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  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

136Kph in a 100Kph Need HELP! Advice
Author Message
PostPosted: Mon Aug 15, 2011 12:18 pm 
Offline
Newbie

Joined: Mon Aug 15, 2011 10:22 am
Posts: 5
Hey all,
My first time on here and hoping someone can provide me with some advise on this. I was driving home from a long drive from Washington D.C. and it was 3am, pitch black and I pull off at a rest stop to get a Timmies. Upon getting back on the highway I pulled into the left lane and was just getting up to the flow of traffic and all that and I saw I passed two cars sitting facing me in the gravel laneway between the west and eastbound lanes. I did not look at how fast I was going but I saw them pull out. There was multiple cars on the road and they came up behind me (I was in the right hand lane by this point). I pulled over and got told he "clocked" me at 136.

My questions is what to do about this?? I am a 30 year old with a clean record and the officer was very rude and did not explain anything. On top of all this I am wondering how they could see that it was me for sure that they were checking with the Radar and I have to question how they pulled onto the highway (making a u-turn!), could they not have lost sight of the vehicle they were checking and pulled me over instead?? I don't think I was going that fast but I guess it's just my word against his and I would never win that fight.


Please Help! What do I do next? I see people ask for the officers notes. Should I do this or just seek legal help? Or am I just plain S.O.L??

Thanks in advance!


Top
 Profile  
 
Re: 136Kph in a 100Kph Need HELP!\Advice
PostPosted: Tue Aug 16, 2011 7:18 am 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
If this happened close to your home I would suggest you select option #3, which is the trial option. After you get your court date you can then request disclosure and or first attendance. In your disclosure request, you can ask for a copy of the officer's notes, which is the bulk of the evidence against you. Review the notes and look for discrepencies..... plan your defense from there.
If this was not close enough to your home, i.e. going to court would be a pain in your butt, you can still do the above and then contact a paralegal, to see about representation, you can fill out the form at the bottom of any of these pages. You have plenty of options just choose the one that is best for you. You can always come back here and update us or ask more questions. Good luck.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Re: 136Kph in a 100Kph Need HELP!\Advice
PostPosted: Tue Aug 16, 2011 12:47 pm 
Offline
Newbie

Joined: Mon Aug 15, 2011 10:22 am
Posts: 5
Alright, Thanks for the quick response. I'll do that as it's only an hour from my house. I'll post back when I get more information. Thank you!

Cheers


Top
 Profile  
 
Re: 136Kph in a 100Kph Need HELP! Advice
PostPosted: Wed Aug 24, 2011 1:37 pm 
Offline
Newbie

Joined: Mon Aug 15, 2011 10:22 am
Posts: 5
Alright, I got another question. I see on my ticket the "Set fine" is $216.00 and the total payable is $271.00. Now under the Highway Traffic Act Sec 128 (which the ticket states) subsec 14 states:

"Penalty
(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,
(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and
(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7)."


So, $7 x 36KP\h = $252.00 Where did the $216.00 come from??? I have read through the Act and can not come up with a calculation that works with this. If there is a mistake on the ticket does that prove that there is a chance that he got the wrong car? Does this give me more reason to go and fight this ticket? From what I understand reading the ticket and the fine are conflicting.

Thanks in advance for the responses!

Cheers,


Top
 Profile  
 
Re: 136Kph in a 100Kph Need HELP! Advice
PostPosted: Wed Aug 24, 2011 2:19 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Speeding tickets are a little confusing because the fines listed in the HTA are different from the set fines used by police. For 30-49 over, the set fine is $6 per km/hr over the limit, so your ticket is correct. The higher fines in the HTA are to be used by JP's in Court if you're convicted at trial, etc.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 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. Help! My trial is tomorrow. Speeding 136kph in a posted 100k

fairsfair07

0

762

Tue Jan 03, 2012 3:28 pm

fairsfair07 View the latest post

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

Driver Jason

6

1913

Fri Mar 09, 2012 7:04 pm

Stanton View the latest post

There are no new unread posts for this topic. Did 116 kph on 100kph limit on 401

delazoul

11

1479

Thu Dec 01, 2011 9:15 pm

matt123 View the latest post

There are no new unread posts for this topic. Advice, please!

roger101

10

1799

Thu Jul 10, 2008 3:58 pm

admin View the latest post

There are no new unread posts for this topic. Some advice please?

Flyboy099

1

485

Mon Aug 29, 2011 3:49 pm

Stanton View the latest post

There are no new unread posts for this topic. Need some advice!!!!

TG416

2

522

Wed Apr 18, 2012 5:40 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Not sure what to do, looking for advice

RTRob72

2

507

Sun Mar 24, 2013 8:25 pm

RTRob72 View the latest post

There are no new unread posts for this topic. Any advice?

[ Go to pageGo to page: 1, 2 ]

cpcpcp

15

416

Tue Aug 16, 2016 10:07 am

jsherk View the latest post

There are no new unread posts for this topic. Could use some advice

jale

0

414

Mon May 01, 2017 1:58 am

jale View the latest post

There are no new unread posts for this topic. Just got a ticket - need some advice

momoney

1

1460

Mon Jun 30, 2008 6:27 pm

ticketcombat View the latest post

There are no new unread posts for this topic. Advice Needed

steve

11

1006

Thu Nov 11, 2010 10:28 pm

Traffic Law View the latest post

There are no new unread posts for this topic. Need some advice for my husband

Shells

1

432

Thu Nov 11, 2010 11:01 am

Simon Borys 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.