Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 26 posts ]  Go to page Previous  1, 2
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Speeding 106km/hr in a 80km/h zone
Author Message
PostPosted: Thu Apr 23, 2009 7:34 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
Hi Guys,

Well it took a while and I was hoping that it would never turn up the disclosure finally arrived.

I had asked for a typed copy of the officers notes I received the hand written version. Should I ask the prosecutor again for a typed version?

I can read most of it. Looks like the officer used something called a Genesis II (not sure if it is a radar or laser).

He used it from approx 200m. According to the notes there were no other vehicles insight. There were other vehicles but I'm guess its going to be his word against mine on that.

Looks like he tested the unit at 8:00 am and 8:22 am. The time on the ticket is 8:08PM. As discussed earlier I'm not sure whether thats going to help my case.

Any thoughts or advise?

Thanks


Top
 Profile  
 
Re: Speeding 106km/hr in a 80km/h zone
PostPosted: Thu Apr 23, 2009 7:44 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
highway10 wrote:
I can read most of it. Looks like the officer used something called a Genesis II (not sure if it is a radar or laser).

He used it from approx 200m. According to the notes there were no other vehicles insight. There were other vehicles but I'm guess its going to be his word against mine on that.


Genesis II is radar.

No other vehicles to you and the officer is 2 different things. You obviously saw other vehicles, but the officer is probably distinguishing that there were no other vehicles in the usual portion of the radar beam.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Last edited by hwybear on Thu Apr 23, 2009 9:28 pm, edited 1 time in total.

Top
 Profile  
 
PostPosted: Thu Apr 23, 2009 8:16 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
Based with the information on my disclosure is there a course of action or strategy I should use...or should I try for a plea bargain?


Top
 Profile  
 
PostPosted: Thu Apr 23, 2009 9:07 pm 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Quote:
Looks like he tested the unit at 8:00 am and 8:22 am. The time on the ticket is 8:08PM. As discussed earlier I'm not sure whether thats going to help my case.


Are you sure about those times. You sure it's not 8:00 pm and 8:22 pm. Officer's do have to test their equipment before and after a stop, little case law there,....that's about all you got....other then that you be hooked.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
PostPosted: Sat Apr 25, 2009 1:12 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
It looks like I didn't make myself very clear.

On the ticket the officer had marked the PM box. However I was pulled over in the AM. From the disclosure its clear that he tested the radar before and after he pulled me over in the AM.

I had been "hoping" to use the fact that he marked the wrong time on the ticket as part of my defense. I had obtained a letter from my employer clearly stating that at the time of the offence I was at work. Seeing that the correct times are on the disclosure does this weaken my defense?

I had also asked for a typed copy of the disclosure which was not supplied. Should I ask for another typed copy? Or would I just be annoying and reducing my chances on a plea bargain?

Thanks


Top
 Profile  
 
PostPosted: Sun Apr 26, 2009 12:27 am 
Offline
Jr. Member
User avatar

Joined: Sun Nov 16, 2008 5:53 pm
Posts: 25
Location: Ontario
Don’t focus your case on the PM/AM box. It’s probably not a fatale error. If you want a typed version of the notes, you may need to contact the officer.


Top
 Profile  
 
PostPosted: Sun Apr 26, 2009 1:32 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
Hey,

I've been browsing the sections of the forum on here and found that an incorrect set fine might help me. My set fine is $97.50, how can I verify that this amount is correct?

I have been to the following website but I am not able to find Schedule B.

http://www.ontariocourts.on.ca/ocj/en/s ... /index.htm

If it is incorrect I'm a little confused to whether I should attend or not attend the court day. Any help would be appreciated.

Thanks


Top
 Profile  
 
PostPosted: Sun Apr 26, 2009 3:08 pm 
Offline
Sr. Member
User avatar

Joined: Mon Jun 30, 2008 5:59 pm
Posts: 486
Location: Toronto
26km/h x $3.75 per km = $97.50
+$20 victim surcharge
+$5 costs
_____________________
Total payable = $122.50

********************************************

Some suggestions:

Forget the AM/PM thing. It will corrected at trial.

If your trial is in May you won't have enough time to re-request disclosure. So concentrate on filing an application for a stay.

******************************************
Example:

I have requested disclosure. I also specifically requested a copy of the radar manual and typed copies of the officer's notes, neither of which were provided.

Since the beginning of radar use in Ontario and for the last 50 years (R. v. Grainger (1958), 120 C.C.C. 321 (Ont. C.A.)) in order to obtain a conviction for a speeding charge based on radar, the Crown must show that
* (1)the officer was properly trained to setup and operate a speed measuring device and
* (2) that the device was working properly.

No information has been disclosed to me about the officer's training or the working order of the radar unit.

I suspect the Crown will attempt to establish points 1 & 2 at trial without disclosing this information to me in advance.

The Crown has a duty to disclose information that is useful to the defence in order to know the evidence against them, prepare for trial and make full answer to the charge. (R. v. Stinchcombe, 1991 CanLII 45 (S.C.C.); R. v. O'Connor, 1995 CanLII 51 (S.C.C.)).

The Crown has failed to meet its disclosure obligation and in doing so has violated my section 7 Charter right.

I respectfully request an order allowing the application and granting a stay of proceedings pursuant to Section 24(1) of the Charter.

Easy peasy!

_________________
Fight Your Ticket!


Top
 Profile  
 
PostPosted: Sun Apr 26, 2009 4:35 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
tdrive2 wrote:
Maybe a law banning all passengers would be more realistic to.


That would double, if not triple, the amount of cars on the road, and make those who can't drive drive more!

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Top
 Profile  
 
PostPosted: Tue Apr 28, 2009 6:34 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
WOW!!

Hadn't been online for a few days, but I was so surprised when I got here today. Thank you for you assistance I will let you guys know how it goes. I actually feel better about going to court now.


Top
 Profile  
 
PostPosted: Wed May 20, 2009 2:11 pm 
Offline
Newbie

Joined: Sat Feb 28, 2009 1:55 pm
Posts: 11
Hey Guys,

Finally had my day in court the prosecutor offered to reduce the ticket to 15km/h over which resulted in zero demerit points. I ended up taking this offer and pleading guilty.

Thank you guys for all the help


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 26 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Speeding - 99km in an 80km zone

Machiavelli

5

1056

Thu Aug 04, 2011 10:32 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Speeding Fine - 49km/h over in 80km zone

still

1

2016

Thu Dec 31, 2009 8:41 pm

racer View the latest post

There are no new unread posts for this topic. 110km/h in an 80km/hr zone

siobat

13

1639

Wed Dec 02, 2009 5:13 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 124km/hr in an 80km/hr zone...

untilproven

10

1252

Fri Oct 29, 2010 7:30 pm

pvotrainer View the latest post

There are no new unread posts for this topic. 123km/h in 80km/h Zone

SD1992

2

1021

Mon Apr 09, 2012 2:03 am

SD1992 View the latest post

There are no new unread posts for this topic. 80km/h in a 50km/h zone

devin98

4

1501

Mon Dec 02, 2013 12:45 pm

bend View the latest post

There are no new unread posts for this topic. 80km/h in a 50km/h zone

Nettlesoup

3

751

Sat Aug 09, 2014 12:09 am

Nettlesoup View the latest post

There are no new unread posts for this topic. 114km/h in a 80km/h Zone

shix6630

1

763

Sat Mar 07, 2015 7:58 pm

Stanton View the latest post

There are no new unread posts for this topic. 108km in a 80km zone advice plz

jumpmanx2323

8

1028

Wed Jun 02, 2010 9:58 am

jumpmanx2323 View the latest post

There are no new unread posts for this topic. 112 Reduced to 104Km/h in a 80km Zone

Moq

3

534

Tue Sep 27, 2016 5:01 pm

screeech View the latest post

There are no new unread posts for this topic. 125km/h in a 80km/h zone - Interesting Day at Trial

yamahaR6

9

2040

Fri Oct 25, 2013 2:49 pm

gramada2 View the latest post

There are no new unread posts for this topic. 99km in 80km zone, Construction area not indicated on ticket

jason555

9

833

Sun Oct 19, 2014 3:35 pm

iFly55 View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.