I'm looking for a case where the vehicle location was challenged. My son was charged with 90 in a 70km zone. He insists that he was in the notice zone advising 70km ahead. He says he was actually doing 102 in a 90, he saw the OPP activate his lights while he was still in the 90 zone. The OPP dropped the speed from 102 to 90. The OPP pulled over near the 90 to 70 sign. We are going to ask for a dash cam in disclosure, are there any cases on this defence
-
northernhighways
- Newbie
- Posts: 1
- Joined: Thu Jun 12, 2014 8:14 pm
Charged 90km in a posted 70km zone, actually 90 Zone
I'm looking for a case where the vehicle location was challenged. My son was charged with 90 in a 70km zone. He insists that he was in the notice zone advising 70km ahead. He says he was actually doing 102 in a 90, he saw the OPP activate his lights while he was still in the 90 zone. The OPP dropped the speed from 102 to 90. The OPP pulled over near the 90 to 70 sign. We are going to ask for a dash cam in disclosure, are there any cases on this defence
-
Stanton
- High Authority
- Posts: 2111
- Joined: Tue Feb 01, 2011 8:49 pm
- Location: Ontario
-
Posting Awards
Re: Charged 90km in a posted 70km zone, actually 90 Zone
It's not a defence that requires specific case law. You'd simply be arguing the alleged facts, namely the posted speed limit at the location of the offence. It will probalby be your son's word versus the officers. I don't believe the OPP typically use dash cams. If your son is clear, consistent and firm with his evidence, it may be enough to raise reasonable doubt.
northernhighways wrote:
We are going to ask for a dash cam in disclosure, are there any cases on this defence
It's not a defence that requires specific case law. You'd simply be arguing the alleged facts, namely the posted speed limit at the location of the offence. It will probalby be your son's word versus the officers. I don't believe the OPP typically use dash cams. If your son is clear, consistent and firm with his evidence, it may be enough to raise reasonable doubt.
Similar Topics
Featured Topics
speeding 31km/h
Hello,
on november 2015 i recieved a speeding ticket for going 91km/h on a 60 road.
I requested disclosure and this is what the notes say:
-I was southbound kennedy road in the passing lane south of mcnicoll avenue
-2 lanes northbound southbound posted 60km/h zone
-4284 bill mobile front antenna…
Guys need help again! please urgent
hey,
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
ok so…
Failure to surrender licence - even though I gave him one?
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
Combination of "vehicles" exceeds G Class license max wgt
Not sure where to best ask this question, so will try here.
I have a G licence. I have been asked by my employer to tow a large "trailer" with a truck.
The truck is a Dodge RAM 5500 with a GVRW of 8505 KG.
The "trailer", although having lights and brakes, does not have a licence plate. I've been told…
Ticket Lifespan
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
No Insurance Card Ticket
Hello All,
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
Help with officer's notes
received my disclosure today.
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
my second question…
Alcohol meter blowing test-How far is officer allowed to go?
Hi everyone,
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Novice Driver B.A.C Above Zero Provincial
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…
BILL 117
BILL 117 put forth by MPP Helena Jaczek, discuss please!
An Act to amend the Highway Traffic Act to prohibit the driving and operation of motorcycles with child passengersHer Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The…
