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Clocked at 142 KM on the 401 Near Cornwall Ontario.
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PostPosted: Fri Dec 03, 2010 5:53 pm 
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Hi. I have trial date coming up and some good advice would be appreciated. A few months back the OPP clocked me at 142 KM on highway 401. It was late evening and I was totally surprised when he pulled me over. I had my wife and 2 sons with me in the car and there was no way I was speeding. I have a perfect driving record and I always use my cruise control as well.

I am trying to fight this but dont know if I will have any success. Any advice is very appreciated.


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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Sat Dec 04, 2010 9:40 am 
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Some addtional details. I received the disclosure info ..... some notes that the officer scribbled which I could not read very well. I had go back to them and request the info on the radar system which they said was Genesis II.


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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Sun Dec 05, 2010 12:26 am 
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Given your lack of previous convictions, you will probably be offered a plea-bargain to a lesser speed. It's your choice if you want to take that or not. Speeding cases are not so easily won. In almost all instances, they are won on technicalities. Some examples include: failure to provide disclosure by the Crown; no notes about testing the device before and after the stop; officer did not properly test, and/or did not properly use the device; lack of proper tracking history (officer must first observe the vehicle is speeding visually with his own eyes, THEN activate the speed-measuring device to confirm); vehicle was stopped but only after sight was lost, and it is questionable as to whether the correct vehicle was stopped, etc. What do the officer's notes say?

Speeding is an absolute liability offence. Once they've proven that you committed the offence (hence, the technicalities as a defence), the only remaining defence is "necessity." This implies a serious emergency was underway and you had to exceed the speed limit in order to properly address it (e.g. someone in your vehicle was suffering a heart attack and you could not wait for an ambulance).

As for the court time... just make sure you are appropriately dressed, be polite and respectful with the JP, etc. A lot of people go in there wearing ripped jeans, t-shirts with interesting words and expressions on them, baseball caps on backwards, track pants, etc. If your appearance is neat and tidy, the chances are that you'll be given a lot more respect - and probably a better deal - if you choose to go that route.

Good luck.

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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. *
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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Sun Dec 05, 2010 7:36 pm 
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Thanks for your comments. The officer's notes (scrible) are difficult to read. My ticket was issued at 9:32 PM. I think the notes seem to imply that the radar was tested at 1827 and 0517. Othewise I can only make out a few words here and there. I am certain however that I was not driving 142KM. I am Canadian and live in NY state but I plan to drive in to contest this. For what its worth, I will also have an affidavit from my wife and stepson to support my claim. I am hoping that they will at least reduce the fine as well as not report it for insurance purposes.


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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Sun Dec 05, 2010 9:11 pm 
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Location: In YOUR rearview mirror!
Sly_wolf wrote:
For what its worth, I will also have an affidavit from my wife and stepson to support my claim.

Never seen that allowed in any traffic or even criminal court when that has been tried. They want the person present to give testimony and allows for cross-examination by crown.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Mon Dec 06, 2010 8:21 am 
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Great! My stepson passed away unexpectedly recently and my wife has work obligations. I really love getting screwed over constantly. :(


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Re: Clocked at 142 KM on the 401 Near Cornwall Ontario.
PostPosted: Mon Dec 06, 2010 6:27 pm 
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Given your situation you may wish to contact a paralegal and have them fight this for you.

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