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Ontario Highway Traffic Act

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98-70 zone
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PostPosted: Sat Apr 10, 2010 3:10 pm 
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Two weeks ago I was handed a speeding ticket in the Halton Region. 98 in a 70 zone. Here is what happend. I was coming up behind a car following the posted speed limit 70kms and noticed the driver kept drifting into the on coming lane and hitting the breaks for no reason which slowed his speed down. I looked more closer and noticed he was talking on his cell phone. He was going 60kms and I kept my distance as he kept drifting and hitting the breaks randomly. I decided to pass him and as I was about to swich into the lane he drifted again and cut me off so i pulled back behind him. I never use the horn but I felt it was needed as as I almost got side swipped and that he was doing something illegal and driving dangerously!! About a minute or two later I decided to try again and once I passed him and about to move back into the lane he accelerated and went ahead of me not allowing me to pass him. Then he suddenly slammed his breaks on and was behind me. I look ahead and see a police crusier with its light on. I wasent sure who he was pulling over so I just pulled over.

Once I saw the guy pass me and the crusier behind me I knew I was going to get hit with the guys speed as I was in the left lane. I know for a fact that I was not going over 10kms over the posted speed limit.

I had my Info ready as normal when the officer came to the window he told me he clocked me going 98 in a 70 zone. I was already in shockas i have three minor speeding convictions in the past. One about to expire this August and the other next June! last ticket I have obeying the posted speed limits and setting my cruise control when I can.

I have a speech impediment and it gets worse when I am under pressure. I told the officer if i can explain what happend and that I already have tickets under my belt and have been obeying the posted speed limits. I stated the guy I was passing was going below the posted speed limit and about to tell him what happend next when he said 'Ill be back'

Came back and handed me a ticket and told me. 'You have three tickets in the past and the guy was going 7 below the speedlimit' and left.

Im just sick to my stomach knowing it wasent me going that fast! He clocked ME going at his speed and him going at mine.

Fact is I cannot afford this ticket NEED to win this case. I am pleading not guilty and just have to sign the papers and hand them in this week. I want to get a paralegal but the one near me didnt do anything for my last ticket. Just kept delaying it.

What can I do and who should I go see!?


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PostPosted: Tue Apr 13, 2010 1:52 pm 
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The only way to start the process is to put in the paperwork to fight the ticket... request the trial option & file the notice to appear (which is what you're doing).

At that point, you've at least delayed the conviction going on your record. You could consider trying to plea bargain to 15-over, which would be zero demerit points. They may have a First Attendance option, if you want to resolve it early, although in some places you won't get much of a deal unless you show up on the day of trial and plea-bargain there.

When you get your trial date, you can make a disclosure request and see how the officer's notes look, and if the Crown gives you the relevant parts of the lidar manual. That's the standard way to get started, then you have to look at the evidence against you, and decide how you want to proceed.

The issue of "it wasn't me, it was the other guy who was speeding" is something the police and courts hear every day, often multiple times a day. You'd really need actual video evidence, or an independent witness, to prove it.

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* 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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PostPosted: Tue Apr 13, 2010 6:30 pm 
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Radar Identified wrote:
The only way to start the process is to put in the paperwork to fight the ticket... request the trial option & file the notice to appear (which is what you're doing).

At that point, you've at least delayed the conviction going on your record. You could consider trying to plea bargain to 15-over, which would be zero demerit points. They may have a First Attendance option, if you want to resolve it early, although in some places you won't get much of a deal unless you show up on the day of trial and plea-bargain there.

When you get your trial date, you can make a disclosure request and see how the officer's notes look, and if the Crown gives you the relevant parts of the lidar manual. That's the standard way to get started, then you have to look at the evidence against you, and decide how you want to proceed.

The issue of "it wasn't me, it was the other guy who was speeding" is something the police and courts hear every day, often multiple times a day. You'd really need actual video evidence, or an independent witness, to prove it.


yeah I understand that. Its the officers word against mine. this is why I want to try and hire the best Traffic help I can get as this ticket has to go so a plea bargain is no good for me... I will try and get the disclosure when i get my court date.


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