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Ontario Highway Traffic Act

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Going 83km/h in 50km/h zone
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PostPosted: Sat May 28, 2016 4:13 pm 
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Joined: Thu Jan 29, 2015 3:53 pm
Posts: 22
A couple nights ago I got a speeding ticket, here is what happened:

I turned onto Mississauga Road (Peel Regional Road 1) in Brampton going southbound towards Georgetown. It was a huge road and mostly empty, I am new to the area but by the looks of the road (looks like a regional highway) I assumed speed limit was 60-70km/h, I did not see any signs. I drove for a few minutes and saw a sign that said 50km/h, a railroad, and a cop suv all within a few metres. I slowed down immediately. The cop pulled me over and said I was going 83km/h. I kinda avoided his questions but told him I started slowing down because of the sign but he said it was because I saw him.

Ticket is $238. It doesn't say any demerit points on the ticket but I understand it is 4 because it is over 30km/h. I am assuming this will increase my premiums by a lot as well.

So questions:

Should I meet with prosecutor? What do you think they should offer?

Should I take it to court and obtain disclosure and all that? Do I have a case here? Is this worth hiring a paralegal over? I had a careless driving ticket before that I found til the end and had it thrown out but I know this situation is much different.

Any thought and general advice?

Thank you


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Re: Going 83km/h in 50km/h zone
PostPosted: Sat May 28, 2016 5:18 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1655
It is almost always to your benefit to plead Not Guilty and request a trial with the officer present. Once they give you a trial date, then you can request disclosure (officers notes).

There is no way to guess at what defense you could use until you get the notes and see what they say.

Insurance does not care about demerit points. So speeding 1 over and speeding 49 over are considered the same minor offense by your insurance and affect your rates exactly the same.

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+++ This is not legal advice, only my opinion +++


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Re: Going 83km/h in 50km/h zone
PostPosted: Sun May 29, 2016 10:58 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2094
Location: Ontario
canuckavelli wrote:
Ticket is $238. It doesn't say any demerit points on the ticket but I understand it is 4 because it is over 30km/h. I am assuming this will increase my premiums by a lot as well.

As stated above insurance providers don't look at demerit points, but if you still have a G2 you're looking at a 30 day suspension, in which case you'd want to plead it down to a speed that carries 3 or less points.


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Re: Going 83km/h in 50km/h zone
PostPosted: Sun May 29, 2016 12:35 pm 
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I have a G. I don't have any other tickets except for parking tickets and a careless driving ticket that I won.

So I am not sure how it will affect my insurance.


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Re: Going 83km/h in 50km/h zone
PostPosted: Sun May 29, 2016 12:57 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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Parking tickets do not affect your insurance. If you won against careless charge then it is not on your record and will not affect insurance either.

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+++ This is not legal advice, only my opinion +++


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Re: Going 83km/h in 50km/h zone
PostPosted: Sun May 29, 2016 9:44 pm 
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One detail.. this road is 70 at some parts. The part I was driving at was 50 but there was no sign until near the cop. If you keep driving a couple mins past the cop it turns back to 70 again. Does this affect anything strategy/defence wise?


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Re: Going 83km/h in 50km/h zone
PostPosted: Sun May 29, 2016 10:06 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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No it does not.

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Re: Going 83km/h in 50km/h zone
PostPosted: Tue May 31, 2016 3:54 pm 
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See attached image. Still nothing? I turned into the road and drove 80km because thats what my intuition told me (been on it before, others were going same speed, etc). There were no signs at all between where I turned from and near the cop. I see the 50km sign and I slow down. Cop catches me anyways. Drive a bit more and the road does turn into 80km.

No case at all?


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Re: Going 83km/h in 50km/h zone
PostPosted: Tue May 31, 2016 4:21 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
See this:

Quote:
128. (1) No person shall drive a motor vehicle at a rate of speed greater than,

(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or

(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1).


I actually live in that area (Sandalwood & Creditview), and I know for a fact that it is a built up area, therefore, regardless of seeing a sign or not, you should be doing 50km/h.

Go see the prosecutor and see if you can reach a plea deal if you cannot find any fault in the disclosure.


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Re: Going 83km/h in 50km/h zone
PostPosted: Tue May 31, 2016 5:22 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 711
No help at all. You had to know that Yardmaster was a 50 zone and therefore the road remains a 50 until you see a sign that says otherwise.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Going 83km/h in 50km/h zone
PostPosted: Tue May 31, 2016 6:17 pm 
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Joined: Thu Jan 29, 2015 3:53 pm
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thanks guys. think i will just do early resolution.


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Re: Going 83km/h in 50km/h zone
PostPosted: Thu Oct 20, 2016 1:38 pm 
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Joined: Thu Jan 29, 2015 3:53 pm
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I mailed in the ticket at the beginning of June asking for an early resolution. I haven't gotten anything in the mail yet, been 5 months almost.

What is happening? What should I do? How do I check the ticket status?


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Re: Going 83km/h in 50km/h zone
PostPosted: Thu Oct 20, 2016 1:48 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
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Call the provincial offences office and ask for the status.

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+++ This is not legal advice, only my opinion +++


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Re: Going 83km/h in 50km/h zone
PostPosted: Thu Oct 27, 2016 6:58 pm 
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Joined: Thu Jan 29, 2015 3:53 pm
Posts: 22
Finally got something in the mail... Notice of Fine and Due Date.

I didn't even get a letter for early resolution meeting I requested or a trial! How can I be convicted of an offense without a trial?

What do I do? Best option is to call in and get the case reopened?


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Re: Going 83km/h in 50km/h zone
PostPosted: Fri Oct 28, 2016 12:48 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1655
You need to go into provincial offences office and tell them you asked for early resolution and never got anything in the mail and ask for a RE-OPENING to set new trial date.

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+++ This is not legal advice, only my opinion +++


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