A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
gramada2
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Re: 90 In 70 Zone Reduced To 80-fight Or Not

by: gramada2 on

You are absolutely right the OHTA is the only legal document. I was pointing to the manual because of the visualization provided there . It is easier to understand the OHTA and this is the book according to which the signs are posted. That is the guideline for the traffic department where to install the signs. You have to agree to that when there is a major intersection with 5-10000 cars going into each direction you can not ignore that volume of traffic not knowing the speed limit and not posting a sign on each direction. Otherwise the speed goes automatically to the default speed. But you probably know these things much better than me.

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by: Stanton on

I dont disagree whatsoever that signage should follow the OTM when possible. Not only does it help promote safety and consistency, but it also helps create a better sense of fairness in traffic enforcement. The only reason Im being picky in pointing out its relevancy in Court is clarity. I dont want someone preparing their defence under the mistaken belief theyll get off if the signage isn't to OTM standards.

gramada2
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by: gramada2 on

By the way it turns out that even the 900m requirements is not met. From sign to the next sign is 1200m , so one sign is missing in between.

The traffic workers measured the distance. So at the end they installed the missing sign :) All i am saying here is documented in the works department.

But so what, i got convicted anyway with sign or no sign.

Now preparing the appeal again.

worldcup2014
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by: worldcup2014 on

gramada2 wrote: Also submitted the city road map report with the roads categories and speed limits and it was totally ignored by the Justice(what a joke). The road was listed as category B and speed limit 80 outside urban area-the Justice accepted the prosecutions statement that in the city speed limit is 50km/h just by saying so.

Where did you get the city road map report with the speed limits on it?

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by: iFly55 on

worldcup2014 wrote:
gramada2 wrote: Also submitted the city road map report with the roads categories and speed limits and it was totally ignored by the Justice(what a joke). The road was listed as category B and speed limit 80 outside urban area-the Justice accepted the prosecutions statement that in the city speed limit is 50km/h just by saying so.

Where did you get the city road map report with the speed limits on it?

It's all public information, you can request for it through city hall.

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by: iFly55 on

worldcup2014 wrote:
iFly55 wrote:It's all public information, you can request for it through city hall.

What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form?


Thank you iFly55!

Even if you call 311, they'll re-direct you to the appropriate department. It's free, they'll most likely send it to you via e-mail. You don't need an FOIR form.

gramada2
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by: gramada2 on

worldcup2014 wrote:
iFly55 wrote:It's all public information, you can request for it through city hall.

What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form?


Thank you iFly55!

I went to the Works or traffic department. They are not happy at all to provide the information.

I needed a simple letter 2 pages with the signs and distances. First they asked me to pay 70$/h to write the letter.Later reduced to 50$/h and finally on pick up they asked me to pay flat 70$ for the letter. What a crooks are the city workers.

Oh and there is no request form just verbal, so they can screw you around as in my case. I got the letter 2 days after the trial.

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by: gramada2 on

Its been awhile since the court saga is over and i feel i should post the outcome. The trial ended with conviction as expected. On the appeal everything was in my favor up to a point at the very end when the judge saw i have cost request. So the judge was kind of confused and decided to write the decision at a later date. So on that decision day first the prosecution had the turn to add things to the case. The prosecutor started with negotiating the amount of the cost but the judge very angry said he doesn't want to hear that. The prosecutor went silent and my turn came.i had nothing to say so the judge said only 2 words "appeal rejected" and handed me the bunch of papers with the written decision. I am not going to list all the b****t he had written. The next step was to go to the Appeal court for Ontario. To make the story short the decision was quite funny "there is a conflict and issue during the trial , my rights were violated but the case is not of a public importance" so good luck ! That is a funny law - a citizen's rights are violated, the law is violated but the Judge decides that it is not of a public importance. So the Judge has rights to overrule the Constitution -how democratic country! Good luck to all you guys who decide to fight a traffic ticket!

gramada2
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by: gramada2 on

iFly55 wrote:
worldcup2014 wrote:
iFly55 wrote:It's all public information, you can request for it through city hall.

What department should I ask? Is it free? Do they get you a copy immediately? Do you need to fill out a Freedom of Information Request Form?


Thank you iFly55!

Even if you call 311, they'll re-direct you to the appropriate department. It's free, they'll most likely send it to you via e-mail. You don't need an FOIR form.


Not free in Durham region. First they asked 70$/h ????? After few days reduced to 50$/h and when i picked up the letter i had to pay 70$ .

How they are going to measure how many hours takes to write the letter you can only guess.

And the best thing is that there is nowhere to complain.

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by: iFly55 on

In York region the cost was free, I sent in my request on Apr 2013 and received the plan & profile information on Sep 2013. Unfortunately for me, the details also came too late and well after my trial.


Can you appeal to the Superior Court of Justice or the Supreme Court?

gramada2
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by: gramada2 on

iFly55 wrote:In York region the cost was free, I sent in my request on Apr 2013 and received the plan & profile information on Sep 2013. Unfortunately for me, the details also came too late and well after my trial.


Can you appeal to the Superior Court of Justice or the Supreme Court?


It depends if the decision is from provincial offenses court then go to the Court of Justice in the same area.Forget the Supreme court-it is a long way to get there. I can see the trial was in 2013-then it is over. Better luck next time hopefully never again.

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