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Ontario Highway Traffic Act

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106 km/h in a 70km/h zone...
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PostPosted: Wed May 20, 2009 11:31 am 
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First of all, thanks to all who have created and contribute to this site.

Last eve, while driving home from work, I am driving in the centre lane of a group of traffic heading north bound on Erin Mill Parkway...I am faster than some, slower than others...doing somewhere in the vicinity of 82 km/h...the joys of a heads up display. When all of a sudden, this cop is walking into the middle of traffic and pointing to me to pull over.

Okay, I pull down the side street as they are running a laser trap there, stop the car, throw on the 4-ways and await the officer.

He comes over and says the usual, "Do you know how fast you were going?" To which I reply "about 82km/h."

He informs me that he pegs me at 106km/h. Of which I reply, "Are you sure you got the right car? The Silver Acura ahead of me was going faster."

He doesn't say anything...

He asks me if I have had any tickets in the past two years, of which I reply, I do not believe so...I know I had a ticket in NY State 2 years ago, but I couldn't remember when...turn out it was June of 2007...yeah, lucky me!!! It was one of those haul you all over at once incidents and ticket everyone and sort it out in the courts if you believe you are innocent. I am not driving to NY State to fight the ticket.

He then asks for license, insurance and ownership...real pleasant kind of fellow...

He is in patrol car, gets out and then comes to share the good news of being ticketed for 106km/h in a 70km/h zone and 4 demerrit points. He is also kind enough to share that the ticket from NY State is still showing on my license, so now I have 7 demerrit points...3 from the NYS ticket and 4 from this one.

It is my intention to fight this in court, but realistically, is this a fightable situation?

Aside from the NYS ticket and this one, I haven't had a ticket since the early 90's...I learned my lesson then when I had a rash of at fault accidents and sent to Facility Insurance...

HELP!!!

Cheers all...


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PostPosted: Tue May 26, 2009 1:06 pm 
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BUMP...Anyone? Thoughts?


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PostPosted: Tue May 26, 2009 2:34 pm 
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Location: somewhere in traffic
If you are sure that you were doing 82 and with a heads-up display then it should not be that hard. Fight the ticket and ask for disclosure, see http://www.ticketcombat.com as far as disclosure requests go and make sure you ask to see the user manual for the Lidar gun used. Once you get your info the picture will be come clearer.

What colour of car do you drive?? This will make a difference, see http://www.radardetector.net/forums/guys-lidar-gol/ for Lidar gun testing results. It seems that black cars are harder to read then white, who'd a thunk it.

Good luck.

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PostPosted: Wed May 27, 2009 11:35 am 
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Were there multiple officers using the same lidar device or just one? This makes a difference (care and control of the device). If several officers were using the same device, did they each test it before and after each person was stopped? Did anything happen to the device during the time it was used by the other officers? If there were multiple officers, ask for their notes as well in your disclosure request. Also, was it daylight or night?

Take your own notes of the event, in particular the silver Acura. Other things like weather, amount of traffic, visibility, when you first saw the officer, etc., are important. The reason being that it gives you more credibility in court. When you get the disclosure package you will have an opportunity to see what the officer wrote down as well, as Reflections indicated. The lidar should have given him a speed and a distance; see if he wrote that down. There will, hopefully, be more information in there that can help you build a defence. The device itself is very accurate; but it has to be tested and used properly.

Reflections brings up a good point: the manual. From time to time, Prosecutors believe that they have no obligation to disclose any of the radar or lidar manual. This is grounds to quash the proceedings because of improper disclosure.


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PostPosted: Wed May 27, 2009 2:57 pm 
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Whoo hoo, I'm not R-dot anymore.....

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PostPosted: Thu Jun 11, 2009 2:03 pm 
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Reflections wrote:
If you are sure that you were doing 82 and with a heads-up display then it should not be that hard. Fight the ticket and ask for disclosure, see http://www.ticketcombat.com as far as disclosure requests go and make sure you ask to see the user manual for the Lidar gun used. Once you get your info the picture will be come clearer.

What colour of car do you drive?? This will make a difference, see http://www.radardetector.net/forums/guys-lidar-gol/ for Lidar gun testing results. It seems that black cars are harder to read then white, who'd a thunk it.

Good luck.


Sorry for the delay...I was in Europe for a two weeks...thanks for the reply!

Yes, I have a heads-up display and it was most definitely telling me I was going 82km/h.

Yes, there were two officers using the same lidar gun.

At present, I have X-copper filing for disclosure. Once I find the make/model of the gun, I will be researching it on my own.

And I drive a silver car...


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PostPosted: Thu Jun 11, 2009 5:41 pm 
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The reason I asked about colour is that it makes a difference in the ability of the LIDAR gun to get a reading. The darker the car the closer to the gun it has to be in order for the gun to register the speed. Go back to physics and remember that black absorbs almost all light and white reflects all light....that's not the only factor but it is a large part of it.

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PostPosted: Tue Apr 06, 2010 9:14 pm 
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Good evening all. Sorry I haven't posted earlier but X-Copper and I are having a long, protracted debate over the services or lack of services provided.
The agreement with X-Copper was started with one individual who left and then picked up by another individual who assured me all was set for the trial...I confirmed this through a number of e-mails wiht X-Copper.
The court date was set for January 20, 2010.
Even though I didn't need to be there as I was to have hired X-Copper for representation, I showed up to court because I did not know the process of Traffic Court.
The trial was for 1:30PM. There was no one there from X-Copper there to represent me and plead my case.
At about 1:50PM, a contracted agent from Traffic Paralegal Services, hired by X-Copper showed up at this time. He didn't even know the particulars of my file! I released him from his obligations as he could not properly nor was he prepared to properly represent me.
I ended up talking with the Crown and seeking my own reduction of 89kmh in a 70kmh zone...less points.
Fine...all done...never wish to experience this again.
Now, the issue I have, I am waiting for a refund or a partial refund from X-Copper for the less than stellar representation provided to me.
Am I wrong here? Did I or am I expecting representation that I was not entitled too?


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