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92km/h in a posted 60
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PostPosted: Sat May 22, 2010 2:52 am 
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Location: Barrie, ON
Okay, 32 over.. Highway 89 heading to work at Honda in Alliston (I'm only 18 I'm a student there) set fine of $192.00, total payable $232.00, everything on the ticket is correct.

The officer mentioned something about how I should choose to go to court and I wont actually go to court and they will just knock it down and he has "never seen anybody walk out unhappy." and basically said not to pay it out right.

The set-up, from what I can recall, hwy 89 is for the most part a 80km/h road.. I was travelling around 91km/h (I like to stay around 91 for some odd reason) the road is SINGLE LANE and there was traffic. There was a car in front of me and a car behind me, both travelling virtually the same speed as me, we all entered the 60km/h construction zone, which I was unaware of, on a slight incline the police car was viewable with his lights already on, so I'm not sure where I was when he radar'd me.. Possibly in the 80 zone still, but I would have to go back there and try to figure that out..

I looked at the car with his lights on and as I passed him he made eye contact and pointed at me and mouthed "you." and pointed to the shoulder, the guy in front of me was close enough he made the mistake of pulling over.. Then he drove off relieved. I was completely picked out of the traffic, ALL of which were speeding..

In short:

-The speed limit was reduced to 60 from 80 and it WAS posted
-I'm not 100% sure how far back it began from where I was stopped, I should look into it
-I was travelling over 90 in the 60 zone..
-My record is clean besides parking over a sidewalk..
-I was following the flow of traffic (single lane)

ANOTHER quick question.. My girlfriends dad knows a lot of high up OPP people apparently so on first hearing of what happened he was quick to tell me that he would "take care of it" and he would look into getting it dropped.. IS this possible? If yes, how?

Thanks a lot. :cry:


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Re: 92km/h in a posted 60
PostPosted: Sat May 22, 2010 8:27 am 
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keenor wrote:
ANOTHER quick question.. My girlfriends dad knows a lot of high up OPP people apparently so on first hearing of what happened he was quick to tell me that he would "take care of it" and he would look into getting it dropped.. IS this possible? If yes, how?


That could be considered "obstruct justice" and I do not think any officer would want to be charged with that. Then Police Service Act charges on top. Certainly not worth it for someone else's misfortune.

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PostPosted: Sat May 22, 2010 1:00 pm 
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Location: Toronto
I'd say choose option 3 on the ticket and start the paperwork to fight it. If nothing else, you can always plea-bargain to a lower speed. Since you've got a reasonable driving record, you might luck out and be able to get 15 km/h over the limit for this particular offence.

If you really wanted to fight it outright in court, you certainly could do that, if you wanted. After you received your trial date, you could then make a disclosure request (ask for the officer's notes and the radar manual) and start setting up a defence.

Usually in these cases, though, a plea-bargain works best, unless the Crown goofs up the disclosure request or there's something missing from the officer's notes.

Keep us posted...

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PostPosted: Sat May 22, 2010 2:15 pm 
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Location: Barrie, ON
Yeah, I'll choose option 3 and request disclosure.

If something I requested wasn't included, can I wait till my court date, if the cop isn't there plead not guilty and walk, and if he is there I can postpone on their account because I wasn't provided full disclosure?

If I'm offered 15 over should I take it?


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PostPosted: Tue May 25, 2010 9:05 pm 
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If you don't get the stuff you ask for in disclosure, make another request. If that fails, then file a Notice of Constitutional Question to stay the charge. The JP would probably order an adjournment and charge the delay to the Crown, but it may work and you might get a stay. Just be forewarned, there are only two things you could realistically expect to get in disclosure for speeding:

- Officer's notes
- Radar/lidar manual (relevant parts only)

If you're offered 15 over, it's really your choice. I might be inclined to take the deal if I were in your shoes, but it would really depend on the circumstances.

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* 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


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PostPosted: Thu May 27, 2010 6:38 pm 
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Location: Barrie, ON
Okay thanks, I'd really like to be offered 15 over.

Also, the 60 sign is an orange temporary construction speed sign with an 80 sign right after it which looks like they threw a piece of black cloth over it..

Couldn't I say that and say at the time something was obstructing my view ofthe sign and with a single lane I simply continued to follow the flow of traffic? (I was.. and how am I to know if something was obstructing it at the time.. That's the point of obstructions, you can't see)

Also, is there any way to know if the cop's there or what? Like.. How does the process work, I want to take an offer of 15 over if it comes up, but I don't want to take it if the cops not there and I can get off free! :twisted:

THANKS!


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