Charged w/ 135 in a 100 zone when i was only doing 115

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hwybear
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by: hwybear on
Wed Oct 27, 2010 8:12 pm

Blondchick wrote:i am looking for any law that support my claim that he is not allowed to do this.... does anyone know of any?
no law, rather sounds some notes got misread or notes written incorrectly
also in the disclosure the officer stated that he was coming in the opposite direction on the 401, had to pull a uturn and then catch up with me. he said he did this in under 1 3/4kms..... do you think that this is possible??
absolutely possible and done a lot in the area, often just thru the grass medians too
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


pvotrainer
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by: pvotrainer on
Fri Oct 29, 2010 6:11 pm

An officer has the discretion to issue a ticket for a lower speed than what is actually driven at. That is old case law. If you were driving at 115, obviously you drove at 110. An officer cannot raise the speed to something that did not occur unless he/she wants to lie. For your scenario, your only avenue is a trial. You have to admit you were speeding at 115, controlled by cruise control. Get a mechanic to check that it works correctly and bring it to court.

In a recent appeal court decision, a Justice has the ability to raise a speeding charge to match the evidence given. But again that doesnot apply to you


Blondchick
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by: Blondchick on
Sun Oct 31, 2010 3:17 pm

ok so i set a trial date as well as i have a meeting with the prosecutor. i have been charged with 135 in 130

this is my disclosure:

traffic stop 401EB at 132km/hr
6-066 genesis II
ser # g25-20883
opp# 07-068
test 0841hrs + 1730hrs all pass
WB ln #1 mobile CBS SMV aahros in ln #1 in front of a blue convertible seabring and beside a TT at the 128 3/4
Act for rad anr P=112 E=135 L=135 h(or could be an l)=3
speed was steady
sv 20m from u-turn made u-turn w/o losing contact with TMV
TMV remained in th eleft lane
catch up to TMV at 130mm and i checked marker with PCC

he also put in his notes that i was adament i wasnt speeding


any advice???


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hwybear
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by: hwybear on
Sun Oct 31, 2010 3:40 pm

think you have misread the notes > officer was WB, has your vehicle EB at 135km/hr near the 128 3/4km marker......uturned and caught up to your vehicle at the 130km marker, called the communications centre and then stopped your vehicle at the 132km marker
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Blondchick
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by: Blondchick on
Sun Oct 31, 2010 3:50 pm

oh ok.... i see what you mean.

i dont know what to say... i wasnt speeding. i had my cruise control set at 115 and i know everyone say this but for real i wasnt speeding. i dont know how to prove that though


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by: Reflections on
Mon Nov 01, 2010 8:10 am

Blondchick wrote:oh ok.... i see what you mean.

i dont know what to say... i wasnt speeding. i had my cruise control set at 115 and i know everyone say this but for real i wasnt speeding. i dont know how to prove that though
Were you the only vehicle on the road....could the officer's radar reading come from a different car? This is what you'll have to prove....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Traffic Law on
Wed Nov 03, 2010 1:01 pm

Blondchick wrote:oh ok.... i see what you mean.

i dont know what to say... i wasnt speeding. i had my cruise control set at 115 and i know everyone say this but for real i wasnt speeding. i dont know how to prove that though
I suggest you dont mention that you were "speeding" at 115 km/hr. This proves the crowns case as to speeding allegation. Quantum of speed is still to argue. Good luck.


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