Hello All, I am new in here, and over the last 5 years, this is my first ticket that I got on Mar 28, 2010 on Highway 400 southbound near White Falls and Port Severn Area. I was coming back to Toronto from MacTier. The time was midnight 12:05 am. The streets up north were totally deserted. As soon as I crossed White Falls area, I saw an unmarked car entering highway 400 from some local street, I crossed him not knowing that he was a cop. I was not really watching my speed and this cop came behind me from far at very high speed and continued on with very high lights, i changed the lanes on purpose and he changed lanes behind me too, I still could not tell whether he was a cop, then after two minutes, he turned his lights on. At first I was scared to pull off on a deserted place with no one around, but I did. He came out and told me that he caught me at $125km/hr and asked for my license , insurance and ownership and I obliged. Later he came back with a ticket saying 115km/hr on 100 zone and told me please mail the cheque to Orillia and that you will not lose any points. I would like to get some of you expert's advice as how to proceed. My insurance is coming up for renewal in two months, shall I fight this ticket or pay the fine? How much will my insurance go up with. I will have to drive to Orillia to plead not guilty, I have never been to court before, what shall i be asking there. Do you get a disclosure right there when you go to plead not guilty? If I do go to trial, what can i say in trial? Some of the things, it was very foggy near port severn and white falls area and that is why you could hardly see anything on the road at midnight. The officer just came behind as he was moving and not standing still with a Radar, so could the radar make a mistake due to fog, could that be used. One of the funniest thing about this is when the officer came out first, he told me that I got you at 105km/hr and then he repeated 125km/hr. and then he put 115km/hr on ticket. If you notice 105 and 115, the office has touch time recognizing between 0 and 1. I am saying this because on the ticket he put a wrong month of my birth day. The month of my birth is 11 (nov) and he put 01 (jan). Could that be used for something? What other things can I find on the ticket to get this dropped. It is a yellow ticket and everything is written with hands. Any one of you experts help will be much appreciated. Many thanks to all of you. Regards, Danyal

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Speeding 115km/hr on highway 400

by: Duke on

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Duke
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Re: Speeding 115km/hr on highway 400

Thanks guys for all your help, I think I will go to the court to plead NOT guilty. Best Regards to All.

Thanks guys for all your help,

I think I will go to the court to plead NOT guilty.

Best Regards to All.

Duke
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Re: Speeding 115km/hr on highway 400

And one last questions to all of your experts? If I setup a trial and don't show up if i am busy, what happens????????? New trial is setup or I get convicted???????? And will this conviction be for original ticket or amended one if they do ask for amendment without me being present? Thanks,

And one last questions to all of your experts?

If I setup a trial and don't show up if i am busy, what happens?????????

New trial is setup or I get convicted???????? And will this conviction be for original ticket or amended one if they do ask for amendment without me being present?

Thanks,

Duke
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Re: Speeding 115km/hr on highway 400

And one last question to Fyrestorm, When a cop reduces a ticket at his discretion, should he not write some kind of code on the ticket itself that it was reduced cause the cop never mentioned anything to me about reducing the ticket.

And one last question to Fyrestorm, When a cop reduces a ticket at his discretion, should he not write some kind of code on the ticket itself that it was reduced cause the cop never mentioned anything to me about reducing the ticket.

siriusone
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Re: Speeding 115km/hr on highway 400

If you arrange a trial and do not show up you will be convicted in your absence. Any plea in my opinion is begging (pleading) !! A trial is at least a way to stand up for yourself !

If you arrange a trial and do not show up you will be convicted in your absence.

Any plea in my opinion is begging (pleading) !!

A trial is at least a way to stand up for yourself !

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FyreStorm
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Re: Speeding 115km/hr on highway 400

They can't amend without you present, that's why I say pay it or go, but be prepared for the larger fine and points. Not sure about writing it on the ticket...the case law was succinct on that point. Did the officer tell you what the speed was at the time of the stop? That may be enough. As for siriusone's comment, if standing up for yourself is more important that saving yourself money and points...they may be right. You should march on down there, assert your rights, don't take no for an answer....and if found guilty take your increased penalty and extra demerit points, cause lord knows, you wouldn't want to plead...sorry, that's just too funny... A plea of not guilty isn't begging. It's a statement. Semantics really, but some people can't accept this! Plea bargain, plea = equals your verbal election / statement. Bargain = to reduce pain, difficulty in exchange for your agreed statement. We often see people go to court, work out a plea on a first appearance, then when the prosecution presents their evidence the court will ask "Ask the facts substantially correct?" The defendant will state, no sir but I want to get this over with so we agreed to that!" The plea is struck from the record and the matter is put over to another day. You lawfully can't plead to something you can't do, it's a manner of lying to the court, which I think way to many drivers do anyway...

They can't amend without you present, that's why I say pay it or go, but be prepared for the larger fine and points.

Not sure about writing it on the ticket...the case law was succinct on that point. Did the officer tell you what the speed was at the time of the stop? That may be enough.

As for siriusone's comment, if standing up for yourself is more important that saving yourself money and points...they may be right. You should march on down there, assert your rights, don't take no for an answer....and if found guilty take your increased penalty and extra demerit points, cause lord knows, you wouldn't want to plead...sorry, that's just too funny...

A plea of not guilty isn't begging. It's a statement. Semantics really, but some people can't accept this!

Plea bargain, plea = equals your verbal election / statement. Bargain = to reduce pain, difficulty in exchange for your agreed statement.

We often see people go to court, work out a plea on a first appearance, then when the prosecution presents their evidence the court will ask "Ask the facts substantially correct?" The defendant will state, no sir but I want to get this over with so we agreed to that!"

The plea is struck from the record and the matter is put over to another day.

You lawfully can't plead to something you can't do, it's a manner of lying to the court, which I think way to many drivers do anyway...

Duke
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Re: Speeding 115km/hr on highway 400

To Fyrestorm, when he says that if you don't attend trial and they will amend the ticket and convict you in your absense. That is unjust and prejudiced according to the case that you posted earlier. Atleast in that case, the prosecution told the defendant in advance. I have nothing against the cops, but I believe they sometimes use their authority a little too much. Anyone try driving in 401 at a constant speed of 100km/hr and watch people tail gate you , show you fingers, try to knock you over and then change lanes and take over you with very short distance. Where is cops then? Every single day I go home and see almost all cars driving at 120km/hr or more on 401 and 400, not a single stop, but they will pull one person out and finish their quotas for the day. We all know, this is income coming to city, not really to stop the speeders. The only reason I wanted to fight this case was because the cop chased me inappropriately and scared me. I changed lanes two times to let him, he changed lanes behind me and kep flashing me in middle of no where and pitch dark. Honest to God, I once thought to race and keep moving but he turned his lights on. Very inappropriate! Thats my only two cents!

To Fyrestorm, when he says that if you don't attend trial and they will amend the ticket and convict you in your absense. That is unjust and prejudiced according to the case that you posted earlier. Atleast in that case, the prosecution told the defendant in advance.

I have nothing against the cops, but I believe they sometimes use their authority a little too much. Anyone try driving in 401 at a constant speed of 100km/hr and watch people tail gate you , show you fingers, try to knock you over and then change lanes and take over you with very short distance. Where is cops then? Every single day I go home and see almost all cars driving at 120km/hr or more on 401 and 400, not a single stop, but they will pull one person out and finish their quotas for the day. We all know, this is income coming to city, not really to stop the speeders.

The only reason I wanted to fight this case was because the cop chased me inappropriately and scared me. I changed lanes two times to let him, he changed lanes behind me and kep flashing me in middle of no where and pitch dark. Honest to God, I once thought to race and keep moving but he turned his lights on. Very inappropriate!

Thats my only two cents!

cruzmisl
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Re: Speeding 115km/hr on highway 400

But you got caught and got a break. Just because everyone else is doing it doesn;t make it right. Last time I checked the speed limit was 100km/h.

But you got caught and got a break. Just because everyone else is doing it doesn;t make it right. Last time I checked the speed limit was 100km/h.

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hwybear
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Re: Speeding 115km/hr on highway 400

Already posted the reason for a delay in stops very common. Did you keep moving to the right or back and forth (left/right)? Obviously you have never been in backroads 6+ hrs out of the GTA and get stopped on a real backroad with trees, rocks, lakes and things. I've been in those spots, a single road in and out too. No street lights, just a moon and when the car was turned off the crickets and frogs could be heard and once I heard a wolf :shock:

Duke wrote:

The only reason I wanted to fight this case was because the cop chased me inappropriately and scared me. I changed lanes two times to let him, he changed lanes behind me and kep flashing me in middle of no where and pitch dark. Honest to God, I once thought to race and keep moving but he turned his lights on. Very inappropriate!

Already posted the reason for a delay in stops very common.

Did you keep moving to the right or back and forth (left/right)?

Obviously you have never been in backroads 6+ hrs out of the GTA and get stopped on a real backroad with trees, rocks, lakes and things. I've been in those spots, a single road in and out too. No street lights, just a moon and when the car was turned off the crickets and frogs could be heard and once I heard a wolf :shock:

Last edited by hwybear on Tue Mar 30, 2010 7:43 pm, edited 1 time in total.
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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Re: Speeding 115km/hr on highway 400

If you don't show up you get convicted under section 9(1) of the provincial offences act, but they cannot amend if you aren't there...so you'll be convicted of what was on the certificate of offence. As for your comment about over authoritative cops, that's why we have a court system and a professional standards branch and supervisors and a civilian complaints commission. Like I said, if you get stopped going 30 over ($240 and 4 points) and the officer gives you a 15 over for $52.50 and no points, only a (no offence intended) knucklehead would fight that in court unless you can prove it was someone else... The whole point of reducing it is keep officers on the road and not tied up in court rooms and speed along trial for people who require them in our already overburdened system. It's a not perfect, but it works in the DRIVER'S FAVOUR. 95% of the people I give a 15 over too, give me a shocked but genuine 'Thank You', after all, if we didn't give a rat's a$$, we'd let ya's all drive like hair on fire fools and just have body removal on standby.

If you don't show up you get convicted under section 9(1) of the provincial offences act, but they cannot amend if you aren't there...so you'll be convicted of what was on the certificate of offence.

As for your comment about over authoritative cops, that's why we have a court system and a professional standards branch and supervisors and a civilian complaints commission.

Like I said, if you get stopped going 30 over ($240 and 4 points) and the officer gives you a 15 over for $52.50 and no points, only a (no offence intended) knucklehead would fight that in court unless you can prove it was someone else...

The whole point of reducing it is keep officers on the road and not tied up in court rooms and speed along trial for people who require them in our already overburdened system. It's a not perfect, but it works in the DRIVER'S FAVOUR.

95% of the people I give a 15 over too, give me a shocked but genuine 'Thank You', after all, if we didn't give a rat's a$$, we'd let ya's all drive like hair on fire fools and just have body removal on standby.

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hwybear
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Re: Speeding 115km/hr on highway 400

Please ask for us to be given true "unmarked cars" to enforce this driving behaviour, people put on their "halo" whenever a marked unit is near Can only stop one vehicle at a time. If you would rather more stops, petition the gov't to bring back photo radar.

Duke wrote:

Anyone try driving in 401 at a constant speed of 100km/hr and watch people tail gate you , show you fingers, try to knock you over and then change lanes and take over you with very short distance. Where is cops then?

Please ask for us to be given true "unmarked cars" to enforce this driving behaviour, people put on their "halo" whenever a marked unit is near

Every single day I go home and see almost all cars driving at 120km/hr or more on 401 and 400, not a single stop, but they will pull one person out.

Can only stop one vehicle at a time.

If you would rather more stops, petition the gov't to bring back photo radar.

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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Re: Speeding 115km/hr on highway 400

Or the ticket bears a fatal error, or the evidence disclosed shows the officer made a big mistake. Personally, if the officer reduces it to 15 km/h over, I'd just pay it and be on my way.

FyreStorm wrote:

Like I said, if you get stopped going 30 over ($240 and 4 points) and the officer gives you a 15 over for $52.50 and no points, only a (no offence intended) knucklehead would fight that in court unless you can prove it was someone else...

Or the ticket bears a fatal error, or the evidence disclosed shows the officer made a big mistake.

Personally, if the officer reduces it to 15 km/h over, I'd just pay it and be on my way.

* 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
Duke
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Re: Speeding 115km/hr on highway 400

Folks, I was not driving at 130km/hr. I never drive at that speed. He told me he caught me at $120km/hr and gave me 115km/hr. I may have been driving at 110km/hr and tried to speed up when he was behind me flashing me and i kept changing lanes to let him go.

Folks, I was not driving at 130km/hr. I never drive at that speed. He told me he caught me at $120km/hr and gave me 115km/hr. I may have been driving at 110km/hr and tried to speed up when he was behind me flashing me and i kept changing lanes to let him go.

Duke
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Re: Speeding 115km/hr on highway 400

About Fyrestorm comment on "THANK YOU". I did say thank you to the officer and he thanked me and told me "sorry for the rough midnight".

About Fyrestorm comment on "THANK YOU". I did say thank you to the officer and he thanked me and told me "sorry for the rough midnight".

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Re: Speeding 115km/hr on highway 400

The "changing lanes" was a huge part of your perceived thought that the officer was scaring you. Was probably trying to get you to the right most lane by flashing the highbeams and then once you got to the right lane was going to activate the red/blue for you to stop. (there is no requirement to stop for flashing white light, only red/blue). Once a vehicle is in the right lane it is a whole lot easier to stop the vehicle on the shoulder. The officer is mindful for not only you, but other traffic, therefore if you are in the middle lane, the officer has to also check the right most lane to be able to safely get you to the right. Add in that the middle lane could be overtaking the right lane and then the officer has multiple vehicles in the right lane to try and squeeze both himself and your vehicle into, then onto the shoulder.

Duke wrote:

I may have been driving at 110km/hr and tried to speed up when he was behind me flashing me and i kept changing lanes to let him go.

The "changing lanes" was a huge part of your perceived thought that the officer was scaring you. Was probably trying to get you to the right most lane by flashing the highbeams and then once you got to the right lane was going to activate the red/blue for you to stop. (there is no requirement to stop for flashing white light, only red/blue). Once a vehicle is in the right lane it is a whole lot easier to stop the vehicle on the shoulder. The officer is mindful for not only you, but other traffic, therefore if you are in the middle lane, the officer has to also check the right most lane to be able to safely get you to the right. Add in that the middle lane could be overtaking the right lane and then the officer has multiple vehicles in the right lane to try and squeeze both himself and your vehicle into, then onto the shoulder.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Duke
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Re: Speeding 115km/hr on highway 400

Hwybear, You may be right, but there were only two lanes on that part of highway 400, i was on express lane, he came chasing me and I switch over to right lane thinking that he wanted to cross me , he got behind me on right lane , and flashed high beams, i switched to express lane again, he got behind me again and flashed again, then i switch to right most lane again, The son of a gun again flashed, and i switched to express lane again thinking that he wanted to cross me and now i was about to race and get the hell outta there, cuase i thought he was a drunk messing around cause it was midnight. At that moment he turned his red/blue/white lights on express lane and i gave a right indicator to pull over. So As I said, the officer was not professional. He looked sleepy to me too. And believe it or not, he stopped me at 12:02 am and came back to hand me the ticket at 12:36 am. It took him 34 minutes to do a check up and write a ticket in which he even made a mistake on my birth day. I will go to the court and if he shows up, i will tell him to be more professional at night chases and to write the ticket again with proper date of birth and send it to me and maybe then I will PAY the fine. PS: I thought this forum was to get help in terms of fighting tickets, but looks like majority of the people don't give you any tricks here.

Hwybear,

You may be right, but there were only two lanes on that part of highway 400, i was on express lane, he came chasing me and I switch over to right lane thinking that he wanted to cross me , he got behind me on right lane , and flashed high beams, i switched to express lane again, he got behind me again and flashed again, then i switch to right most lane again, The son of a gun again flashed, and i switched to express lane again thinking that he wanted to cross me and now i was about to race and get the hell outta there, cuase i thought he was a drunk messing around cause it was midnight. At that moment he turned his red/blue/white lights on express lane and i gave a right indicator to pull over.

So As I said, the officer was not professional. He looked sleepy to me too. And believe it or not, he stopped me at 12:02 am and came back to hand me the ticket at 12:36 am. It took him 34 minutes to do a check up and write a ticket in which he even made a mistake on my birth day.

I will go to the court and if he shows up, i will tell him to be more professional at night chases and to write the ticket again with proper date of birth and send it to me and maybe then I will PAY the fine.

PS: I thought this forum was to get help in terms of fighting tickets, but looks like majority of the people don't give you any tricks here.

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