Pinched by the OPP airplane 128 in a 100 near Windsor

canadalion
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Pinched by the OPP airplane 128 in a 100 near Windsor

Unread post by canadalion on

Hello,

First time poster.

In August I was pulled over by an OPP Officer who proceeded to tell me that the airplane had caught me doing 128 on the 401 coming out of Windsor.

One of the first things he says to me are, "I've been waiting for you for about 20 minutes". He was a very nice fellow - no issues there....he actually told me to either fight the ticket or try to make a deal. I live in Michigan (but I am Canadian for the record).

I believe he handed the ticket to my wife, although I have no proof of that (and my wife says she cannot 100% recall if this is true, although we both think he did b/c he was on that side of the vehicle, and she was handing him the insurance, my license, etc....).

I am fighting this ticket on the basis of a few reasons:

1 - I don't want the demerit points
2 - I don't believe I was doing 128 (I was doing 120 however....and at the point where I was actually being pulled over I was doing about 118).
3 - The fact that the Officer told me he had been waiting for me for 20 minutes
4 - Even the officer on the ground told me not to pay the set fine, but to either fight it in court (he said the last few times the guy in the plane hasn't shown up - the pilot lives in London and the courthouse is in Windsor)

I just got my trial date and am planning on going back to the courthouse to request disclosure - which I believe in this case consists of both officers notes.

If the officer in the airplane simply describes my vehicle (ie no plate #) and does not log that he kept me in plain sight until I was actually pulled over, does this create reasonable doubt that I was the one actually speeding?

This is the first time I will have ever fought a ticket (I get one every 5 or 6 years it seems)....does anyone have any advice on things I need to consider before going to court? Anything I should look out for?

Much appreciated. Thank you in advance.


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