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Ontario Highway Traffic Act

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Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
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PostPosted: Wed Apr 17, 2013 3:01 pm 
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Newbie

Joined: Wed Apr 17, 2013 2:50 pm
Posts: 8
Hi, I got a ticket this morning where I started increasing my speed from 50 kms/hr seeing the speed-limit post for 80 kms/hr. The cop gave me a $135 ticket claiming that I was at 78 in a 50 zone. I was given the ticket at 50 ft before the speed limit post. I stopped by the side of the post.

If I fight this, is my reason good enough for my defense (that I started increasing my speed seeing the 80 kms/hr post) ?

Any thoughts and suggestions would be appreciated.

Thanks/Manas


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Re: Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
PostPosted: Wed Apr 17, 2013 3:11 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, that specific argument would not be a valid defence in Court. Legally, you’re required to obey the 50 km/hr limit until you enter the 80 km/hr zone.


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Re: Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
PostPosted: Wed Apr 17, 2013 3:47 pm 
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Joined: Wed Apr 17, 2013 2:50 pm
Posts: 8
Stanton, thank you. My understanding is that 99% of the drivers do what I did, increase the speed before reaching the post (80 kms/hr). Any suggestions what reasons could go well in my defence ? I find the ticket unusually harsh on me.


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Re: Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
PostPosted: Wed Apr 17, 2013 3:53 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I agree that most drivers speed up ahead of time, but that that isn’t a valid defence in Court. If you said that in Court, you’d be convicted. In terms of fighting the charge, it’s probably best you read through the forums and get some ideas on general strategies for fighting tickets. It’s always a good starting point to request disclosure and see what the officer’s actual evidence is. That might give you an idea of what you can fight the charge on.

If the fine is the main issue, you can also try working out a plea deal with the Crown to a reduced speed. If your ticket wasn’t already reduced by the officer, it’s pretty much a guarantee the Crown will offer you a deal to a lesser fine.


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Re: Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
PostPosted: Wed Apr 17, 2013 3:59 pm 
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Joined: Wed Apr 17, 2013 2:50 pm
Posts: 8
Ticket is not the main issue, my issue is insurance. Thank you for helping with your suggestions though, at a loss now as to what to do.


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Re: Ticket for 78 kms/hr at 50 ft before the 80 kms/hr Post
PostPosted: Mon Apr 22, 2013 2:00 pm 
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Joined: Wed Apr 17, 2013 2:50 pm
Posts: 8
I have 2 minor tickets from the same incident in Quebec for more than 2 years and I am yet to get a Court date. Are there any rights for the drivers against such a delayed trial ?


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