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123km/h in 80km/h Zone
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PostPosted: Mon Mar 05, 2012 8:16 pm 
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Joined: Mon Mar 05, 2012 7:41 pm
Posts: 2
Hey everyone,

So this past weekend, I drove to Peterborough from Ottawa via Hwy 7. Near Bellevile, I was behind two trucks with RV trailers, and they were both going 60KM/H, so I decided to pass them. An OPP SUV was going by me (didn't realize it was an OPP, since it was dark at the time) just after I passed them, and clocked me going 123KM/H. Now I'm a 19 year old university student and have never really had to deal with cops before, and was very nervous when he talked to me (moreso about how I'd pay the fine), so I didn't realize that he said I was going 123KM/H, when I'm almost positive that I never saw myself go over 110KM/H the entire trip. So he gave me the ticket, and told me he wasn't going to reduce it because I was going that fast, but suggested I take it to court, and there they would reduce it for me, if I didn't have much of a history. I've only received a 15KM/H over (in a 50 zone) speeding ticket back in July of 2010, btw.

Anyway, as I continued driving forward, I passed a zone where there's a sign above that tells you how fast you're going. I looked at my speedometer, and it said 50KM/H, yet the sign above said 60KM/H. I then realized that the GPS I was using was telling me the same thing. I'd also like to mention here that I payed $2000 for this car, which is a 2001 Volkswagen Passat station-wagon, and it has 287000KMs on it. Also, I bought this vehicle 4 months ago, and have not driven it more than 20KMs away from my house, as I use it to get to the park and bus lots. I mention all this in advance of those who will question why this problem was only just figured out.

Anyway, with all things above mentioned... what should I do (hire someone to deal with the case, claim faulty equipment, etc.), will I have any sort of a case with the problem I mentioned above with my car, what kind of reducing (if any) can I hope for when I go to court, and how badly do you think this will affect my insurance?

Thanks in advance,
SD


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Re: 123km/h in 80km/h Zone
PostPosted: Mon Mar 05, 2012 10:51 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
As speeding is an absolute liability offence, you can’t really use the faulty speedometer as a defence. The Courts basically just look at if you were speeding, not why.

If the fine is the main issue, talk with the Crown and see if they’ll offer you a plea to a reduced speed and/or fine (pretty much always will). If the conviction itself is the main issue, look at hiring a paralegal to represent you. You can also request disclosure (the officers notes and any evidence other against you) and review the case against you for weak points.

In terms of insurance, best to check with your provider. Two speeding tickets will most certainly result in at least a minor increase (10-20% range). Different companies have different thresholds however as to what they consider a minor versus major speeding ticket. Major convictions result in much more serious increases (possibly 50-100%) versus a minor ticket. Many providers consider 50 over to be major, but some have lower thresholds around 35 over.


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Re: 123km/h in 80km/h Zone
PostPosted: Mon Apr 09, 2012 2:03 am 
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Joined: Mon Mar 05, 2012 7:41 pm
Posts: 2
Sorry, what do you mean request disclosure? Forgive my ignorance, but how would this help my case?

Thanks


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