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Ontario Highway Traffic Act

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Charged w/ 135 in a 100 zone when i was only doing 115
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PostPosted: Wed Jan 27, 2010 1:27 pm 
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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??


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PostPosted: Wed Jan 27, 2010 2:57 pm 
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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!


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PostPosted: Wed Jan 27, 2010 4:46 pm 
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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.

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Re: Charged w/ 135 in a 100 zone when i was only doing 115
PostPosted: Wed Jan 27, 2010 5:53 pm 
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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.


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PostPosted: Wed Jan 27, 2010 6:25 pm 
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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???


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PostPosted: Thu Jan 28, 2010 12:38 am 
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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.


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PostPosted: Thu Jan 28, 2010 9:29 am 
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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.....

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what do i say when i request dislocure??
PostPosted: Thu Mar 18, 2010 11:40 am 
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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??


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PostPosted: Thu Mar 18, 2010 2:19 pm 
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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.

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


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PostPosted: Tue Aug 03, 2010 12:45 am 
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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?


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PostPosted: Thu Aug 05, 2010 7:23 pm 
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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.

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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: Fri Aug 06, 2010 11:19 am 
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Cool, thanks. Hopefully in the smaller town where I was charged, they won't.


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can a cop up the charge???
PostPosted: Sun Oct 17, 2010 5:36 pm 
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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??


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PostPosted: Mon Oct 18, 2010 1:37 pm 
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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.

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PostPosted: Wed Oct 27, 2010 10:45 am 
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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


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