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Ontario Highway Traffic Act

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Traffic Speeding Ticket
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PostPosted: Tue Apr 09, 2013 5:15 pm 
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Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.

Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.

At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and being extremely familiar with the area I was going behind a truck that was going about 60km/h, at this point of time, I started downshifting as I drive a Manual Transmission Car preparing for the stop as Cars were starting to pile up, waiting for the light a mile or two away. I noticed a Cop Cruiser on the right side of the road coming off the curve merging in with the Jane entrance ramp traffic, they were just under the bridge there. As I came to a complete stop, an Officer decides to come out walking towards my Car. There were only two lanes aside from the merging lane for the Ramp. I was all the way on the left lane. He signal me to pull over. No problem, I proceeded to make way for myself to enter the right side of the Emergency lane since Traffic was starting to move again. He asks me if I knew how fast I was going, I said "The Speed limit", I then handed over my License and Registration along with the Insurance Papers. He then asks if I was wearing my Glasses, at this point in time, I was wearing Contact Lens, so, I wasn't about to remove them. The Officer then said "Wait here" heading towards his Cruiser. 5 minutes passed, he comes back with some phantom number speeding ticket number and told me if I wanted to, I can fight this in Court. I asked if I could see the Instrument he used to record me going at that speed, he completely ignored me and headed towards his vehicle. I was ignored and figured even if I argued about it then and there, there would be no point since he already wrote me up.

As you can tell, the interaction between us were minimal. He decided to hand me a ticket for no good reason just because I drive a sports Car, despite going the speed limit, I somehow managed to gain a free ticket, just for downshifting, making my engine loud, thus, possibly making him THINK I was speeding, when I was not. It was also Traffic hour, and even if I WAS or intended to speed, I would have absolutely no braking power going 100km/h with Cars that are stopped not even a couple of meters away.

Now. I don't have an criminal records, nor do I have a bad driving history. This will be the first time I'm fighting a ticket in Court. Is there anything or recommendation I could be using in order to battle this nonsense ticket?


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Re: Traffic Speeding Ticket
PostPosted: Tue Apr 09, 2013 7:59 pm 
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Location: Ontario
When is your court date and did you request disclosure if so what does it say?


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Re: Traffic Speeding Ticket
PostPosted: Wed Apr 10, 2013 5:52 pm 
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The date has been reset as of yesterday since they didn't send me any information about the case or about the trial I was suppose to appear in. I'm going in tomorrow to reschedule an appointment and it should be quite some time before I stand before the Jury.


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Re: Traffic Speeding Ticket
PostPosted: Wed Apr 10, 2013 6:56 pm 
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This area is a radar spot. The officers wait under the Queens Drive bridge and point probably 1000ft ahead as the limit goes from 100km to 70km. There's nothing spontaneous about being pulled over here.

How prepared are you really for trial? Have you requested disclosure or not? They aren't going to send it to you if you don't ask.


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Re: Traffic Speeding Ticket
PostPosted: Wed Apr 10, 2013 7:52 pm 
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Joined: Fri Sep 30, 2011 8:42 am
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iKira wrote:
The date has been reset as of yesterday since they didn't send me any information about the case or about the trial I was suppose to appear in. I'm going in tomorrow to reschedule an appointment and it should be quite some time before I stand before the Jury.


It's traffic court dude, there is no jury.

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Re: Traffic Speeding Ticket
PostPosted: Thu Apr 11, 2013 8:39 am 
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Actually, radaring anyone before the 70km/h sign is posted isn't likely since it's a bridge, not even in eye leveled view where he was waiting, also higher up that you would be go over. Plus it's in a angle for the Officer to successfully even get you. Mind you I was on the left lane, so going over the bridge and where the only lane that is cleared visible is the right lane and I was downshifting going slow to begin with behind a truck with Traffic going on. Not to mention that there were Cars piling up on the Jane/Blackcreek Ramp/Merging lane makes it sound doubtable he actually got me on radar when they were already busy with another 'Customer'.

As for being prepared for the Trial. I haven't set anything up yet as I'm asking for advice here first before I attempt to do anything to increase my chances of avoiding this nonsense conviction for my Insurance to go up cause they didn't make their sales target for the month.

I was also suppose to have received some papers along with a Court Date when I was attempting to fight this Ticket, however it appears they somehow got it my Address wrong, which isn't unlikely. Now I have to go back and get another appointment, and that's where I'm standing at the moment. I have until the 25th of this month to go in and request an option.

Any help regarding this matter will be very much appreciated.

Image

Traffic piled up the the line, and the box represents the Officers Vehicle and where they were, dealing with another Car just infront of them.


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Re: Traffic Speeding Ticket
PostPosted: Thu Apr 11, 2013 6:37 pm 
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iKira wrote:
Actually, radaring anyone before the 70km/h sign is posted isn't likely since it's a bridge, not even in eye leveled view where he was waiting, also higher up that you would be go over. Plus it's in a angle for the Officer to successfully even get you.


If you decide to request a trial, i'd suggest you also file for disclosure and read the details related to your stop. They will tell you exactly how they came to the conclusion that you were traveling at an alleged 100km.

In my experience, officers wait under the Queens Bridge, which is the next one after the one you posted (Maple Leaf Bridge). They are stationed with a radar device and point just in front of the Maple Leaf Bridge as that's where the 70km sign is posted. This gives the officer enough time to get a reading on the gun and walk out into the road and signal for you to pull over. Either he himself will do it or there will be an officer there to walk out on the road. They've been doing this for years and quite frequently in this location.

I am assuming this is what happened to you. I could be wrong. That being said, it's important to know how you were pulled over so you know how to defend yourself. "I downshifting and the officer thought i was going faster than I was" is not going to be a very good argument if the officer is 1000ft ahead of you with a radar gun pointed at your vehicle.


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Re: Traffic Speeding Ticket
PostPosted: Fri Apr 12, 2013 12:54 am 
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Alright, that makes sense. Is there anything else I can use to increase my chances of winning this case like hiring an X Copper for example?

I really don't want to close this case as my Insurance rate is high enough as it is. Any recommendation will be highly appreciated and the steps I should be taking, thank you.


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Re: Traffic Speeding Ticket
PostPosted: Fri Apr 12, 2013 5:25 am 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
I think if you are going to do this on your own you should ask for a reduced charge in exchange for a guilty plea on the day of your trial if the officer is in court. Based on what you are saying if you want to try to win outright I would hire a good paralegal.


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