clocked wille passing
last weekend I was driving on the 138 towards Cornwall.
it’s an 80 zone, 1 lane each direction.
I follow 2 cars that goes between 65 an 80, annoyingly varying their speed.
after a while I decide to pass, in a passing zone.
the road goes downhill.
I accelerate pass the first 1, then pull back in the right lane.
the passing zone is coming to an end so I accelerate again to pass the second one.
there is an oncoming car in the horizon, but I have plenty of time.
I pass the second one then pull back in the left lane, and start to decelerate, to get back to my crusing speed.
the car coming at the horizon and he meets me a few seconds after I am back in my lane.
It’s an OPP, he U-turns and pull me over.
-He inform me he clocked me at 130.
-0I tell him I was passing at this point and my cruising was no more than 85.
-He argues, than I passed cars that were going 90 (downhill)
He lowered my speed on the ticket to 129 so he didn’t had to do the street racing thing.
Now I never complain when I get a ticket I feel I deserve, but I am not sure how fair it is this particular situation to ticket me on a passing speed...opinions?
Thanks a lot.
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Simon Borys
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NOTHING I SAY ON HERE IS LEGAL ADVICE.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
I read some states allow exceeding the speedlimit when passing, but I cant find any info specific to ontario....
that is correct!mathvw wrote:so to pass someone that drives 75 in a 80 zone, you only can speed up to 80?
there is no such law for OntarioI read some states allow exceeding the speedlimit when passing, but I cant find any info specific to ontario....
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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Radar Identified
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There's no such law for any US state or any Canadian province, either.hwybear wrote:there is no such law for Ontario
Montana had no official daytime posted speed limit for a few years but scrapped it. It was ruled "unconstitutional."
It's kinda stupid that you can't accelerate to a reasonable speed to overtake in safety and minimize time in the oncoming traffic lane... but such is the law, unfortunately.mathvw wrote:so to pass someone that drives 75 in a 80 zone, you only can speed up to 80?
Because the original speed you were clocked at falls into the "stunt driving" category, I'd suggest you talk to a paralegal before you decide how to proceed. If the Crown decides to withdraw the 49-over speeding charge and replace it with 50-over stunt driving, that could be quite costly.
* 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
http://www.OntarioTicket.com OR http://www.OHTA.ca
There's no such law for any US state or any Canadian province, either.
RCW 46.61.425
Minimum speed regulation  Passing slow moving vehicle.
(1)... That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety
washington law.
would not apply anyway...you were in a 3 lane areamathvw wrote:There's no such law for any US state or any Canadian province, either.
RCW 46.61.425
Minimum speed regulation  Passing slow moving vehicle.
(1)... That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety
washington law.
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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Radar Identified
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That's news to me... I guess Washington is one exception.mathvw wrote:washington law.
* 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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no I was not in a 3 lane area.would not apply anyway...you were in a 3 lane area
I know it would not apply; it happened in ontario.
this is from your original postmathvw wrote:no I was not in a 3 lane area..would not apply anyway...you were in a 3 lane area
Pulling back into the right lane + Passing zone is coming to an end = 2 lanes in your direction of travelI accelerate pass the first 1, then pull back in the right lane.
the passing zone is coming to an end so I accelerate again to pass the second one
Therefore there are 2 lanes in one direction and one oncoming lane = 3 lanes
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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beleafer81
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I am glad you were there with me so you can remind me of the circomstances.
Pulling back into the right lane + Passing zone is coming to an end = 2 lanes in your direction of travel
Therefore there are 2 lanes in one direction and one oncoming lane = 3 lanes
driving in the right lane, passing the 1st car by going in the left lane (oncomming traffic) move back to the right lane.
repeat the process for the second car.dotted line was going to be a solid line
only 2 lane necessary.
I am out of here.
hwybear, you can reply something clever again, and you will have had the last word. I bet you like that.[/quote]
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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beleafer81
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A bit sensitive, are we?mathvw wrote: am glad you were there with me so you can remind me of the circomstances.
...
* 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
http://www.OntarioTicket.com OR http://www.OHTA.ca
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