I recently got pulled over and charged with 135 in a 100 zone. the cop claims i was doing 135 when i had my cruise control on the whole way only doing 115. the cop said he was travelling in the opposite direction on the 401 and his radar picked me up. he then did a u turn and caught up with me. there is NO way i was speeding. i was locked into my cruise control at 115 the whole way! i am planning on going to court and disputing this. any help or suggestions??
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Charged w/ 135 in a 100 zone when i was only doing 115
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Regardless of the circumstances of the speeding infraction, you wan't to challenge and set a court date! Ideally, you don't even want to defend. Instead, you want to exercise your constitutional rights and have your case STAYED either on lack of disclosure OR delay (sometimes both).
You'll need to do some reading and research on this forum. Also, http://ticketcombat.com is an excellent resource to read up for help.
Step1: Plead not guilty (make sure you check the box that you will challenge the officers's evidence) to set a court date
Step2: File for disclosure (officer's notes, copy of radar manual, etc).
http://ticketcombat.com/step4/disclosurehow.php
You have a constitutional right to be tried in a reasonable amount of time. If your court date is 10 months or more from the date of infraction, you can file an 11B Charter challenge.
You also have a right to disclosure. If prosecution does not provide it to you, you can have the case dismissed, or at minimum, the judge will adjourn so prosecution can gather the documents and provide you disclosure. If this is the case, then your court date will be delayed further, increasing your chance of a successful 11B.
In your specific case, the officer may have lost site of you before he pulled you over (given he was travelling the opposite direction on a highway and had to do a u-turn). This strengthens your case in case the disclosure or 11b method do not work and you have to defend yourself. You will get more information about the specific circumstances when you receive your disclosure package (if you get it, lol).
You'll also walk if you officer doesn't show up at court. At worst, you'll plea bargain for a lesser fine and demerit point. So get to the court house and set a court date asap to get the ball rolling.
This is a fantastic forum with valuable information, but you'll have to start your research now and get prepared. Paralegal assistance is also an option.
It is possible and you CAN do it!
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Blondchick wrote:
he then did a u turn and caught up with me.
Was there another car that sped past you within a minute or two of you getting stopped?
Other than that - neo333 gave you a good foundation. Keep us posted on what you decide to do. If it comes time for a trial, the officer's present and it looks like the evidence against you is pretty solid, you can always plea-bargain to a lesser infraction, if nothing else.
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
Plenderzoosh
- Jr. Member

- Posts: 64
- Joined: Thu Apr 23, 2009 10:52 am
-
Posting Awards
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Blondchick wrote:
i was locked into my cruise control at 115 the whole way! i am planning on going to court and disputing this. any help or suggestions??
If you do go all the way to trial make sure to NOT bring this up at court. If you say "I wasn't possibly going 135, I was going 115." because that is still exceeding the speed limit you would be convicted. But you may not even have to fight your case at trial as neo333 indicated. For now send in your ticket with Option 3 - Not Guilty checked off and wait until you receive your notice to appear in court. It may also be helpful to write down everything you remember about the indicent because it's definitely going to be a while before you'll be in a courtroom at all.
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Re: Charged w/ 135 in a 100 zone when i was only doing 115
thanks so much for the advice!! I have already applied for option 3 to set a trial date. I have written down everythign i could remember. and i am slowly going thru all the information on these websites! thanks so much for your input already!!!
i am looking to get the edge that the car he caught on his radar wasnt me...since he didnt run my plates till he was behind me.... and he was going the opposite direction so it could have been a different red car....any help???
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Dont' get ahead of yourself. It's easier to devise your defence once you have disclosure. This will give you the ammo you need to cast doubt on the charge.
There is a chance that the officer pulled over the wrong car since he was travelling in the opposite direction and possibly lost site of the culprit as he navigated through traffic and a u-turn. It is the "chance" that generates reasonable doubt.
Get the disclosure request done and wait for it. When and if you get it, post the officer's notes and any other info you get here for further advice.
You may need to file multiple disclosure requests.
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Notes are a good thing to start with. Write them down now while it is still fresh in your head.....Describe weather, road and traffic conditions. Physical characteristics of the road, dips, bumps, hills..etc..... Go back if you can, it may help.....then wait for disclosure.......that time will depend on where this took place.....
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
What do i say when i request dislocure??
so i have requested disclosure on feb 22 and again today on march 18th. i have not heard anything yet from the first request. i just faxed the form they gave me to fill out. should i be specifically requesting items? or will they know what to send me??
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
What I recommend to ask for in disclosure cases are:
- Full copy of the officer's notes, typed if they are not clearly legible
- Copy of the manual for the speed measuring device used by the officer
- Photographic and/or video evidence, if any exists and the Crown intends to use it at trial
Yes, you should be specific. If your disclosure request is focused, specific and relevant to the charge, it dramatically increases your chances of getting a stay if they omit something. Usually the big bone of contention is the manual. Many cases get stayed every year because the Crown feels they don't have to provide it, and they find out, time and again, that they do. But - you have to ask for it.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Any updates?
Radar Identified wrote:
Yes, you should be specific. If your disclosure request is focused, specific and relevant to the charge, it dramatically increases your chances of getting a stay if they omit something. Usually the big bone of contention is the manual. Many cases get stayed every year because the Crown feels they don't have to provide it, and they find out, time and again, that they do. But - you have to ask for it.
How do they "find out" that they have to provide the manual?
- Radar Identified
- High Authority

- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Flyview wrote:
How do they "find out" that they have to provide the manual?
The "finding out" part is when the defendant cites all kinds of case law that supports the requirement that the manual be disclosed to the defendant, and the JP agrees and stays the charge. But the defendant must ask the Prosecutor for the manual. So many speeding charges have been tossed for this exact reason that the majority of Prosecutors now provide the manual as a matter of practice.
http://www.OntarioTicket.com OR http://www.OHTA.ca
Re: Charged w/ 135 in a 100 zone when i was only doing 115
Cool, thanks. Hopefully in the smaller town where I was charged, they won't.
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Can a cop up the charge???
so i was charged doing 135 in a 100km zone on the 401 just outside of st. thomas ON. i was not. i had my cruise control on at 115.
i am going to court november 5th
when i received my disclosure the officer wrote that i was only doing 132km not the 135 he charged me with. is this allowed?? raising the amount i am charged with it 135.
can i use this to get the ticket thrown out??
- Simon Borys
- VIP

- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
Re: Charged w/ 135 in a 100 zone when i was only doing 115
It's not that there is a specific prohibition against this, but officers don't do it as a matter of common sense if they can't prove the speed alleged. I don't think you have any recourse to get it quashed at first glance, but if you have a trial they will be required to prove that you were going 135 km/hr. If the officer's evidence is that you were going 132, then it stands to reason you will not be found guilty of going 135.
As to whether they could try to convict you of going 132, that is not the charge alleged, so they would have to amend the certificate to read 132. If they try to do this you could object and state your reasons.
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Re: Charged w/ 135 in a 100 zone when i was only doing 115
i am looking for any law that support my claim that he is not allowed to do this.... does anyone know of any?
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??
Thanks
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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
-
pvotrainer
- Jr. Member

- Posts: 30
- Joined: Fri Oct 29, 2010 8:08 am
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Disclosurem - need some advice!!!
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???
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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
-
Blondchick
- Newbie

- Posts: 7
- Joined: Wed Jan 27, 2010 10:18 am
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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
- Reflections
- High Authority

- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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....
- Traffic Law
- Member

- Posts: 162
- Joined: Thu Sep 25, 2008 5:28 pm
Re: Charged w/ 135 in a 100 zone when i was only doing 115
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.
Similar Topics
-
-
- Doing EXACTLY 130 in a ninety zone. But only went 100
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By coolcustomer on
- Replies: 20
-
-
-
- Doing 115 in a 90 Help me out please!!
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Mkinger9113 on
- Replies: 10
-
-
-
- First ticket, reduced to 115 in 100 zone
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By icecoke on
- Replies: 7
-
-
-
-
Ticketed for doing 135 km/h on the 401 in Cornwall
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Cruzer on
- Replies: 3
-
-
-
-
- WIN on appeal - speeding 115 in a 100
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By jsherk on
- Replies: 7
-
-
-
- 135 on 100- 401 near whitby ON
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By medotaco on
- Replies: 2
-
-
-
- 135 in a 100
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Yroc on
- Replies: 5
-
-
-
- 135 in a 100 - officer didn't give me a ticket
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Keyplo33 on
- Replies: 3
-
-
-
- 136 in 100 zone (401) was only going 120.
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Jones on
- Replies: 1
-
-
-
- Ticketed 115 in 80 zone - i know it's wrong
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By IloveChihuahuas on
- Replies: 2
-
-
-
- Received ticket for doing 105 in 100 with incorrect fine
- Posted in Speed Traps
- By Nachos23 on
- Replies: 5
-
-
-
- From Montreal, charged doing 112 in 80, court is 800km away.
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By BigC on
- Replies: 6
-
-
-
- Charged with doing 50 over in Manitoba
- Posted in Exceeding the speed limit by 50 km/h or more
- By mattyboy on
- Replies: 2
-
-
-
- 135 in an 80(construction zone)
- Posted in Racing
- By nrg70 on
- Replies: 4
-
-
-
- Stunt driving ?? - 135 in 80 zone
- Posted in Stunt Driving
- By gbs on
- Replies: 36
-
-
-
- Failure to Surrender Lisc, 34k Over, Bend on Highway 115
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By yumyumfairy on
- Replies: 3
-
-
-
- 115 On Highway 401
- Posted in General Talk
- By GotBusted on
- Replies: 12
-
-
-
- 170 on 417 (100 zone) - charged by stunt driving
- Posted in Stunt Driving
- By beko on
-
-
-
- 180 in a 100 zone - charged with racing a motor vehicle
- Posted in Racing
- By Tazo on
- Replies: 10
-
-
-
- Pulled over doing 81 in a 50 Zone.. Wrong DL# on ticket
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By napster428 on
- Replies: 2
-
Featured Topics
fight stop sign
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
Any help would be appreciated
Disobey stop sign, stop signs on both sides of intersection?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
After accident, the police gave me a Careless Driving ticket
I'm having a big issue right now.
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
T-boned a limo - optical illusion
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
The…
68 over ..
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Failure to stop. 136(1)(b)
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
OOps! The police officer forgot to return my documents...
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Do I have a case where I could win?
Proof for advanced green
Hello, hoping here someone can help.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
Failing to stop for a school bus
So i was driving on Eglinton Avenue East near Rosemount Ave.

The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)

I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
If/when do I have to disclose my evidence for a trial?
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
Thanks!
Ticket for speeding on highway 401 (125 km/h)
Hey,
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
30 over i need help he said he hade me on radar he was going
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
New Moderator Board Approval
Here we grow again!
We have a volunteer that volunteered to help us out in forum moderation.
However, we would like our visitors to approve him here.
Please vote Yay! if you are OK with BelSlySTi becoming a moderator, or vote Nay! if you are not (I do, however, expect a post or a PM as to why).
Both me and admin are OK with him, however, we will not participate in this vote. Approval should be…
Plead guilty when not. Can I appeal?
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Caught speeding excessively but wasn't pulled over
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Markham Rd East Courthouse
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
Failure to Use Low Beams - Following
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
Trial in a week
I have a trial scheduled for Monday and finally went to pick up the notes and DVD. Would love some advice.
This is a ticketed 70 in a 60, reduced from an alleged 84.
xxxx car with PC <officer>
Sunny Clear Morning Roads Dry and Bare
Rds in good condition with clearly marked lanes.
Bee III tested at 0725 hrs
Police are W/B Observe a blk <my car> weaving through traffic…
Got conviction notice for a never-received ticket (2pts)
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
I…
Hand- held device ticket- help
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
Hands Free only Ocober 26, 2009
so I wonder if the OPP going to be out Monday morning handing out tickets for talking on the cell phone tommorow ![]()
wonder how much this is going to backlog the courts now--because im thinking, alot of people just arent going to get it..
Driving While Under Suspension
Hi,
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
but this information says differently..
www.canlii.org/en/on/laws/reâ¦latest/rro-1990-reg-200.html
11. (1) The clerk…
145KM/HR IN 100 POSTED HWY 401
I got a ticket for doing 145km/hr in a 100km/hr posted on hwy 401 East Region near Napanee at 11:15pm on Oct 24 2014.
I am fighting the ticket myself and just received the disclosure.
The officer used the Genesis II Select Directional Radar and in her notes she wrote:
"Radar - G2S25705"
"test before - 1100"
"test after - 0410"
Can anyone tell me what the two numbers for test before and test after mean?
I…
Need Advice on Limited Disclosure before Court Date
Dear friends,
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
My…
speeding 134 in 100KM/hr
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…