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Ontario Highway Traffic Act

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PostPosted: Mon Jun 08, 2009 9:00 pm 
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hockey pucks = antennas for the modem for the mobile work station (laptop)

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PostPosted: Mon Jun 08, 2009 11:19 pm 
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ticketcombat wrote:
And of course, there's our ongoing discussion about whether any of these "modern" devices are even being tested and used properly.


TC... should we open a second can of worms by bringing forward the argument that, thanks to the Cuthbertson ruling, speeding has effectively become a strict liability offence, and develop a due diligence defence? :shock:


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PostPosted: Tue Jun 09, 2009 8:01 am 
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Thanks for the advice everyone. The car in question was a brown Crown Vic. It had very dark tinted windows and I don't remember if it had antenna's or not. I've seen enough unmarked cars in my life time travelling from Port Hope to Whitby every day for the last 22 years but this one just didn't look like a Police car. I was driving my 4x4 pickup truck so maybe I just didn't get a good look through the back window being higher up. To be honest I thought it was just an old couple out for a drive and the driver just pulled to the right to be nice and let me by. I haven't been stopped by the Police in probably 18 years so I think I'll take it to court and hope for the best. I would be happy if it was knocked down to 15 over. The fine isn't an issue.


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PostPosted: Tue Jun 09, 2009 9:59 am 
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Radar Identified wrote:
ticketcombat wrote:
And of course, there's our ongoing discussion about whether any of these "modern" devices are even being tested and used properly.


TC... should we open a second can of worms by bringing forward the argument that, thanks to the Cuthbertson ruling, speeding has effectively become a strict liability offence, and develop a due diligence defence? :shock:

Personally I would push any justice to rule on 128 as a strict liability offence in light of Kanda and the recent 172 rulings. But the onus is still on the defendant to show the "diligence". I can see this coming up where you enter a reduced speed zone. (The sign was blocked, I didn't see it, I'm always careful, etc...) But just going down the road and blaming speedometer creep/flow of traffic is not really being very diligent. You would have to get an expert witness like Bookm to testify of the dangers of going slower than the normal flow of traffic!!!

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PostPosted: Tue Jun 09, 2009 12:45 pm 
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ticketcombat wrote:
You would have to get an expert witness like Bookm


snicker

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PostPosted: Tue Jun 09, 2009 2:56 pm 
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Reflections wrote:
ticketcombat wrote:
You would have to get an expert witness like Bookm


snicker


I just had to call the EMS as I fell out of my chair and banged my noggin'

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PostPosted: Tue Jun 09, 2009 6:41 pm 
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hwybear wrote:
Reflections wrote:
ticketcombat wrote:
You would have to get an expert witness like Bookm


snicker


I just had to call the EMS as I fell out of my chair and banged my noggin'


"OFFICER DOWN, OFFICER DOWN, bring the Boston Creme's and an Extra Large Cafe Mocha stat". "Roger that, whats the 20?". "Computer room, again!".

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PostPosted: Tue Aug 11, 2009 1:27 pm 
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Well I had my ticket reduced to 15 over today so I didn't lose any points. I was kind of disappointed with the procedure though. I waited for almost two hours before my name was called. I went into the little room and started to tell my story when I was told "sorry to interupt you but we are backed up today, will you plead guilty to 15 over and no points or do you want to take this to trial." I never did finish my story. What a big waste of time for everybody involved. I then had to wait another hour to plead guilty in front of the Justice of the Peace. Funny thing though, while talking to 3 other people they all got tickets from the same officer for passing him because he moved over to the right side of the road. Strange eh. I now know for sure he suckered me in and I now believe I ran into one of the bad police officers people here about. Still I was wrong and I did learn from it. :shock:


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PostPosted: Tue Aug 11, 2009 2:04 pm 
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TA462 wrote:
Well I had my ticket reduced to 15 over today so I didn't lose any points. I was kind of disappointed with the procedure though. I waited for almost two hours before my name was called. I went into the little room and started to tell my story when I was told "sorry to interupt you but we are backed up today, will you plead guilty to 15 over and no points or do you want to take this to trial." I never did finish my story. What a big waste of time for everybody involved. I then had to wait another hour to plead guilty in front of the Justice of the Peace. Funny thing though, while talking to 3 other people they all got tickets from the same officer for passing him because he moved over to the right side of the road. Strange eh. I now know for sure he suckered me in and I now believe I ran into one of the bad police officers people here about. Still I was wrong and I did learn from it. :shock:


If your talked before trial, you should have changed your plea. If the officer was behaving as you described, then you could have called the other 3 drivers as character witnesses against the officer.........I wonder how backed up the court really was?

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PostPosted: Tue Aug 11, 2009 2:16 pm 
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Reflections wrote:
. If the officer was behaving as you described, then you could have called the other 3 drivers as character witnesses against the officer.........I wonder how backed up the court really was?


Yes, your Worship, would like to add 3 witnesses, who also at different times caught up to and passed a police car :shock: :shock:

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PostPosted: Tue Aug 11, 2009 8:58 pm 
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hwybear wrote:
Reflections wrote:
. If the officer was behaving as you described, then you could have called the other 3 drivers as character witnesses against the officer.........I wonder how backed up the court really was?


Yes, your Worship, would like to add 3 witnesses, who also at different times caught up to and passed a police car :shock: :shock:



Yes, your Worship a police car moving below the speed limit and close to the shoulder........

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PostPosted: Tue Aug 11, 2009 9:51 pm 
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Reflections wrote:
hwybear wrote:
Reflections wrote:
. If the officer was behaving as you described, then you could have called the other 3 drivers as character witnesses against the officer.........I wonder how backed up the court really was?


Yes, your Worship, would like to add 3 witnesses, who also at different times caught up to and passed a police car :shock: :shock:



Yes, your Worship a police car moving below the speed limit and close to the shoulder........


still travelling within its marked lane and leading by example and not going above the MAXIMUM posted speed limit.

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PostPosted: Wed Aug 12, 2009 7:15 am 
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Getting rid of the quote trail..............


Every day on the roads I am and witness others slightly above the PSL..... it is a normal thing in Ontario. If any car is doing less either the driver is new, is looking for something or is unfamiliar with the roads. Flow of traffic is that flow, not an unnatural bottle neck caused by someone using the road for their own purposes. Speeding and slow driving are both hazards in their own right.

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PostPosted: Wed Aug 12, 2009 7:35 am 
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That oversized dark-coloured sedan on a two-lane country road, that can't seem to maintain a consistent speed, and that pulls over to the right as if to let you pass, is probably being driven by somebody on a cell phone or an old guy trying to remember why he's out there, but be careful. Do look for antennas, but I'm not even certain that lack of them is conclusive. Sometimes you have to dawdle along for quite a while before they realize you're not going to bite and either speed away or definitively pull off the road. One officer waved to me from the shoulder (in salute, not as in "come here") as he finally let me by. I thought that was sporting of him. It's not like patrolling the 401 -- not much happens out here in the boonies.


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PostPosted: Wed Aug 12, 2009 8:50 am 
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booo booo ... I liked the trail, seemed we were going at a nice even pace(maybe even a flow)....and BAM...someone tried to pass on a thread :shock: gotcha :wink: :D

I will speak specific to the 2 lanes that I work on, are quite heavy and we have poor drivers (passing groups of cars, cutting in at last moment) and collisions with injuries. A probably 5% at 80km, 75% drive at 85km, 10% 85-95km, remainding 10% above that. The difference in time from one town to the city is 4 minutes (with a 20km speed difference). The town has 2 stoplights and a stop sign as you enter, the city has about 10 traffic lights....so the 4 minutes someone might save is always gone!!

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