Myself and other vehicles were following an OPP cruiser on Hwy. 8 going about 120kmh. Once the officer hit the 401 he sped up to just under 130kmh. Eventually, the officer moved to the leftmost lane from the middle (I was in the right lane) and slowed down to 120kmh while I maintained speed. The officer then proceeded to move behind me and follow me the remaining few minutes to my workplace, no lights or sirens. By the time he had moved behind me I had also slowed to about 100kmh due to traffic. Once the officer parked behind me at work and I got out, he announced that I "shouldn't pass cops on the highway" and that he was giving me a warning. I then (foolishly, I guess) questioned why he was also going close to 130kmh and his whole demeanour changed while he decided to give me a ticket anyway. I know of HTA S.128(13) as well (didn't at the time though). It's like the cop wasn't giving out a ticket because I was speeding but because I questioned his hypocrisy. He gave out an air of just "never question a cop" which is ridiculous. It seems incredibly dishonest for a cop to speed, wait for people to match, and then slow down and ticket people for speeding. Is there any chance of something like this being successfully challenged in court? Thanks for any help.
Myself and other vehicles were following an OPP cruiser on Hwy. 8 going about 120kmh. Once the officer hit the 401 he sped up to just under 130kmh. Eventually, the officer moved to the leftmost lane from the middle (I was in the right lane) and slowed down to 120kmh while I maintained speed. The officer then proceeded to move behind me and follow me the remaining few minutes to my workplace, no lights or sirens. By the time he had moved behind me I had also slowed to about 100kmh due to traffic.
Once the officer parked behind me at work and I got out, he announced that I "shouldn't pass cops on the highway" and that he was giving me a warning. I then (foolishly, I guess) questioned why he was also going close to 130kmh and his whole demeanour changed while he decided to give me a ticket anyway. I know of HTA S.128(13) as well (didn't at the time though).
It's like the cop wasn't giving out a ticket because I was speeding but because I questioned his hypocrisy. He gave out an air of just "never question a cop" which is ridiculous. It seems incredibly dishonest for a cop to speed, wait for people to match, and then slow down and ticket people for speeding.
Is there any chance of something like this being successfully challenged in court?
You could file a complaint against the officer probably but that wouldn't amount to much. Cop mentality is the laws don't apply to them they're only there to enforce them. Cops aren't allowed to speed either unless they turn their lights and/or sirens on.
You could file a complaint against the officer probably but that wouldn't amount to much. Cop mentality is the laws don't apply to them they're only there to enforce them. Cops aren't allowed to speed either unless they turn their lights and/or sirens on.
Ontario Highway Traffic Act - Section 128(13)b: Fire department vehicles and police vehicles (13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to, (a) a fire department vehicle while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call; (b) a police department vehicle being used in the lawful performance of a police officer's duties; or (c) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation. R.S.O. 1990, c. H.8, s. 128 (13); 2009, c. 5, s. 40. https://www.ontario.ca/laws/statute/90h08#BK228
Ontario Highway Traffic Act - Section 128(13)b:
Fire department vehicles and police vehicles
(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,
(a) a fire department vehicle while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call;
(b) a police department vehicle being used in the lawful performance of a police officer's duties; or
(c) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation. R.S.O. 1990, c. H.8, s. 128 (13); 2009, c. 5, s. 40.
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