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Ontario Highway Traffic Act

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81km/h in a 50km/h
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PostPosted: Tue Dec 24, 2013 2:43 am 
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Joined: Tue Dec 24, 2013 2:34 am
Posts: 2
Ill try to make this as clear and easy to read as possible:

- I was ticketed by an officer who had stopped on a median in rush hour traffic
- He was walking around the squad car in order to radar drivers from both directions at the same time.
- When I turned the corner it looked as if there was a stalled car and the was owner trying to survey it for possible damages.
- I sped up to switch to the farthest lane to avoid this possible accident and was pulled over.

I arranged a first attendance meeting but due to high volume I had the meeting over the phone. I was told that they would bring it down to 2 demerit points (saving me around $170) and change the speeding to a 'disobey sign' charge. After calling my insurance I found out that any conviction will increase my insurance 20% (roughly 1800 over 3 years).

Is there anyway to fight this in court citing his placement as cause for my actions, or should I just take the deal and save the $170.
Any help is appreciated!


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Re: 81km/h in a 50km/h
PostPosted: Tue Dec 24, 2013 10:42 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Trying to avoid a stalled car wouldn’t be a valid defence for speeding. It doesn’t mean you can’t fight the ticket, but you’d need to review disclosure and see if there’s another possible defence.


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Re: 81km/h in a 50km/h
PostPosted: Tue Dec 24, 2013 11:21 am 
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Joined: Tue Dec 24, 2013 2:34 am
Posts: 2
The officer's notes were just the radar readings from what I've been told.

I know the stalled car it isn't a valid defense, but I assumed that it was necessary to avoid harm (there was even a story a few weeks later of a student on the highway who got out to check his car after it stalled and ended up being struck and killed) so I feel like i did what should have been done. The person I spoke with on the phone made it seem like I have no chance and should just take the deal and be over with it, so I wanted to check if he was right or just trying to avoid the extra work of going to court.


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