115km in an 80km

badchef
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115km in an 80km

by: badchef on
Thu Apr 21, 2011 12:59 pm

I have chosen option #3 on my tickets, yes two!! From the same stop. #1 speeding - 115km in an 80km $270.00, #2 expired validation sticker $110.00

I was driving on hwy #62 in Prince Edward County, had just pulled on to the hwy from County Road #1, driving north towards Belleville. I accelerated to hwy speed, actually 90km on the posted 80km hwy. After about a kilometer I passed a vehicle, my passing speed was 117km/hr. Once I successfully cleared the vehicle I merged back into my lane and decelerated to 90 km/hr.

I see ahead of me ( 500 + metres) an unmarked OPP cruiser travelling in the same direction as I and at approximately the same speed, 90km/hr. I continue along the hwy for 3 kilometers when I come to an intersection of county road #4, a side road. I see a vehicle stopped at the intersection on the side road waiting to pull on to the hwy. The unmarked cruiser clears the intersection, I come up to the intersection still about 300 m away when the vehicle pulls out onto the hwy infront of me. In the moment of decision making I deemed that I would not be able to slow safely enough to avoid the vehicle that pulled out infront of me so I pushed the accelerator, sped to 115km/hr and passed the vehicle. I merged back into my lane and decelerated to 90 km/h.

About a kilometer later I closer approach the cruiser as it had slowed do to traffic. I followed the cruiser at least 5-6 car lenghts behind. The cruising speed we were ALL traveling was 85km/hr. I see the cruiser weave to centre line and officers head lien as if trying to see down the hwy for on-coming traffic. Then cruiser signals to pass the vehicle ahead and the cruiser sped off and passed. It would be my untrained eye that estimated the passing speed of the cruiser to be well above 100km/hr. About a kilometer later I had a clear chance to pass the velicle that the cruiser had passed and so I did then again decelerate to 90km/hr. About 2 kilometers later I near the cruiser again as it had slowed for more traffic. We are all travelling at 80km/hr now with at least 5-6 vehicles ahead. Shortly after this the cruiser signaled right, slowed then pulled over on the shoulder. As soon as I passed the cruiser the lights were activated and pulled back on to the hwy behind me. I signaled, slowed and pulled over. This scenario transpired in a stretch of 9 kilometers.

The officer came to my driver window, asked for license and registration. I already had my license in my hand, passed it to him. Then I looked for the registration, while doing so the officer told me of my speeding near County road #1 (117km/hr) and County road #4, at the intersection where the car pulled out in front on me (115km/hr)-officer's words. The officer seemed impatient at me trying to find the registration, told me he'll get it later. Before he returned to his cruiser he asked me if I was in a hurry. Of course my reply was no!!

Literally 25 minutes later the officer returns, I passed him the registration that I finally found he looks at it then passes it back. Then he hands me the 115km/hr speeding ticket and then the $110.00 ticket for the expired validation sticker.

OK, sure....the car is registered in my wife's name! This traffic stop occured on March 19, 2011, her birthday is March 10. So the validation was expired for all of 9 days! (In passed I have been given warnings well over a month expired).

I had been very civil & polite with the officer, actually barely said a word, until he hands me the validation fine. As the officer leaves he tells me to 'slow' down.....my reply was 'I was only following YOU!'. Then he told me that he was 'targeting' me. Then I asked him why he did not charge the driver of the vehicle that had pulled out in front of me with impeding the flow of traffic. The officer just shrugged his shoulders and left.

So......after reading numerous posts here I learn that speeding is speeding, regardless of passing etc.

Questions:

1. What should be the next course of action by me? My court date is in July.
2. What are the chances of beating the validation fine since it is my wife's car?
3. I was literally following the cruiser and did noting the officer didn't, I know lame excuse but the cop was speeding too!

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Decatur
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by: Decatur on
Thu Apr 21, 2011 5:51 pm

1. Request disclosure for both offences
2. Chances are slim to nil in beating the validation fine. Doesn't matter who the owner is. It's the drivers responsibility to make sure that the plates are valid. You can be charged any time after they expire. Any warnings are a bonus.
3. There is an exemption under the HTA for speeding:

128(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,
(a) a fire department vehicle while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call;
(b) a police department vehicle being used in the lawful performance of a police officer’s duties; or
(c) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation. R.S.O. 1990, c. H.8, s. 128 (13); 2009, c. 5, s. 40.


badchef
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by: badchef on
Thu Apr 21, 2011 6:29 pm

Thanks Decatur

Not sure if I get my head around;

128 (13) (b). a police department vehicle being used in the lawful performance of a police officer’s duties; or

Does routine highway patrol constitute 'lawful performance of a police officer's duties', allowing an officer to drive beyond the posted limit at any given time or whim?


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by: Reflections on
Thu Apr 21, 2011 8:04 pm

badchef wrote:Thanks Decatur

Not sure if I get my head around;

128 (13) (b). a police department vehicle being used in the lawful performance of a police officer’s duties; or

Does routine highway patrol constitute 'lawful performance of a police officer's duties', allowing an officer to drive beyond the posted limit at any given time or whim?
Read the red text as, on the way to a call or persuing speeders.......... This will not apply to you.

choose option 3 and go to court, you may get a deal or the officer might not show up....... those are about all the options you have.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


badchef
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by: badchef on
Thu Apr 21, 2011 8:59 pm

Thanks Refections;

that's crystal now....lol! i didn't think police had carte blanche but one never really knows!!!

Another tid bit I for got to mention, I believe there may have been an 'officer in training' or something. There was a second cop present, which is rather usual in a rural area and with the state of economic budgets and all. I guess I'll find out via discovery.

On a note of discovery.....where would one send a request? From the prosecutors office or provincial offences office?

Thanks


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by: Radar Identified on
Sat Apr 23, 2011 6:01 pm

Send your disclosure request to the Prosecutor's office where the trial will be held. We have a form that you can tailor to your situation. Check out the "Courts and Procedures" section of this website and look for the thread dealing with Disclosure Requests.
* 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


badchef
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by: badchef on
Thu Jul 07, 2011 12:40 pm

My court date is tomorrow Friday July 8.....after numerous requests for disclosure I finally receive it yesterday!

Question to articles of traffic act....what is
5759520 a
5759521 a....with 7(1)

thanks


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by: Stanton on
Thu Jul 07, 2011 5:22 pm

badchef wrote:Question to articles of traffic act....what is
5759520 a
5759521 a....with 7(1)
Where are you getting those numbers from? I'm not sure what you mean by articles.

Section 7(1)(a) covers expired validations stickers. Section 128 would cover speeding.

If those numbers are the giant ones at the top of the ticket, they simply refer to the ticket number. They have no meaning other then to keep track of the ticket.


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