Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

133 in posted 100 km / hr zone 401 heading EB
Author Message
PostPosted: Mon Sep 25, 2017 7:03 pm 
Offline
Newbie

Joined: Mon Sep 25, 2017 5:10 pm
Posts: 1
I was charged with speeding at 133 km/h in June 2017 on the 401 heading eastbound towards Montreal.
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?


Top
 Profile  
 
Re: 133 in posted 100 km / hr zone 401 heading EB
PostPosted: Mon Sep 25, 2017 8:58 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1045
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.


Top
 Profile  
 
Re: 133 in posted 100 km / hr zone 401 heading EB
PostPosted: Tue Sep 26, 2017 12:25 am 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 271
+1


Top
 Profile  
 
Re: 133 in posted 100 km / hr zone 401 heading EB
PostPosted: Tue Sep 26, 2017 8:48 pm 
Offline
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 788
+ 2

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. speeding in brockville ON - 133 in a 100 zone on the 401

paradigm

3

2849

Tue Apr 19, 2011 8:51 pm

Stanton View the latest post

There are no new unread posts for this topic. Attachment(s) 145KM/HR IN 100 POSTED HWY 401

smotwani

13

1280

Tue Feb 10, 2015 7:56 pm

Decatur View the latest post

There are no new unread posts for this topic. 136 in 100 zone (401) was only going 120.

Jones

1

1280

Sat Jun 19, 2010 11:30 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Hwy 401 - 171 km/h in a 100 zone

Radar Identified

2

1723

Tue Feb 15, 2011 8:57 am

Radar Identified View the latest post

There are no new unread posts for this topic. 130km/h in 100 zone on 401, possibly no radar

Gathax

13

1036

Wed May 25, 2016 11:02 am

Gathax View the latest post

There are no new unread posts for this topic. Speeding @ 129 in a 100 zone, Hwy 401 Chatham-Kent area

madtkboy

10

3782

Fri Aug 09, 2013 4:25 pm

salem2210 View the latest post

There are no new unread posts for this topic. Charged 90km in a posted 70km zone, actually 90 Zone

northernhighways

1

712

Fri Jun 13, 2014 1:01 am

Stanton View the latest post

There are no new unread posts for this topic. 135 on 100- 401 near whitby ON

medotaco

2

1217

Tue May 31, 2011 10:16 am

medotaco View the latest post

There are no new unread posts for this topic. Speeding 155 in 100 (401 WB)

apexmage

4

1844

Fri Dec 05, 2014 12:43 am

apexmage View the latest post

There are no new unread posts for this topic. 112 km/h in a posted 80 zone

KTales

4

764

Tue Apr 20, 2010 11:47 am

Traffic Law View the latest post

There are no new unread posts for this topic. 121 km/h in a posted 90km/h zone

miniryu

1

838

Fri Feb 19, 2010 2:07 am

Reflections View the latest post

There are no new unread posts for this topic. 100kph in a posted 80kph zone

Driver Jason

6

1858

Fri Mar 09, 2012 7:04 pm

Stanton View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.