Posted 100 km/h zone. Highway Traffic Act Sect 128.
1. To date, I have pleaded not guilty and requested for a trial. I have also asked for disclosure. My court date is scheduled for Nov 2017.
2. I called the prosecutor last week before receiving disclosure to see if the prosecutor would say anything interesting. Basically, he told me to ask for disclosure unless I want to plead guilty. I should go to court if you believe the officer has the wrong vehicle.
3. I received disclosure and here is the following info I have:
a) looks like my driving convictions dating back to 1995. 10 tickets. Last two tickets were 2012 and 2009, both were fail to come to a stop at intersection.
b) Officers notes:
Genesis II - select directional S/n g2s-29718, test at 0733hrs. working properly.
Stationary Hwy 401 at Cliffe Rd OP, obs veh EB at HRS, lone in passing lane, overtaking others, a silver Lexus 0/M Plate XXXX XXX,
ctivated RADAR in stationary mode, front antenna with the "fast" and "toward" filters engaged, steady lock of 133/100 as driver passed, pulled out, did not lose sight,
move to the right, affected stop, Driver ID via valid ON photocard D1 as over, PON issued. End of Tour test: 1810 hrs. (1810 hrs was written by hand...all other notes were typed.)
"If wasn't me - I was going 120" (was also hand written.. no other notes.)
I need help preparing my defense.
I honestly do not believe I was travelling at 131 km / hr. Basically, I was travelling about 110-120 on the passing lane when another vehicle "pushed/tailing" very close to me from behind. I pulled to the right lane to let him pass then moved backed to the passing lane because there were 3 cars in the right lane. Within minutes the sliver car that was pushing me from behind braked hard then went behind the lead car in the right lane (that lane had 3 cars - 4 including him). I thought he was exiting the next exit but was also suspicious there might be a cop. Anyway I did not think it was safe to break hard and go into the next lane causing more confusion. I looked at my speedometer and I was travelling noticeably below 120km/hr. If I was faster I would have seen it on my speedometer because the ring lights up orange if I go over 120 km / hr. It was not lit. I was in the passing lane when I passed the officer who was parked facing west bound in the middle of the east and west bound 401 hwy. There were 4 cars beside me on the right lane - I was slightly behind the lead car on the right lane.
My wife was with me because she was sitting in the passenger side as a witness. My teenage son was in back seat. My wife also agrees that it was strange that I was singled out since there were other cars I was travelling with. She assumes it was because we were in a Lexus.
As the officer was writing up the ticket, I took a picture of my car's trip monitor it read "average speed of 91 kms"
When he pulled me over he said I was the only car passing him at 133 km / hr. The officer also misquoted me because I said "It was not me. There was no way I was going over 120 km / hr" This was a busy long weekend and there were plenty of cars on the 401.
Any thoughts on my defense? or suggestions. Should I hire a paralegal?
mbuilder wrote:(1810 hrs was written by hand...all other notes were typed.)
That's normal. That would be an excerpt from his notes at the end of his shift.
mbuilder wrote:I honestly do not believe I was travelling at 131 km / hr. Basically, I was travelling about 110-120 on the passing lane...
Speeding is an absolute liability offense. You were either speeding or you weren't. You've already admitted guilt.
mbuilder wrote:Anyway I did not think it was safe to break hard and go into the next lane causing more confusion.
You put yourself in that situation by speeding. There's no argument for safety.
mbuilder wrote:My wife also agrees that it was strange that I was singled out since there were other cars I was travelling with. She assumes it was because we were in a Lexus.
I don't believe "I was singled out for driving a Lexus" is a defense.
mbuilder wrote:As the officer was writing up the ticket, I took a picture of my car's trip monitor it read "average speed of 91 kms"
This isn't proof of anything.
mbuilder wrote:Any thoughts on my defense? Should I hire a paralegal?
You haven't really provided any defense. If this is your strategy, you might as well take a reduced fine because your trial is going to go nowhere fast. Should you hire someone? Probably not worth it in this situation, but that's up to you.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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