Was the incorrect sign used? 25 over in a 50.

HiGloss
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Was the incorrect sign used? 25 over in a 50.

Unread post by HiGloss on

Turned onto single lane, divided road at the start of the road there was a 50 Ahead sign (50 with an arrow on top), Previously this road was a 70, (can be proven with google maps) though the sign about a km or so ahead from the 50 Ahead sign was covered up. In between the 50 Ahead sign and the radar trap there were no Max 50 signs, no speed signs at all besides the covered up Max 70.I Know that a 50 ahead sign is not a valid substitute for a speed limit sign, although there is a law that says 50 unless otherwise posted. Immediately after receiving the ticket I recorded a video of the route starting from the base of the road showing that there were no speed limit signs up until the radar trap, and there was another vehicle pulled over, and the officer was in his cruiser presumably writing him up. Do I have any legal recourse? I cant afford to pay a ticket fighter, especially since I have to miss work to attend court since I am the one who made the video. Can I be dinged for 5 over 70 if they decide that it was incorrectly marked or will they just scrap it all together if they find my evidence to be sufficient?

Your input is appreciated.


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hwybear
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Unread post by hwybear on

If it is not marked as you indicate, there is 2 speed limits of:
- 50km/hr in a built up area (inside city limits)
- 80km/hr in non-built up area (rural)
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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Unread post by HiGloss on

I have obtained by-law documents from the city stating that the stretch of road was in fact a 70 Zone on the date of my speeding ticket. From my research, a 50 Ahead sign is no substitute for a Maximum 50 sign.


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Unread post by fredfred on

hwybear wrote:If it is not marked as you indicate, there is 2 speed limits of:
- 50km/hr in a built up area (inside city limits)
- 80km/hr in non-built up area (rural)
Under the law, is it strictly whether the road is in a "town" or "township" that determines the default speed limit? There are a few townships that have become towns even though they have some very rural areas (ie. New Tecumseth). Would a non-built up area in one of these "towns" have a default 50 or 80 limit? What about an unmarked road dividing a town and a township?


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Radar Identified
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Unread post by Radar Identified on

HiGloss wrote:I have obtained by-law documents from the city stating that the stretch of road was in fact a 70 Zone on the date of my speeding ticket. From my research, a 50 Ahead sign is no substitute for a Maximum 50 sign.
Bring that by-law to your court date. Talk to the Prosecutor, and, if they do not withdraw the charge, then use that as evidence that you were, in fact, in a 70 km/h zone. They might amend the charge to 5 over, though, if you present the by-law in advance of trial. Bit of a gamble.

You are correct that 50 Ahead is advisory only and not a substitute for an actual "Maximum 50" sign.




* 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


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