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.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
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I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
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I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
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So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
