124km/h in a 90 (Gardiner Expressway)

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Waterwings
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124km/h in a 90 (Gardiner Expressway)

by: Waterwings on
Wed Apr 11, 2012 10:26 am

Last October I was pulled over for this offense, I have received my court date and have processed my request for disclosure (have yet to receive it, filed 2 ½ weeks ago is it worth filing again? Court date is late May). I was driving home with my GF going down the DVP and merging onto the Gardiner. I have moved from the driving lane into the center passing lane to pass a slow moving vehicle. Did all my proper blind spot checks etc. upon moving into the new lane we both noticed an unmarked vehicle approaching at a high rate of speed, being late I was nervous as this could have been a drunk or kid in daddy’s car joy riding. Staying in 5th gear I proceed to speed up to quicken my passing of the slow moving vehicle to get back into the lane before this car got any closer, within seconds the car was right on my bumper (couldn’t see the headlights it was so close). This maneuvered seemed very dangerous to me considering the speeds of freeways, and as I completed my pass I moved back into the driving lane and was continued to be followed by this vehicle at which point it dawned on me that it must be a police officer. He continued to follow me until Ontario Place then pulled me over. He stated that he had recorded everything on his dash camera, but did not state the method in which my speed was measured (I’m assuming a digital read out on the camera, which was acquired through riding my bumper). My problem is that I speed up to get out of the way of a unmarked vehicle which was clearly approaching at a high rate of speed as I was concerned for the safety of myself and GF. I would like to know if the community here would have any insist or recommendations as to my defense. Also this is my first offence.

Thanks for the help!
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Radar Identified
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by: Radar Identified on
Thu Apr 12, 2012 8:55 pm

Really your best option is to go to the courthouse and choose the trial option. (Also file a Notice of Intent to Appear - you can print one off on-line and bring it, or they'll have one at the courthouse).

As far as the officer tailgating you, unfortunately that is not a defence to speeding. Although you may have done it for valid safety reasons, we're talking about how a court would view it.

After you get your trial date in the mail, you can make a request for disclosure of the evidence against you. (See "Courts and Procedure" section of this site.) We can help with a defence, if there appear to be errors in the officer's notes or some sort of problem with disclosure.

Generally with most speeding offences, because it's relatively easy to prove, a plea-bargain to a lesser speed is usually the outcome. But give it a shot and see what happens.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Waterwings
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by: Waterwings on
Tue May 08, 2012 11:15 am

I have put in two discloure requests (30 days apart by fax) and have yet to recieve anything. My court date is on the 23rd, what other options do I have to recieve proper disclosure before the court date. Am I not entitled to see the evidence against me before my court date? Any help would be appreciated. Thanks
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mnstrcck
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by: mnstrcck on
Tue May 08, 2012 2:36 pm

Non-disclosure can occur for many reasons, all of which are outside of your control. If you've made two requests by fax and can supply evidence via confirmation printouts, you have all the evidence you'd need to ask for an adjournment. The onus is on the Crown now. I'd wait until the trial date, and when it comes time to speak to the Prosecutor, introduce yourself [check-in] and then ask them if they have your disclosure. If they don't, ask for an adjournment unless they withdraw the charges. If they do, seek an adjournment on reasons of late disclosure and an inability to, as a result, prepare a full answer and defence.

Do not accept a recess or time on the day of trial to review it. That's unfair to you, and against the fundamental pillars of the judicial process.

TL:DR; Don't worry, the ball is in their court.
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Waterwings
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by: Waterwings on
Wed May 09, 2012 10:25 am

Thanks for the information, ironically I just got a call saying it is available for pick up. Am I allowed to send someone on my behalf to get it? I really don't want to have to take off an additional day of work to go down and grab it.

Thanks again.
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Stanton
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by: Stanton on
Fri May 11, 2012 10:16 am

The notes are surprisingly clear compared to most that need to be deciphered.

- Followed from Bloor Street on-ramp to southbound Don Valley Parkway.
- Gets on westbound ???
- In lane 2, speeds up to 124 km/hr
- Locked front antenna (meaning your speed was obtained with radar)
- At time of reading, officer's speed was 110 km/hr, at a distance of 100 meters behind you.
- Stopped at Dufferin Street
- Identified with Ontario driver's licence
- No record (likely referring to your driving history)

The only thing that quickly jumps out at me, is that there's no record of testing the radar. It needs to be tested at the start and end of every shift. It may simply be that the notes are recorded elsewhere, but if they're not that's a good way to raise reasonable doubt.
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by: Radar Identified on
Fri May 11, 2012 2:50 pm

The notes on testing may or may not be required, depending on the officer's "usual practice." If the officer doesn't usually do traffic enforcement, then the testing times are required. They have to note that the device is tested before and after the stop in that case (could be beginning and end of shift). Then again, you might get a JP that's a little more sympathetic and agree that in all cases the times are required.

I might be inclined to look for a plea-bargain here, given that you have "no record."
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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