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  [ 18 posts ]  Go to page Previous  1, 2
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Re: 136 on QEW Westbound near Gray's Rd
Author Message
PostPosted: Mon May 30, 2011 7:05 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
Radar Identified wrote:
nerd wrote:
You cannot be driving 136km/h and have any reasonable defense.


Incorrect. It is called "defence of necessity." If you or someone in the vehicle has a life-threatening emergency, that is a valid reason for speeding. It is a rare occurrence, but if the defendant is truthful, it is valid nonetheless. And defence of necessity is accepted by the courts. .


then should be considering asking a "emergency services person" for assistance...and who better to ask than the police who have you stopped. Police can also get EMS to the scene or send the EMS to a residence.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
Re: 136 on QEW Westbound near Gray's Rd
PostPosted: Mon May 30, 2011 8:01 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
nerd wrote:
It is the prosecutor's "job" to hear you say guilty, either to the original charge or a reduced or amended charge.


I disagree with that. Although a prosecutor's job description includes accepting please, prosecuting cases, and obtaining convictions they are quasi-ministers of justice, and as such their main goal is to seek justice. The doesn't necessarily equate to getting people to plead guilty. This is spelled out in the Crown Policy Manual which says that prosecutors should only seek a conviction if (1) there is a reasonable prospect of conviction, and (2) it is in the public interest. In other words, there may be many circumstances where the just result is for the prosecutor to withdraw and as a quasi-minister of justice, that is exactly what they will do.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Re: 136 on QEW Westbound near Gray's Rd
PostPosted: Mon May 30, 2011 11:30 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
hwybear wrote:
then should be considering asking a "emergency services person" for assistance...and who better to ask than the police who have you stopped. Police can also get EMS to the scene or send the EMS to a residence.


Should be the case, however, last year we had a cardiac surgeon stopped for speeding en route to save a heart attack victim. The officer held him at the roadside for 10 minutes, instead of deciding to issue the ticket (or summons) at a later point in time. The surgeon was carrying his credentials. While this technically does not exactly fall under "defence of necessity," it is close. The Prosecutor, after hearing the explanation, withdrew the charge and flatly stated to the public "it was not in the public interest to pursue the charge." The heart attack victim also spoke to the Prosecutor.

nerd wrote:
There may be technicalities, but most people need legal representation to explore technicalities. In my experience, even when details of the officer's notes were grossly incorrect when compared with the defendant's testemony, they were taken as an accurate account by the court nontheless.


Many people do need legal representation, however in a lot of cases the officer covered their bases and the defendant is left to plea-bargain to a lesser speed (unless the officer already reduced it). The difference? In that case, the paralegal/lawyer costs $200+ more to achieve the same outcome. Speeding is nowhere near as complex as, say, careless driving. And, many people have successfully represented themselves on minor charges. Ultimately, it comes down to what they want to do with the information they're given.

And yes, testimony doesn't work very well for defendants in speeding cases. Just about everyone gets up there and says, more or less, this:
"I'm familiar with that route, I know the police are there, I would not speed."
"I'm a careful driver, I don't go that fast."
"I looked at my speedometer and it was nowhere close to what the officer said."

Other cases... depends on how believable the defendant's testimony is.

nerd wrote:
It is the prosecutor's "job" to hear you say guilty, either to the original charge or a reduced or amended charge. In my opinion, it is not wise to plead not guilty to the original charge and go to trial without representation unless you know how to proceed.


All depends on the comfort level of the defendant, and how well informed they are.

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 18 posts ]  Go to page Previous  1, 2

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Gray Area in Photos, 0.7 seconds after yellow

mimoza

1

1542

Thu Sep 29, 2011 5:09 pm

Stanton View the latest post

There are no new unread posts for this topic. 176km/h on QEW

saveme101

1

1985

Sun Jun 05, 2011 1:08 pm

Stanton View the latest post

There are no new unread posts for this topic. Goat show on the QEW

Radar Identified

4

459

Wed Jul 29, 2009 7:04 pm

Radar Identified View the latest post

There are no new unread posts for this topic. 131 km/h in 100 km/h on QEW

s60intoronto

6

2147

Tue Aug 28, 2012 9:39 pm

ME AGAIN View the latest post

There are no new unread posts for this topic. 160km/h on the QEW Niagara going to Hamilton

[ Go to pageGo to page: 1, 2 ]

JayEmSee

18

5539

Sun Oct 17, 2010 6:33 pm

JayEmSee View the latest post

There are no new unread posts for this topic. did 171km/h in 100 zone on QEW please help.

xcire

13

3293

Sun Jan 02, 2011 5:58 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Attachment(s) Got ticket for going 129 km/h in QEW, any chance?

shariat

5

977

Mon Jul 22, 2013 4:59 am

bend View the latest post

There are no new unread posts for this topic. 403 - Upper Middle Rd / QEW Over Pass

tdrive2

0

1728

Wed May 06, 2009 8:30 pm

tdrive2 View the latest post

There are no new unread posts for this topic. Got ticket on QEW (130 in 100 zone) - HELP!!!

Cheekers

1

1101

Fri May 15, 2015 7:42 pm

iFly55 View the latest post

There are no new unread posts for this topic. Was clocked 153 km/h on QEW, cop reduced to 149

dolf2709

5

1341

Sat Jul 12, 2014 5:27 am

OPS Copper View the latest post

There are no new unread posts for this topic. 139 in a 100 QEW Wrong Info On Ticket Need Advice

vonivo

1

466

Fri Feb 19, 2016 9:32 am

jsherk View the latest post

There are no new unread posts for this topic. Need help on 136 (1)(A)

icsam2046

3

874

Wed Oct 28, 2009 5:12 pm

liveontheedge 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:  
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.