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Ontario Highway Traffic Act

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122 in 80 zone - hwy 15 leading to 401
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PostPosted: Tue Jul 07, 2009 9:28 pm 
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Joined: Tue Jul 07, 2009 9:18 pm
Posts: 4
Hi everyone,

Here is my story,

I was coming back from Canada Day festivities from ottawa and was on hwy 15 leading to 401.

It was pitch black and the hwy was deserted. (12:15 am jul2) There was the car in front of me and soon as i saw it i slowed to 90. The car pulled over and let me pass.

When i passed the car I was doing 80, and it was a cop car. As soon as I had passed the car the officer turned on the lights and pulled me over.

When i came to a stop the officer was blocking both lanes on the hwy and waited for another car which the officer also pulled over.

Long story short: ticketed for 122 in 80. I don't think I was doingthat speed. Esp when I saw the police officer.

I am opting for option 3 and asking for disclosure.

i've been driving since 16, am 24 now without a single ticket. Obviously i am scared about fighting my first ticket, but I'm going to try my best.

I dont mind paying the fine but I am scared of the insurance hike b/c of dermit points.


Please advice me on anything I should watch out for. Thank you


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PostPosted: Tue Jul 07, 2009 9:45 pm 
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Joined: Wed Jul 01, 2009 4:30 pm
Posts: 68
You're leaving Ottawa but what community were you in when you got the ticket?

Did the cop speak to you in both French and English?


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PostPosted: Tue Jul 07, 2009 10:21 pm 
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Joined: Tue Jul 07, 2009 9:18 pm
Posts: 4
thank you for your reply.

I was o HWY 15 going East and passed the sign stating that I was entering Kingston Ontario.

The Officer only spoke in English.

I'm attaching a copy of my ticket. I've removed my personal information as you never know who's reading online.

Image


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PostPosted: Tue Jul 07, 2009 11:20 pm 
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Joined: Wed Jul 01, 2009 4:30 pm
Posts: 68
Read my comments on the following link. They apply to you in your case.

http://www.ontariohighwaytrafficact.com/topic1183.html


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PostPosted: Wed Jul 08, 2009 10:34 am 
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Joined: Tue Jul 07, 2009 9:18 pm
Posts: 4
Thank you Lawman for thank link.

The officer only spoke in ENGLISH throughout the whole exchange. As you can see the offence notice is only completed in English. I have three witnesses who can attest that the officer spoke only in English.
I realize this is a shaky defense and would possibly infuriate the justice at my trial. I will however have it as an option.

As I mentioned in my original post, I was one of two cars pulled over. The officer fist let me pass, pulled me over and waited for the second car to pass and pulled him over. It was pitch black with no street lights. The Officer was ahead when speed measurement took place.

My car was a 99 Silver Honda Accord and the other car was a Silver VW Jetta. Both cars are similar in size and exactly the same colour. I have photograph of the other car pulled over, clearly showing the license plate.
Could I mount a defense on the possibility that the officer has mistaken my car for the other car. Before we were caught the Jetta was probably less than a minute behind me.

I guess I will have more information on how I was caught when I get my disclosure.

One curious note: Before the officer went back to write the ticket, she touched the hood of my car multiple times as if feeling for something. Any ideas why? I thought it was weird.
Thank you for all your help


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PostPosted: Mon Aug 24, 2009 9:04 am 
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Joined: Tue Jul 07, 2009 9:18 pm
Posts: 4
So I got my trial Date.

Sept 29, 2009

I guess there aren't many cases in brockville.

My next action is sending out my disclosure notice. Wonder how long will that take.


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