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Ontario Highway Traffic Act

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109 km/h in a 60 zone [Reduced from 110]
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PostPosted: Sun May 27, 2012 4:55 pm 
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Hello guys,

I was pulled over today for doing 110 km/h in a 60 zone according to the officer that pulled me over. I was going downhill and I pulled over as requested by the officer who was standing in the center lane and stopped the car before me to instruct me to pull over. He then came up to my window and accused me of doing 110 in a 60 and instructed me that he would impound my car and suspend my drivers license immediately. I chose to not say anything as he instructed me to take the keys out of the ignition. As I was taking the keys out, I pulled my window back up halfway which the officer took as an act of agression and resistance apparently and attempted to push the window back down but failed. He then told me to put my hands behind my head during which he attempted to restrain and choke me even though I was complying. He then forced me out of my vehicle and put my hands behind my back but then let me go and instructed me to follow him to his cruiser. He then told me that he would not impound my car and he would let me keep my driver's license by dropping the 110 km/h to a 109. He explained that he thought I was trying to escape by putting my window up. I explained that the car was already in park and that my intention was not to go anywhere. I then took the ticket and left. I believe that the officer's behaviour was unconstitutional and his misconduct was not necessary. I also understand that a charge of 30km/h and below 50 carries an application of 4 demerit points and the charge itself will increase my insurance. My record is clean and I was wondering how to proceed with this. Through some research through Google maps I found out that the stretch I was stopped in was a 70 km zone not a 60 as according to the officer. Should I request a first attendance meeting or outright fight it? Any advice would be appreciated. Oh, and I carry a G2 license.

Thank you.


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Sun May 27, 2012 6:43 pm 
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google streetview is most likely outdated, you should revisit that location in person and confirm it's 70kph and not 60kph

you can also verify with local by-laws, and find the history of that stretch of road's posted limits


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Sun May 27, 2012 6:48 pm 
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My main concern is if I decide to go to trial does the officer stating the wrong speed limit give me a chance to get the charge withdrawn?


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Wed May 30, 2012 11:31 am 
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After going back to the location I found that it was a 60k zone and a by-law had been passed 2 years ago to reduce it from a 70 to a 60. Any suggestions as to how I should proceed with this guys?


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Wed May 30, 2012 2:53 pm 
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i would go to the first attendance meeting to get an idea of what the prosecutor will offer, especially because you are a G2 driver and if this is your first offense

if all the stars align you could get a by-law disobey sign or even the HTA disobey sign carrying 2-demerit points, which is not so bad compared to a +49

or somehow get the speed reduced to +29kph so you don't get your license suspended for 30 days upon conviction

but i think the officer has already given you the most common plea-deal for a +50 which is +49

i understand your POV, if your car was getting towed/impounded you might roll up the windows before taking the key out; but you also have ample time from when you surrender the keys to your car actually getting on the hook to get the officer/tow to secure the windows

it might seem like an overreaction, but I guess he's had experience/protocols where drivers would roll up their windows and drive away


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Tue Jun 12, 2012 12:00 pm 
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Question, if OP goes to court, then the charge reverts back to stunt driving?


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Fri Jun 15, 2012 11:57 pm 
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I don't buy that the cop thought you were going to drive away unless he is a little slow.Reaching in and grabbing someone by the throat with the window half open is a good way to get killed if they do drive away.If you were leaving you would have already been gone.He lost his cool and gave you a break because it wasn't a smart move on his part.I would take the reduction and not push my luck if i were you.


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Sat Jun 16, 2012 10:23 pm 
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epcjay wrote:
Question, if OP goes to court, then the charge reverts back to stunt driving?


the officer has upto six months from the alleged-offense to issue a summons to charge the OP with Stunt Driving

charge will be amended to +50kph under s128 if he chooses to go to trial, which carries 6 demerit points


http://www.e-laws.gov.on.ca/html/statut ... .htm#BK103
Quote:
Limitation
76. (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.
http://www.ontariocourts.ca/ocj/files/setfines/one/schedule43.doc
Quote:
SCHEDULE B

HIGHWAY TRAFFIC ACT
SPEEDING

KILOMETRES SET FINE
a) 1-19 kilometres per hour over the maximum speed limit: $2.50 per kilometre
b) 20-29 kilometres per hour over the maximum speed limit: $3.75 per kilometre
c) 30-49 kilometres per hour over the maximum speed limit: $6.00 per kilometre
d) 50 kilometres per hour or more over the maximum speed limit: No out of court settlement


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Mon Jun 18, 2012 11:22 am 
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Does the charge get amended as soon as I decide to go to trial or does it get amended once the proceedings begin? I have decided to go with Option 3 to get some time to request and review the disclosure meanwhile.


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Mon Jun 18, 2012 9:31 pm 
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before the proceedings


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Mon Jun 18, 2012 10:50 pm 
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How soon before the proceedings? right after a person decides to go to trial or a couple of weeks before the actual trial?


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Tue Jun 19, 2012 12:57 am 
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it will only get amended when you plead "not guilty" during your arraignment; the prosecutor will then make a motion to amend the ticket


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Tue Jun 19, 2012 11:29 am 
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Ok, thank you for your help. I was concerned with it getting amended during the period before the trail.


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Tue Jun 19, 2012 3:10 pm 
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Also is there any other helpful information that might lead to the best deal at a first attendance meeting?


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Re: 109 km/h in a 60 zone [Reduced from 110]
PostPosted: Wed Nov 14, 2012 1:10 am 
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Hello guys,

If I were to plead guilty to the 49 over at trial assuming the crown does not offer a deal before trial, would the prosecutor still have the charge amended to to stunt or not?


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