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Ontario Highway Traffic Act

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Speeding 85km/h in 50 reduced to 64km
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PostPosted: Sun Jun 21, 2009 1:09 am 
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Joined: Sat Jun 20, 2009 2:45 am
Posts: 1
So recently I got clocked doing 85 in a 50 travelling e/b on Bloor right at Prince Edward viaDuct @ 1:08AM. The officer was nice enough to drop my charge to 64, which he indicates on my ticket, however no ticket would have been nicer.

With that said, i read through ticketcombat's website and I am curious if a vechicle description needs to be included on the ticket as my license plate is only present. Also I wanted to confirm if that law that the sign must be bilingual applies in Toronto and if the prosecutor can charge me with 85 in court?

Quick q: I forgot that I had my insurance slip in my wallet and couldn't provide it at the time so I got dinged for that too. Recommendations (I know this may not be the forum).

Added: Can I go to the york region center to file a notice of appeal or does it have to be at 137 Edward St.?


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PostPosted: Sun Jun 21, 2009 12:49 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
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Location: Toronto
Some answers:

- Vehicle description does not need to be included. The only things that must be on the ticket are the date, the offence, the name of the defendant, the location (does not have to be pinpoint-specific, e.g. Bloor Street is good enough) and the signature of the officer. Everything else can be added or amended at trial.

- "50 km/h MAXIMUM" is a bilingual sign. If it was "50 km/h BEGINS," it is not bilingual, meaning the "default" speed limit (theoretically) applies, which is... 50 km/h. Bilingual defence works in the case of "no turns 7AM-7PM MON-FRI," or other signs like that, but not in this instance.

- It is possible that the Prosecutor could withdraw the charge of 64 km/h in a 50 km/h zone and replace it with a charge of 85 km/h in a 50 km/h zone. Unlikely, but possible.

If you want to save a few bucks, you could try to plea-bargain, offering to plead guilty to one offence in exchange for dropping the other. You could also see if the officer does not show up, or try various other defences (other members will have more info). If it were me, I'd just pay the tickets, but do what you feel is best.

Also... you should be able to file the intent to fight the tickets at any POA office in Ontario. They won't hold the trial in York Region, but you can file it there.


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PostPosted: Sun Jun 21, 2009 11:29 pm 
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Joined: Thu Jan 15, 2009 10:49 pm
Posts: 346
Only 14 over though no demerit points.

Quite right nice officer indeed.

Although for insurance purposes all moving infractions do add up.

I would say its your choice to take it to court and depends on how your insurer will treat it.


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