As the subject says the police are cherry picking coming down on a highway from Maryhill to Bloomingdale the speed limit is 80 and this is rural.
As you come into Bloomingdale you approach a hill as you go down the hill you pass the 50 km Begins sign. There is no warning sign at the speed limit is dropping by 30 km even though Ontario regulations specifically state 450 meters upstream there Has to be an advance warning when Dropping 20 km or more the office or tag me 70 in the 50. My question is is this entrapment the officer knows there’s no warning sign he picked up five other people while I was there
May I ask where you saw this?
It's always been my understanding that "speed ahead" signs aren't regulated under OTA Regulation 615. Therefore, they should be treated as a courtesy.
You may see things like Ontario Traffic Manuals that will give recommended suggestions on how to use such a sign, which municipalities will follow, but there isn't a legal requirement in the OTA for them.
That is unless I'm missing something...
It might be considered a "cheap ticket" around the water cooler, but it's not entrapment in a legal sense.
Never said HTA 615. Ontario regulations as well as municipal.
It’s manditory but non enforceable under the HTA.
Those aren't regulations. Those are guidelines from the Ontario Traffic Manual. "The purpose of the Ontario Traffic Manual (OTM) is to provide information and guidance for transportation practitioners."
Unless a certain guideline correlates to an actual regulation, its recommendations would be considered irrelevant. It's not legislation.
It wouldn't be a valid argument is all I'm saying.
Bend is correct, guidelines aren't law. They are merely recommendations and can easily be disregarded since they aren't enforceable. There is no legal requirement that prior notice of upcoming speed reductions must be given. The Ontario Traffic Manual is not a regulation, nor is it part of the HTA.
emtrapment only happens when the cop coerce you into commiting an offence. You speeding has nothing to do with cops so not entrapment.. Now if the cop was sitting beside you encouraging you to speed that would be different
So an update here. I was ticketed Dec 07 2020, requested a trial.
18 months later. (June 1, 2022) a date is set for Aug 9 2022 (20 months after the fact).
here is my issues
1. no early resolution
2 errors up the wazzu
(ticket says 70 in 50 zone but has a fine set amount of 65 in 50), court docket says 65 in a 50, officers statement says he fined me for 65 in a 50, again certificate of offence says 70 in a 50.
3. officer declares that he witnessed me passing the advance warning of speed reduction in his statement. However I have a letter from the regions Transportaion department confirming there in fact was no such sign, in fact they were glad I pointed it out as it would explain why motorists were still speeding as they entered the 50 zone.
4. right to a speedy trial 20 months for a trial and thats skipping the meeting with crown.
5. getting the runaround trying to enter evidence (video, photos and email)
any advice would be appreciated... 1 is the speed difference a fatal flaw (speed is 20 over but with a fine of 15) court file says 65 officer also but certificate of offence says 70
2 is no offer to meet with the crown a breach of judicial process?
3 how am i able to cross examin the officer about his statment on the sign if I can't face him in court to present evidence that contradicts his statement. (phone court)
4 evidence I have has been sitting since Jan 2021 was never able to file it because I had not court date.
Users browsing this forum: No registered users and 1 guest