136Kph in a 100Kph Need HELP! Advice

Krynge
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136Kph in a 100Kph Need HELP! Advice

by: Krynge on
Mon Aug 15, 2011 12:18 pm

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!


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by: Reflections on
Tue Aug 16, 2011 7:18 am

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




Krynge
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by: Krynge on
Wed Aug 24, 2011 1:37 pm

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,


Stanton
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by: Stanton on
Wed Aug 24, 2011 2:19 pm

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.


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