when I receive my disclosure to defend myself??
ynotp wrote:
You did not indicate how fast you think you were going but, keep in mind if you admit that you were even 1 km over the limit you were still speeding and can be convicted. File for a court date and request disclosure to see the evidence the officer has against you and go from there. In all likelihood at trial you will be offered a reduced speeding charge in exchange for pleading guilty. If you are firmly convinced of your innocence then when you receive your court date and file for disclosure you can see where you stand.
Thanks for replying, ynotp. In regards to how fast I was going...I'm not sure. Obviously slower than the the van that got in front of me. I have already filed for a trial and requested disclosure using a samples from this and ticketcombat site.
Question now is, what do I actually look for when I receive my disclosure to defend myself??
You cant go to court and say someone else was going faster than I was, but I am not sure how fast I was going, but I couldn't have been going that fast. If you plan to fight this and win you either have to find a technicality like the trial taking too long, fatal error, no sign visible, etc OR attack the evidence itself while maintaining with absolute certainty that you were travelling at or below the posted speed limit. Just revive this thread with the details of the police notes. Do a search on fatal errors on the ticket itself you might get lucky. I would also search the forum as to what other peoples experiences are and it should give you some insight and better prepare you. If you find yourself without a leg to stand on you can always almost certainly plead down to a lower speed/fine.
You cant go to court and say someone else was going faster than I was, but I am not sure how fast I was going, but I couldn't have been going that fast. If you plan to fight this and win you either have to find a technicality like the trial taking too long, fatal error, no sign visible, etc OR attack the evidence itself while maintaining with absolute certainty that you were travelling at or below the posted speed limit.
Just revive this thread with the details of the police notes. Do a search on fatal errors on the ticket itself you might get lucky. I would also search the forum as to what other peoples experiences are and it should give you some insight and better prepare you. If you find yourself without a leg to stand on you can always almost certainly plead down to a lower speed/fine.
Prior to trial, faxed prosecutor's office with disclosure request as per examples from this site and TicketCombat. Went to court on Monday. Officer was present. Approached prosecutor before court went into session. She immediately commented that I didn't leave my phone number on my request to be contacted. Asked me how I'd like to proceed and I said that I want to request to have case adjourned. While on stand I mentioned that I need time to prepare defense and some evidence/documents are missing from disclosure. Long story short, the JP grants adjournment and suggests that I speak to officer in hall to go over any issues. Officer proceeds to explain a simple disclosure to me and says if I need the manual to go down stair to room12E for a copy, which they gave me. I have no idea as to what to do next. Do I request additional disclosure? What am I supposed to look for in a disclosure for a defense? Need the help of the forum. Link to original post. http://www.ontariohighwaytrafficact.com/topic5770.html Thanks
Prior to trial, faxed prosecutor's office with disclosure request as per examples from this site and TicketCombat.
Went to court on Monday. Officer was present. Approached prosecutor before court went into session. She immediately commented that I didn't leave my phone number on my request to be contacted. Asked me how I'd like to proceed and I said that I want to request to have case adjourned. While on stand I mentioned that I need time to prepare defense and some evidence/documents are missing from disclosure. Long story short, the JP grants adjournment and suggests that I speak to officer in hall to go over any issues. Officer proceeds to explain a simple disclosure to me and says if I need the manual to go down stair to room12E for a copy, which they gave me.
I have no idea as to what to do next. Do I request additional disclosure? What am I supposed to look for in a disclosure for a defense?
Looks like a photocopied ticket. Reads: Sunny +14° S/C6316 Clear Dry No Obstruct 4D Grey Mazda Male XX (they were in a box representing 2 passengers) 70KM L1 136M 2 Lanes E/B&W/B Lines Visible, Clear View Never Lost Sight Of MV Posted 50KM Zone (Begins) Approx. 500m E/ Of Setup Loc. Laser Atlanta SN:22469 TEST 0630HRS@TSV-1230HRS@TSV Working Properly Handheld That's everything on disclosure. Thanks for replying iFly55
Looks like a photocopied ticket.
Reads:
Sunny +14° S/C6316
Clear Dry
No Obstruct
4D Grey Mazda
Male XX (they were in a box representing 2 passengers)
70KM L1 136M
2 Lanes E/B&W/B
Lines Visible, Clear View
Never Lost Sight Of MV
Posted 50KM Zone (Begins) Approx. 500m E/ Of Setup Loc.
I searched but could not retrieve a satisfactory answer.
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