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Ontario Highway Traffic Act

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2 cars pulled over at same time?
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PostPosted: Mon Jul 06, 2009 2:07 pm 
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My friend and I were traveling north on Hwy 400 last week in two separate vehicles in convoy. I suppose we might have been speeding a bit, (the ticket was for 133km) but we certainly weren't in a rush or weaving through traffic, but probably just keeping up with the flow.

Somehow we both got pulled over at the same time, and I'm still puzzled how the officer was able to do this, if he was even legally allowed to do this.

It was dark at 10:30 at night. We were in the left lane and I was in the lead when I first saw the lights a few cars back, so I changed over to the right lane thinking the officer wanted to get past us. Then I thought perhaps my friend was being pulled over so I just kept driving. Next thing I see the lights behind me, so I pulled over and parked on the shoulder, but when I looked in my rear view, my friend's car was directly behind me and the cop behind him.

My friend told me the cop pulled up beside him and pointed to pull over, then he drove up to get me. When we all parked he then told my friend to pull up in front of his car.

He told both of us independently that he clocked us at 133, and followed us at 131. He gave us both the exact same tickets for 133. He didn't seem angry or anything like that, and we were extremely polite, so I was hoping for a little break. I was a bit surprised when he accusingly asked me what was on my dashboard, to which another junior officer that was now with him quickly told him it was just my satellite radio before I had a chance to respond. He was very quick to hand us the tickets and then claimed he had to go to a domestic problem which he rushed off to before we could ask any questions about the ticket.

Anyways...

My question is this. Can he technically get us both at the same time like that? Would he have been able to get independent evidence? I read this post (http://www.ontariohighwaytrafficact.com/topic1092.html) which was excellent and made me think perhaps we have a case since he got us both at the same time. I've asked my friend to tell me the time on his ticket, which may be evidence to show they were done at the exact same time. Is that possible considering how he pulled us over?

Any input would be appreciated. Should I be doing what neo333 did and start requesting full disclosure documents?

Thanks so much for the advice, this is a great board!
Mark


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PostPosted: Mon Jul 06, 2009 11:41 pm 
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He may have paced you both. In any case fill out the form to contest the charge then get disclosure which will tell you how he catched both of you.
Once you know how then send follow-up disclosure requests asking for more specific evidence.


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PostPosted: Tue Jul 07, 2009 7:44 am 
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Since the court dates for you and your friend will probably be the same, you might be able to testify for each other. Anyway, file for disclosure and tick off fight the ticket, and go from there.

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


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