I was driving my motorcycle, with valid Alberta license plate, insurance, and an Alberta driver's license in my wallet when I was stopped for speeding on HWY 9, at Regional Road 50 on Oct 19, 2010. After communicating with dispatch, the officer waited for a telephone call from MTO, who advised him my license was under suspension for non-payment of fines, and the notice was deemed served to my last known address. My motorcycle was then towed to my parent's residence, and I was given two summonses, for Drive under Suspension and Speeding. I was charged $250 on the spot for the towing once arrived. I then remembered a letter that was delivered to my parents address, in Ontario, where I had previously lived, prior to moving to Alberta. The letter, dated Apr 26, 2010 and addressed to my former residence in Ontario, states that my license number D9020-*****-*****, was suspended, effective as of that date, for unpaid fines. I have held an Alberta driver's license since July 15, 2009. The unpaid fine was from a ticket I had received in Dryden, Ontario on August 17, 2009, which was filled out with Alberta license number 1-5******, and my address in Edmonton. My argument with regards to the Drive under suspension charge is this: I understand that while my no-longer-in-use Ontario driver's license number is used for tracking purposes, my last known address would have been communicated to the MTO when I exchanged my Ontario license for an Albertan one. Even if that were not the case, wouldn't my last known address be the one on the ticket? If they are able to associate the 2 licenses with each other, surely the information contained within those licenses would be accessible. As for the speeding charge, while my original intent was to consider a plea bargain with the prosecutor, to plead to this in exchange for withdrawal of the Drive under Suspension charge, my last meeting has since soured me from this option. This has led to me poring through the disclosure, looking for inconsistencies. I believe I have found several: - Both the typed and hand written versions of the officers notes state that he was operating a LTI Marksman 20.20 LIDAR unit. However, the supplied manual pages are testing protocol for a non-specific model manufactured by a company named SpeedLaser. - Neither version of the notes indicate an estimated speed before LIDAR confirmation. The handwritten version has "MC E/B lane 2 of 2 - Read 121/121 km/h - last reading 136 m." The typed copy reads "...when he observed a motorcycle traveling eastbound well above the posted 80km/h speed limit. NAME REDACTED started a tracking history of the vehicle which was obviously decelerating having seen the officer's fully marked OPP cruiser. NAME REDACTED obtained two seperate readings of 121km/h with his LIDAR unit which was consistant with his visual observations" Not only is there no initial speed estimate, if the visual tracking history is accurate, how would it be possible to obtain two identical readings if I was "obviously decelerating?" -Handwritten notes indicate "Just W/O 50 Northside" as his location at the time of LIDAR operation. He was in fact located on the South side, pulled in to his location (red arrow), which meant he had to reverse out to pull me (black arrow) over, which I instead did voluntarily at the location indicated (yellow star) (on the shoulder, not as a result of red light) I understand that being an absolute liability offence, it only must be proven that I was speeding; the extent to which is unnecessary. What I am calling in to question is the reliability of both the officer's testimony and notes. His notes indicated nothing else that seemed strange to me. His LIDAR testing, which I cannot accurately question without proper documentation, was performed both before and after the incident. Opinions?
I was driving my motorcycle, with valid Alberta license plate, insurance, and an Alberta driver's license in my wallet when I was stopped for speeding on HWY 9, at Regional Road 50 on Oct 19, 2010. After communicating with dispatch, the officer waited for a telephone call from MTO, who advised him my license was under suspension for non-payment of fines, and the notice was deemed served to my last known address. My motorcycle was then towed to my parent's residence, and I was given two summonses, for Drive under Suspension and Speeding. I was charged $250 on the spot for the towing once arrived. I then remembered a letter that was delivered to my parents address, in Ontario, where I had previously lived, prior to moving to Alberta. The letter, dated Apr 26, 2010 and addressed to my former residence in Ontario, states that my license number D9020-*****-*****, was suspended, effective as of that date, for unpaid fines. I have held an Alberta driver's license since July 15, 2009. The unpaid fine was from a ticket I had received in Dryden, Ontario on August 17, 2009, which was filled out with Alberta license number 1-5******, and my address in Edmonton.
My argument with regards to the Drive under suspension charge is this: I understand that while my no-longer-in-use Ontario driver's license number is used for tracking purposes, my last known address would have been communicated to the MTO when I exchanged my Ontario license for an Albertan one. Even if that were not the case, wouldn't my last known address be the one on the ticket? If they are able to associate the 2 licenses with each other, surely the information contained within those licenses would be accessible.
As for the speeding charge, while my original intent was to consider a plea bargain with the prosecutor, to plead to this in exchange for withdrawal of the Drive under Suspension charge, my last meeting has since soured me from this option. This has led to me poring through the disclosure, looking for inconsistencies. I believe I have found several:
- Both the typed and hand written versions of the officers notes state that he was operating a LTI Marksman 20.20 LIDAR unit. However, the supplied manual pages are testing protocol for a non-specific model manufactured by a company named SpeedLaser.
- Neither version of the notes indicate an estimated speed before LIDAR confirmation. The handwritten version has "MC E/B lane 2 of 2 - Read 121/121 km/h - last reading 136 m." The typed copy reads "...when he observed a motorcycle traveling eastbound well above the posted 80km/h speed limit. NAME REDACTED started a tracking history of the vehicle which was obviously decelerating having seen the officer's fully marked OPP cruiser. NAME REDACTED obtained two seperate readings of 121km/h with his LIDAR unit which was consistant with his visual observations"
Not only is there no initial speed estimate, if the visual tracking history is accurate, how would it be possible to obtain two identical readings if I was "obviously decelerating?"
-Handwritten notes indicate "Just W/O 50 Northside" as his location at the time of LIDAR operation. He was in fact located on the South side, pulled in to his location (red arrow), which meant he had to reverse out to pull me (black arrow) over, which I instead did voluntarily at the location indicated (yellow star) (on the shoulder, not as a result of red light)
I understand that being an absolute liability offence, it only must be proven that I was speeding; the extent to which is unnecessary. What I am calling in to question is the reliability of both the officer's testimony and notes. His notes indicated nothing else that seemed strange to me. His LIDAR testing, which I cannot accurately question without proper documentation, was performed both before and after the incident.
How come you're not interested in the plea deal? I'm not sure about Alberta insurance, but in Ontario most offences get ranked as minor, major or serious. Minor offences (which even 40 over probably falls under) typically have no rate hikes for first time offences, and 5-15% hikes on each additional conviction. Drive suspend on the other hand is considered a serious offence, which can easily double your insurance rates even on a first conviction. You also risk an additional 6 month licence suspension, which would be applicable in Alberta as well. You have some issues that could be raised at trial in terms of the speeding offence, but I'm not seeing anything that sounds like a sure thing, especially to fight the drive suspend charge. I'd at least consult with some legal representation to weigh your chances of winning at trial before risking a conviction for drive suspend.
How come you're not interested in the plea deal? I'm not sure about Alberta insurance, but in Ontario most offences get ranked as minor, major or serious. Minor offences (which even 40 over probably falls under) typically have no rate hikes for first time offences, and 5-15% hikes on each additional conviction. Drive suspend on the other hand is considered a serious offence, which can easily double your insurance rates even on a first conviction. You also risk an additional 6 month licence suspension, which would be applicable in Alberta as well.
You have some issues that could be raised at trial in terms of the speeding offence, but I'm not seeing anything that sounds like a sure thing, especially to fight the drive suspend charge. I'd at least consult with some legal representation to weigh your chances of winning at trial before risking a conviction for drive suspend.
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…