Rec'd Disclosure - Do I have a Case? Looking for advice.

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hwybear
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by: hwybear on
Wed Mar 31, 2010 8:54 pm

Gweedz wrote: What if your notes are missing a piece of info (such as the actual clocked speed vs reduced speed that's shown on the ticket). Does this mean you have no recollection of it and can't bring it up in court?
what i'll guess has happened is that you got targeted at 89km with the lidar. While catching up the officer used radar and obtained a reading of 94km/hr. However the officer only made notes on the lidar reading and is not relying on any evidence with the radar for the offence notice issued.
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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by: Gweedz on
Thu Apr 01, 2010 2:59 pm

Sorry for not being clear - the officer was using a tripod at the side of the road and flagged me down. He said I was clocked at 94, but reduced it to 89.

Anyway, I've pretty much decided to end the pain and try to plea bargain for a lesser fine. As I've been told here it's not worth the risk to have it increased back to 94. I got too much going on in my life to worry about this now considering it's more of a longshot than I had thought.

In the end I did learn a lot about the traffic court process so it's not a total waste. I learned that if you're going to to 1 over, you may as well do 29 over as far as insurance is concerned ;)


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by: Gweedz on
Wed Apr 07, 2010 10:34 am

Just to close this thread in case anyone is following it.
I went to court and pleaded guilty to a lesser fine.
I spoke with the officer afterwards and brought up the issue with the laser retest time. This is what he said:

He said the entry before the test was 17:22, and the entry after the test was 18:00, so even though the test itself doesn't show a time, it happened between 17:22 and 18:00. Which all the courts care about is that it happened.

This makes sense and now I'm glad I didn't go through with the trial.


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FiReSTaRT
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by: FiReSTaRT on
Mon Apr 12, 2010 10:41 pm

FyreStorm wrote:I'd be more concerned with them entering the 94 kn/h amendment. The fine would go up from $138.75 and 3 demerits to $259 and 4 demerits. Also most insurance companies see anything 30 over and above as a MAJOR conviction which could seriously mess with your rates.

Where you going 94 km/h?

If so, pay this thing and be greatful.

I've seen dozens of people since R. v. Wannamaker leave court cursing their decision to fight their 'break'.

Also what's your record like?
You are misinformed, so I feel obliged to issue a correction, as it would be in the defendant's interest. The lightest speeding an insurance company in Ontario will treat as a "major" offense is 45km/h over the limit. Some will treat anything under 50 as "minor."
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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by: FyreStorm on
Mon Apr 12, 2010 11:05 pm

Then that must vary from company to company, mine splits it 29 & Under and >30km/h...


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Radar Identified
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by: Radar Identified on
Tue Apr 13, 2010 1:45 pm

My insurer has 45 km/h+ is major, 16-44 km/h over is minor, 15 km/h or less is forgiven (first one), any additional are minor.
* 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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FiReSTaRT
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by: FiReSTaRT on
Tue Apr 13, 2010 4:37 pm

FyreStorm wrote:Then that must vary from company to company, mine splits it 29 & Under and >30km/h...
Would you mind disclosing your insurer? While it does vary from company to company, the worst one I've heard of, treated 45+ over as a "major". Some tolerated as high as 49.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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