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Ontario Highway Traffic Act

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how quickly can you stop by travelling at 84km?
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PostPosted: Wed Aug 18, 2010 11:30 am 
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Joined: Tue Aug 10, 2010 4:59 pm
Posts: 14
if the police said I was speeding at 84km/hr on a 50km zone
but the police only stand 50 meter after "50km begin sign"

here how it goes:
I was travelling on 70km zone
then there is 50km AHEAD sign
100 meter after that sign, it is 50km BEGIN sign
the police stop me at 50 meter after the 50begin
I was able to stop nicely without running over him
further away, there is 50 km maximum sign about 200 meter away from the police car and my car.

my question is, if I was travelling at 84 km, then I can be able to stop nicely without running over him? that is only 50 meter from "50 km begin" ?
can I use this argument in court to state that he lock me down at a different speed zone?


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PostPosted: Wed Aug 18, 2010 12:20 pm 
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Posts: 14
1) Request a Trial.
2) Receive Date.
3) Request Disclosure.

Usually in disclosure the officer will state in his notes how far the reading was taken. eg: 250 meters... and weather and such...

If you can show in pictures and/or video that he clocked out outside the 50 zone, then you can have a chance of winning. (don't show that the previous zone was a 70 zone - not sure if the judge can amend the ticket to say 84 in a 70 zone).

But yeah... just wait until you get a trial date and disclosure... there may be several options later (eg: charter motion, incomplete disclosure, etc...)


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PostPosted: Wed Aug 18, 2010 2:47 pm 
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you can show pictures to the judge? then I have some in hand, but I don't know if pictures is allow in court?

also, can family member represent me in court? what excuse do I need to make?

thankyou for posting, zeroconviction.[/quote]


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PostPosted: Thu Aug 19, 2010 10:39 am 
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Joined: Wed Aug 18, 2010 10:52 am
Posts: 14
Cutiemouse888 wrote:
you can show pictures to the judge? then I have some in hand, but I don't know if pictures is allow in court?


A sticky in the *Courts and Procedures* section called *Guidelines for Submitting Photographs* can help
http://www.ontariohighwaytrafficact.com/topic1765.html

Cutiemouse888 wrote:
also, can family member represent me in court? what excuse do I need to make?

thankyou for posting, zeroconviction.


A pro may have to answer that one... If your family member is not a lawyer or a paralegal, not sure if you would want to go that route anyway... Also, are you planning not to be present in court? Only time I've seen family members show up is to plead guilty to a lesser charge.
*(http://www.ticketcombat.com/step2/change.php)

No excuse really needed. Whoever represents you can just say that you have another appointment and that they have been given full authority to speak on their behalf.


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Speeding ticket
PostPosted: Mon Aug 23, 2010 9:37 am 
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Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
The stopping distance and whether you were able to stop is not relevant to the charge.

The only thing the court will be interested in is "were you speeding on that date".

What happened after you were caught speeding is not relevant to a speeding ticket charge.

Speeding ticket trial are won on legal technicalities properly presented to the court, e.g 11b applications, motion to quash and motions for non-suit.

The ticket you received has 4 demerit points on it...

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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PostPosted: Mon Aug 23, 2010 5:00 pm 
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Joined: Tue Aug 10, 2010 4:59 pm
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If I agree to pay the lower fine , would they reduce it down to zero point?

of not, how do I file for 11b?
and what reason is most acceptable by the judge?


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PostPosted: Fri Aug 27, 2010 12:35 pm 
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Joined: Wed Aug 18, 2010 10:52 am
Posts: 14
Sorry, was busy this week --

Cutiemouse888 wrote:
If I agree to pay the lower fine , would they reduce it down to zero point?

Depending on the prosecutor - they usually give you a new charge and not tell you if any points are associated to it or not. There are two 'systems' in play...

1) your ticket carries a FINE - break the law -- if convicted -- pay a penalty and hopefully you do not disobey the law again.

2) IF Convicted - The conviction would be recorded and the Ministry of Transportation will be informed. They then will administer any 'demerit points' associated with the conviction.

---- THEREFORE ----
Depending on the prosecutor, you may not get a new charge. They may say to you, the officer has all this evidence... why do I need to offer you a lesser charge? (I've seen this happen to one lady)

Depending on the prosecutor, They may say - would you plead guilty to 66Km/h in a 50 zone, the fine is X$... you'll ask, if there are any points, and the prosecutor will just tell you that they are not involved in administering points. (I've seen this too... such a Butt). So it's up to you to know that anything 16 and above carries points.. 15 and below do not.

Depending on the prosecutor, they may give you a good reduction and tell you if there are any points associated with this charge...

Cutiemouse888 wrote:
of not, how do I file for 11b?
and what reason is most acceptable by the judge?


11b is a constitutional question. You only file this if your rights under the Charter have been violated (ie: take too long to get to trial, or you didn't get full disclosure)


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PostPosted: Sat Aug 28, 2010 1:16 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
If you pay this ticket out of court, plead guilty to any speeding offence of 16 km/h or more over the speed limit, or get convicted of any speeding offence of 16 km/h or more over the speed limit, the demerit points are automatic.

Payment of the ticket out of court constitutes a conviction according to section 8 of the Provincial Offences Act... so same result either way. The only way to avoid demerit points it to not get convicted, or to plead guilty to an offence that does not carry demerit points (e.g. 15 km/h or less over the speed limit).

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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