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

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??

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!

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.

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.

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???

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.

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.....

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??

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.

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?

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.

Cool, thanks. Hopefully in the smaller town where I was charged, they won't.

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??

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.

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

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

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

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???

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

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

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....

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.