29/KM over in a 50, First ticket. Help Me Fight it!

Syphor
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29/KM over in a 50, First ticket. Help Me Fight it!

Unread post by Syphor on

First off, excellent site Ive been reading many stories and have learned a lot about in the legal system in the short time Ive been here. Ive also read a bit on ticket combat and it is very good reading as well.

I appreciate any time that you people put into helping me and I will provide as much information and update the thread every step of the way.

Secondly, My ticket. Travelling into Ingersoll on Highway 19 I set the cruise control to 90KM/H and somehow made my way to the front of a group of cars (setting the pace I suppose) Into town it turns into a 60 for 1KM or less and then a 50KM. as I just passed the 50 sign I noticed a cop and laid on the brakes. I quickly looked behind me to make sure I had not scared the guy behind me and noticed a car and behind him a larger truck very close. I slowed to 50 and passed the cop. He pulled out behind me.

I turn the corner on to Ingersoll St stop and immediately get my license/registration for when the officer comes to visit me.

Conversation ( as I can remember)
OPP: Do you know why I pulled you over?
Me: I believe your going to tell me. (Stupid I know, I just could not think of what to say and didn't want to admit to anything.)
OPP: I had you doing 93 in a 50
ME: !!!!!!!!!!!!!!!!
OPP: 7 more km and I could have impounded your car
OPP: Where are you headed?
ME: Home then work, Just got out of school
OPP: Where do you go to school:
ME:(Insert Community College), sir
OPP: Ok Ill be right back stay here
He goes into his car which seems like forever. At least 5 mins.

OPP: Ok I've lowered your ticket to 29 over, 43 over was $300 and this is only $120 so be thankful.
ME: Yes sir I really appreciate it.
OPP ( goes on about how he lowered it)

ME: I don't believe how was I 43 over
OPP:Well you see the signs back there....
Me: no I understand the signs switch to 50 I just didn't think I was going that fast. Oh well Heres the ticket, No use arguing now.
Ya I cant lower it much more then that.

Thoughts:
He really went on about how he lowered it and how fast I was going. I really didn't think I was going 93, I suppose everyone says that tho. It almost felt like he was stretching the truth a little bit though. I feel they lower it so people with just pay and not argue.


Possible ways to fight :
How did he determine I was speeding with two cars hot on my tail? (Ya 43 over is prob easy to see.

He had to have radar me when I was still in the 60? But how do I prove that?

Car on other side of road?

He was on commercial property that is currently for sale? Is that OK? Ive never seen a cop there before.

Challenge his memory: My insurance was in a different persons name and he didn't even question it, and my vehicle also has a large dent (looks like baseball bat beat the poopoo out of the trunk and he didn't even ask.) I doubt he would remember either one of those and they are pretty major so...



**EDITED ticket out by HTA MOD, can add the ticket in, however, remove officer badge, unit number , platoon and signature...not approriate for forum, then you can repost, thank you ********



Image
COP WAS AT B
50KM/H Sign is at A
Distance from A - B is ~ 140M

Ive signed the ticket and stated I wanted to plead not guilty/challenge evidence and sent it VIA registered mail ($8 Rip). Just waiting for a court date and then I will request disclosure right?


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Simon Borys
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Unread post by Simon Borys on

Syphor wrote:Thoughts:
He really went on about how he lowered it and how fast I was going. I really didn't think I was going 93, I suppose everyone says that tho. It almost felt like he was stretching the truth a little bit though. I feel they lower it so people with just pay and not argue.
Of course he went on about lowering it. He wants you to pay it so he doesn't have to go to court.
Syphor wrote:Possible ways to fight :
How did he determine I was speeding with two cars hot on my tail? (Ya 43 over is prob easy to see.
Depends on whether he was using radar or laser. You'll find out in disclosure.
Syphor wrote:He had to have radar me when I was still in the 60? But how do I prove that?
You can't.
Syphor wrote:Car on other side of road?
Are you saying he might have read a car going the opposite direction? Only relevant if he was using a radar, then it depends on whether it was in toward mode, away mode, or both.
Syphor wrote:He was on commercial property that is currently for sale? Is that OK? Ive never seen a cop there before.
Nothing wrong with that.
Syphor wrote:Challenge his memory: My insurance was in a different persons name and he didn't even question it, and my vehicle also has a large dent (looks like baseball bat beat the poopoo out of the trunk and he didn't even ask.) I doubt he would remember either one of those and they are pretty major so...
Irrelevant to your charge.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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hwybear
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Unread post by hwybear on

Simon Borys wrote:
Syphor wrote:Thoughts:
He really went on about how he lowered it and how fast I was going. I really didn't think I was going 93, I suppose everyone says that tho. It almost felt like he was stretching the truth a little bit though. I feel they lower it so people with just pay and not argue.
Of course he went on about lowering it. He wants you to pay it so he doesn't have to go to court.
Or he knows his court and prosecutor, meaning some prosecutors will not offer anything "lower" as a plea bargain as it has been lowered already at roadside, and if it goes to trial the prosecutor will amend the speed back up to the original clocked speed.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Simon Borys
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Unread post by Simon Borys on

Good point, that's entirely possible too.
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Reflections
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Unread post by Reflections on

Long story short: Wait for disclosure and go from there. And don't get anymore tickets in the mean time. :D
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Unread post by Syphor on

No updates thus far, just wanted to keep you guys posted. (Maybe Ill never see a court date //knock on wood)


Im waiting for a court date and then I ask for disclosure right?

Also could someone tell me more about amending it to the higher speed. Ive heard mix things about this and what to clear that up. Because My orginal charge was indeed more costly, both to my record and finances.

TIA Everyone


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Unread post by Reflections on

Syphor wrote:Im waiting for a court date and then I ask for disclosure right?
You got it.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Unread post by Syphor on

Quick Update,

Got my court date its in November of 2010, so 5 months from my conviction,

Im going to read up on the ticket combat site but any tips from you guys would be helpful to in my request for disclosure.

Ninja Edit: The court date paper also said something about me bringing a witness? Whats that about. Haven't heard anything about that.


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Unread post by Blogdog on

It seems to me like you are guilty of your charge. But it all comes down to creating reasonable doubt when you present your case in court. Furthermore, you might get lucky and the officer not even show up, resulting in your charges being dropped. That's if you're lucky, so be prepaired with a series of questions to ask the officer which will cast doubt on your charge. Reasonable doubt is all you need, so you have the advantage.
You have the right to defend yourself!

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Syphor
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Unread post by Syphor on

Hello everyone, my court date is fast approaching and I had not received disclosure yet. I called the prosecutors office and they informed me that they usually give the disclosure on the day of the trial.

Now I am pretty sure that this is not adequate amount of time to prepare my defense and I am allowed to get my court date adjourned somehow. Could someone please help me through what I am supposed to do on court day.

Thanks in advance.


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Reflections
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Unread post by Reflections on

You can plan word it if you wish.

"Your Worship, I just recieved the disclosure package today and have not had enough time to read it. I ask for an adjournment and that this is not of my own doing, not be counted against my right to a speedy trial."




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