87 km/h on 60km/h Road

marvellousmitul
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87 km/h on 60km/h Road

by: marvellousmitul on
Mon Jun 22, 2015 1:51 pm

Hello

I want to ask what can i Do for getting over speeding

Thing happened was :

I was in middle lane and i need to take right lane. Right lane had an huge Transportation trailer. speed limit was 60km/h, but i need to take right lane as Signal light was 300meters away and at intersection i need to take right turn.

So i speedup a bit, an it was down hill road so might it got little over than 70km/h as i need to take right lane in front of transportation trailer. But as per rules i have to keep safe distance between an 60km/h running trailer and my car i might have speed up to 70 and because of downhill it might touch 80km/h, in front of downhill road Cop was with speed gun and he found me overspeeding at 87km/h ast the road of 60km/h.

He didnt let me ask anything or cant please him without understanding my driving situation he just took my Driving license and Car documentations and told me to wait. after that he just gave me ticket of 135$ for over speeding with 3 demerit points and told me To pay FINE or FIGHT at below address within 15 days.

He didnt gave me time to explain myself. This happened on Steeles right between Islington towards Ormont. North York.


Please give me some suggestions and argument to prove myself in front of judge, This is my first Offence in Driving History and I am 25 at age was driving my Mercedes GLK 350.


iFly55
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by: iFly55 on
Mon Jun 22, 2015 3:14 pm

Speeding is an absolute liability offence, the courts are only interested in whether you were speeding and by how much. Why you were speeding is not relevant unless it was a life/death circumstance.

Instead of waiting behind the transport truck for an additional 300m, you went +27km/hr in order to overtake the truck within a distance of 300m?

If the truck was travelling at the speed limit for 300m, it would have taken you 18s to follow the truck in the right lane and make the right turn.

Legally you don't have a leg to stand on with the argument you were overtaking a vehicle going at the speed limit by going +27km/hr. The courts will stress you had safe and legal alternatives to speeding. The side of the road is not a court room, there's no requirement for the officer to hear your explanation.

I recommend filing the ticket for trial, once you get your notice of trial with the trial date; request disclosure: officer's notes and a copy of the manual for speed measuring device: http://www.ontariohighwaytrafficact.com/topic2959.html

After reviewing his notes, you can decide whether you're going to plea-deal or proceed to trial.


jsherk
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by: jsherk on
Mon Jun 22, 2015 4:30 pm

For speeding tickets, the courts do not care about why you were speeding (unless your life was in danger). If you say "I was speeding but..." or "I was speeding because..." they don't care and you will be found guilty. I would suggest that your life was not in danger in your particular case from what you describe.

Best thing you can do is choose the NOT GUILTY option for a TRIAL with the OFFICER PRESENT then once you get your court date, request DISCLOSURE (officers notes) then decide if you want to fight it or not.

Maybe read this too:
http://www.ontariohighwaytrafficact.com/topic7039.html
+++ This is not legal advice, only my opinion +++


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