Construction zone - no speed limit posted

christoph2
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Construction zone - no speed limit posted

Unread post by christoph2 on

Hello everyone,

Looking for some info on a ticket I got. I was driving in the Brockville area towards Toronto and I got caught doing 120 in a "posted 80 zone". The thing is I am positive there was no speed limit posted, other than the usual 100/hr. She told me I should have known to go 80 in the construction zone (is this true?), There were 3 of us and we ended up going through 4-5 more construction zones and no speed limits were posted. The cop also told me not to go to court because she gave me a break by not doubling my fine. When I asked why she would have doubled it she said if you're going over the limit inside the cones it's double. I told her I wasn't in the cones yet and she responded that I would not have had enough time to stop before getting to them (which is not true). I have never had a fine before, and this kind of felt sketchy to all of us.

I had 2 witnesses in the car, if this matters. All I know is the speed limits were not posted so should I have known that in a construction zone you always have to go 80? I'm really not looking to go to court I would rather just settle this with the justice of the peace, as it's a decent drive away from me and I don't have the time.

Just looking for advice, and what my best options are.

Thanks,

Chris


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bobajob
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Unread post by bobajob on

witnesses in car's "generally" don't matter you would need an independent one
and LEO's are NOT supposed to tell you ever not to go to court, it is your absolute right, to contest anything in court.
wether she cut you a break or not, she can not tell you this. If there is a fatal flaw somewhere, or a screwup in court for example you could get lucky
maybe you could fight and win. NOT saying this IS the case, but makes me sick when LEO's say this, also when they say, oh this has no demerit points so wont effect your insurance.
Should be a criminal offence if an LEO spouts this rubbish, sorry, but I've been on here for years and seen this more than several times on here.

There are some very experienced people who I'm hoping will give you some further advice.

Also to add, if she has cut you a break, if you choose to fight and loose, you will go up to what the original fine/charge was.

You can decide to go to court, but at any time before the actual appearance starts, you can take any offer given, or pay the original fine.
In other words, you loose nothing by putting into place the process to dispute,

YOU LOOSE NOTHING!
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


ShrekTek
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Unread post by ShrekTek on

I disagree with bobajob... Witnesses in the car are fantastic for you but they would have to come to court and be willing to testify the same thing as you that there were no posted 80 km/h signs. Them writing a letter will not work... they need to come to court in person.

The charge was for speeding in a "posted 80 km/h" zone but if there are no posted 80 km/h signs then you are not guilty of this charge. You may be guilty of speeding in a 100 km/h posted zone but that is not what they charged you with.

I would plead not guilty and request a trial with the officer present and then request disclosure (a copy of the officers notes) once you get your trial date in the mail. It will be interesting to see what the officers notes say about the 80 signs being posted or not. And with three of you in the vehicle that can all testify that she said "you should have known it was an 80" and that you were not even in the cones yet there is a very good chance to beat it.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


Zatota
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Unread post by Zatota on

The doubling of speeding fines in work zones only applies when workers are present. If there was no one actually there, the officer's words were meaningless.


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Nanuk
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Unread post by Nanuk on

christoph2 wrote:Hello everyone,

Looking for some info on a ticket I got. I was driving in the Brockville area towards Toronto and I got caught doing 120 in a "posted 80 zone". The thing is I am positive there was no speed limit posted, other than the usual 100/hr. She told me I should have known to go 80 in the construction zone (is this true?), There were 3 of us and we ended up going through 4-5 more construction zones and no speed limits were posted. The cop also told me not to go to court because she gave me a break by not doubling my fine. When I asked why she would have doubled it she said if you're going over the limit inside the cones it's double. I told her I wasn't in the cones yet and she responded that I would not have had enough time to stop before getting to them (which is not true). I have never had a fine before, and this kind of felt sketchy to all of us.

I had 2 witnesses in the car, if this matters. All I know is the speed limits were not posted so should I have known that in a construction zone you always have to go 80? I'm really not looking to go to court I would rather just settle this with the justice of the peace, as it's a decent drive away from me and I don't have the time.

Just looking for advice, and what my best options are.

Thanks,

Chris
I drive that stretch everyday, it's a posted 80 zone .


DCamM
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Unread post by DCamM on

If the 80 KPH signs were made by some construction company and do not meet the regulation size, etc., the speed limit would still be 100 KPH.

Have someone take a picture of the 80 KPH signs and compare it to the regulations.

https://www.ontario.ca/laws/regulation/900615

***I am not a lawyer, I have no legal qualifications and my opinions could well be wrong***.




***I am not a lawyer, I have no legal qualifications and my opinions could well be wrong***.


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