Speeding... 68 over School Zone.. By my Dash Cam say 65...

cclo
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Speeding... 68 over School Zone.. By my Dash Cam say 65...

by: cclo on
Thu Oct 10, 2013 9:34 am

Hi, I got caught speeding near 401 and Brimley, it is a over a bridge so I was going downhill. The speed limit there posted "50" KM.

I was caught after I came off the bridge over 401, the School Zone was behind that...

The COP told me I was doing 68! And he wrote on a ticket "Speeding 68 over school zone". What bug me is he put a "R" on the ticket !! Which he didn't really reduce my speed.

And the area he caught me isn't a school zone... the school zone was behind the cop.... way behind! He only charge me $42 and then after victim fee is $60.

Here is the question, if I was in the school zone... isn't my fine double??? Why wasn't?

Lucky I got a Dash Cam in my car... Please see the link below, it is a mp4 file.. As you can see, the max speed I have on the Cam is "65".

And you can clearly see the "YELLOW" School Zone sign way behind the cop after he stop me at the end of the video.

Anything that under 16KM over the speed limit is no demerit points. But if it is over 16 it is 3 Demerit Points.

I plan to pick Option 2 meet with prosecutor. The last speeding ticket was 2007 May.... so I really don't care to have 1 ticket. But I really don't wanted any Demerit Points in my record. What chances do you guys think do I have to have it reduce where no Demerit Points is taken?

Here is the mp4 video of my dash cam... It is in my Google Drive...

https://docs.google.com/file/d/0B4qYsmB ... sp=sharing

Manay thanks...


iFly55
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by: iFly55 on
Thu Oct 10, 2013 12:44 pm

There are a lot of schools in Ontario, and roads adjacent to them could be considered "school zones". However, fines for speeding and traffic offences can only be increased in designated "Community Safety Zones".

I'm familiar with that stretch of Brimley, and I don't believe that's a Community Safety Zone. So all the fines would be regular.

for +18kph

Set Fine: ($2.50/kph)(18kph) = $45
Victim Surcharge ($0-50) = $10
Court Fee: $5
Total: $60

The officer botched the set fine, which is considered a fatal error; look up the London v. Young method and go that route.

Your dashcam speed will not help you in court, the officer's reading will be found to be more reliable if presented correctly. In the event you were looking for a plea-bargain, the crown is guaranteed to give you a reduced speed that doesn't carry points.

Even if the courts entertained your dashcam speed, you're still going +15kph over the limit, which carries a guilty conviction for $52.50. If you're a fully graduated licensed driver (G Class), three points won't affect you. However a conviction for speeds of even +1kph could affect your insurance premiums even without points.




daggx
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by: daggx on
Thu Oct 10, 2013 2:30 pm

While nothing is certain, I think it is very likely that the crown will offer to drop it down to 65 so that you can avoid the points. That having been said since the ticket has a fatal error on it you could fallow the procedure set out in London v. Young and have the ticked thrown out completely.




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by: iFly55 on
Thu Oct 10, 2013 5:40 pm

@cclo

You're in a unique position where the officer made a "fatal error" on your ticket. This fatal error gives you the opportunity to get the ticket dropped.

You can force a fatal error by choosing two options:

1) Ignoring the ticket
2) Choosing the trial option, and not showing

In your absence, a JP will examine the ticket and make sure that it's regular on its face. When they see the mistake with the "set fine" they will toss it out.

Lets say the JP misses the mistake and you're still convicted, you can appeal using London v. Young. Many people in this forum have successfully done this, have a look:

http://www.ontariohighwaytrafficact.com ... ndon+young


cclo
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by: cclo on
Thu Oct 10, 2013 7:57 pm

I just came home and look at my ticket. The set fine is $45 and Total is $60. So I think it is correct.

What I still do not like is he clocked me over the overpass not at the school zone. And that he put "R" on my ticket. He actually caught me and the woman behind me. He was more concern with that lady then me. He give me the ticket and let me go... The total time may be less then 2 minutes. Then he ran over to the lady.

Anyway, I try option 2. I got my driver licence all the way back in 1989. So far I got 3 tickets including this one. One was illegal left turn in 1992, one speeding under 15km in 2007, and this one.

It was my stupid mistake this time, I always know they had speed trap there. I just forgot this time.




tdottopcop
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by: tdottopcop on
Fri Oct 11, 2013 3:01 am

.... okay well you seem to have great difficulty replicating the information on the ticket onto the message board here so why don't you go ahead and scan an image of the ticket and post it to lay to rest all the confusion you've created while the nice people here try to help you.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)




cclo
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by: cclo on
Fri Oct 11, 2013 9:55 am

Hi, here is the jpeg of my ticket... I white out my name, license number and my plate number.

https://docs.google.com/file/d/0B4qYsmB ... sp=sharing


The video of me going though is here..

https://docs.google.com/file/d/0B4qYsmB ... sp=sharing


I got 2 Questions. He put an "R" in my ticket. Do you think I can still get a reduction to 65?

And 2nd Questions, usually how long do I have to wait before I get to see J.P.? It is in Markham Road and 401 location. Does anyone have any experience using Option 2 at that location? Can you share?

Many Thank you for all your help.


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by: bend on
Fri Oct 11, 2013 10:24 pm

cclo wrote:I got 2 Questions. He put an "R" in my ticket. Do you think I can still get a reduction to 65?
Whether or not your ticket gets reduced to 65 isn't going to be because of your video, it'll be because they are willing to reduce your charge for admission of guilt.

No one knows how that speed was calculated. Assuming it's just GPS, it's definitely not accurate enough.

Assuming it's coming right from the vehicles OBDII port to a device, the calculation is only as good as the device used to connect to the port itself.

Even if it was a video of your speedometer, It's not 100% accurate. Available tire tread, tire sizes, tire make, air pressure, etc can give you a slight misread depending on your speed. Considering you're making an argument over 3 kms, your video is not going to do you much good.

Speeding is an absolute liability offense. You'd be better off ditching your video as it does nothing for your case. I'd suggest concentrating your efforts somewhere other than your video.


cclo
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by: cclo on
Fri Oct 11, 2013 10:49 pm

Yea, I will first tell the JP that I didn't pay attention that the speed limit was lower from 60km to 50km as I just get on to the bridge. The problem are no where in the ticket say where I was traveling. Just N/B Brimley.

But as I understand, in most cases, you enter the room and they will just offer you to lower your speed and drop your points before you open your mouth to speak. If that is true, then I will just shut up and go.

But if he or she ask where I was, I will show her a photo from google street view. And the 50KM Begin sign just as I get on the bridge. Before I offer them the video.






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