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Ontario Highway Traffic Act

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Speeding 106km/hr in a 80km/h zone
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PostPosted: Sat Feb 28, 2009 2:07 pm 
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Hi Guys,

I was wondering if you could give me any advise or assistance. I was traveling north on Highway 10 when an oncoming police car allegedly clocked me doing 106 km/h. Highway 10 has a posted speed limit of 80km/h.

I was actually on a part of highway 10 that curves to one side and what I want to know is how the officer is able to use radar/laser on a portion of the highway which is not straight. There were also a number of other cars on the highway at the same time so how can he be sure it was me.

I also noticed that on the ticked and the Notice of trial the offence time is incorrect (I was actually at work at the time stated on the ticket). Could I use this to have the ticket "thrown out"?

Thanks for your help


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PostPosted: Sat Feb 28, 2009 6:00 pm 
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You'll have to get disclosure to find out all the details.....the readings on any lidar/radar are skewed (they read lower) when tracking a vehicle at an angle... could you be more specific as to where on 10 you were...I drive from orangeville to oakville everyday...

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PostPosted: Sat Feb 28, 2009 6:18 pm 
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Hi,

I was travelling north between Shelburne and Flesherton. According to the ticket it was highway 10 Southgate (South road 200).

I'm going to mail in a request for disclosure, I have a court date in May.

Thanks


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PostPosted: Sat Feb 28, 2009 9:10 pm 
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Google map the road and put it up here..... Sounds like another fellow on here

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PostPosted: Thu Mar 05, 2009 4:26 pm 
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Hi there,

The following link takes you to the map on google maps. Its where I was pulled over. What I am really interested in is whether I can have the ticket thrown out for having the wrong time on it. I can get a letter from work proving I was at work at the time of the ticket.


http://maps.google.ca/maps?f=q&source=s ... iwloc=addr


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PostPosted: Thu Mar 05, 2009 5:29 pm 
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The wrong time probably won't get it thrown out right away, but it will really weaken the Crown's case because it damages the officer's credibility. The Prosecutor may just drop the charge rather than risk losing in court, depending on the Prosecutor.

You said the officer was oncoming. How close were the other cars on the road to you? Also, did you get your disclosure package yet? If the officer lost sight of you and it took a while for him to catch up, then it adds a further level of doubt.


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PostPosted: Thu Mar 05, 2009 6:23 pm 
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Radar Identified wrote:
The wrong time probably won't get it thrown out right away, but it will really weaken the Crown's case because it damages the officer's credibility. The Prosecutor may just drop the charge rather than risk losing in court, depending on the Prosecutor.
.


How much time are we talking? I was on the stand and was questioned about this for 15 min time difference. Guy based it on time/distance from a gas station with a fuel receipt. I was able to successfully counter this cross examination and obtain a conviction.

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PostPosted: Thu Mar 05, 2009 6:56 pm 
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Guess it also might depend on the JP...


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PostPosted: Thu Mar 05, 2009 7:44 pm 
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Hi,

I've requested a disclosure.

The officer wrote the time as PM instead of AM and it appears on the notice of trial as the same. So its wrong by a full 12 hours.

I was following another 2-3 cars which were ahead of me. I remember that because it took forever to pass a slower moving vehicle that had been ahead of us further back on highway 10. I'm not sure how well the defense of I was moving with the flow of traffic would work in this case.

Has anyone else had experience of being ticket for speeding by an oncoming officer? Is it something easy for the officer to do especially when he has to be driving at the sametime?


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PostPosted: Thu Mar 05, 2009 10:13 pm 
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highway10 wrote:
Is it something easy for the officer to do especially when he has to be driving at the sametime?


Very easy to do.

2 lane hwy:
- 80% moving, traffic oncoming
- 10% moving, traffic coming up my backside
- 5% stationary radar
- 5% lidar

4 lane hwy:
- 5% moving, traffic oncoming (need uturns or flat median to turn around)
- 45% moving, traffic coming up my backside
- 5 % stationary radar
- 45% lidar

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PostPosted: Thu Mar 05, 2009 11:09 pm 
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highway10 wrote:
Hi,

I've requested a disclosure.

The officer wrote the time as PM instead of AM and it appears on the notice of trial as the same. So its wrong by a full 12 hours.

I was following another 2-3 cars which were ahead of me. I remember that because it took forever to pass a slower moving vehicle that had been ahead of us further back on highway 10. I'm not sure how well the defense of I was moving with the flow of traffic would work in this case.

Has anyone else had experience of being ticket for speeding by an oncoming officer? Is it something easy for the officer to do especially when he has to be driving at the sametime?


How close to the other vehicles were you. PM to AM is just a check box....where do you go for court?? Orangeville?

You said you passed a slower car....I wonder if some else did too and you got dinged????

Bear has given lots of info on how radar works....do your research and ask some questions.....it's not that big a ticket, good learning tool.

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PostPosted: Sat Mar 07, 2009 11:52 am 
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Thanks for all the help guys, the court day is in May in Owen Sound. I will post more information once I get my disclosure.

On another point I was under the impression that I couldn't use my cell phone or other electronic devices while driving. If this is correct shouldn't this apply to officer's as well.


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PostPosted: Sat Mar 07, 2009 3:25 pm 
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You can still use them....for now

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PostPosted: Sat Mar 07, 2009 8:55 pm 
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highway10 wrote:
On another point I was under the impression that I couldn't use my cell phone or other electronic devices while driving. If this is correct shouldn't this apply to officer's as well.


It is proposed legislation, but yet in affect. It is Bill 73, only has passed a first reading. The proposed legislation is hands free only. However, a few states have banned cell phones completely useless parked. so will that change anything...who knows.

All emergency services (EMS, fire, Police) are exempt from the Act. Would just be stupid to prevent those services from using the phone.

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PostPosted: Sun Mar 08, 2009 4:28 pm 
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That law dos nothing it still ignores the fact cell phone drivers are DISTRACTED.

Maybe a law banning all passengers would be more realistic to.

Come on here, playing with the radio, text messaging, talking to your wife, feeding a baby while driving, having the dog in the front seat, eating and driving.

These things are all distractions, some silly law wont change that.

And anyone who tries to do these things while driving at high speeds on a 400 series highway doesn't exercise very much common sense.

If your gonna talk on your phone the least you should do is pull over to the right side of the highway and drive slower.


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