I am a 53 year old female, respectable (innocent) looking, driving '03 Grand Am in good repair. I take this route each day to work and have noticed most days there is an OPP officer posted in the median fairly close to the Garden Ave. Exit. Today I was passing some slower moving vehicles as I went past the officer. Usually there are numerous drivers with me doing the same thing, but today there were no other vehicles, just me in the passing lane. When I was finished passing the other vehicles I moved safely into the right lane and commenced driving at the usual speed limit. The Officer began following me until he could flag me over at the Garden Ave. exit and give me my ticket. He stated that I was driving 131 in a 100 zone and there was no room for discussion. I supplied my documentation immediately and within 3 minutes he had my ticket ready, but when he gave it to me he mentioned about three times that I could go to court regarding this ticket. I have never done anything wrong in my life and the thought of going to court is terrifying. But I'm afraid of how much my insurance will go up and am struggling financially already. I can't think why he didn't lower it by 2 km so at least it wouldn't have been quite as bad. Could he have been hinting that I could beat this if I go to Court or do they always say that? At my wit's end.... Any help would be greatly appreciated!
I am a 53 year old female, respectable (innocent) looking, driving '03 Grand Am in good repair. I take this route each day to work and have noticed most days there is an OPP officer posted in the median fairly close to the Garden Ave. Exit. Today I was passing some slower moving vehicles as I went past the officer. Usually there are numerous drivers with me doing the same thing, but today there were no other vehicles, just me in the passing lane. When I was finished passing the other vehicles I moved safely into the right lane and commenced driving at the usual speed limit. The Officer began following me until he could flag me over at the Garden Ave. exit and give me my ticket. He stated that I was driving 131 in a 100 zone and there was no room for discussion. I supplied my documentation immediately and within 3 minutes he had my ticket ready, but when he gave it to me he mentioned about three times that I could go to court regarding this ticket.
I have never done anything wrong in my life and the thought of going to court is terrifying. But I'm afraid of how much my insurance will go up and am struggling financially already. I can't think why he didn't lower it by 2 km so at least it wouldn't have been quite as bad. Could he have been hinting that I could beat this if I go to Court or do they always say that?
Officers usually don't issue tickets which they think you can beat and then tell you to go fight it so you will win. (If so there'd be little point in writing the ticket in the first place). They usually issue tickets that they feel are justified, which they could obtain a conviction on if it went to trial. They often tell you to go to court because they know that the prosecutor is usually amenable to reducing the speed in exchange for a guilty plea. Why don't they reduce it at the roadside? Sometimes they do and sometimes they don't - it's an exercise of their discretion and they're entitled to do either, so it just depends on the officer.
Officers usually don't issue tickets which they think you can beat and then tell you to go fight it so you will win. (If so there'd be little point in writing the ticket in the first place). They usually issue tickets that they feel are justified, which they could obtain a conviction on if it went to trial. They often tell you to go to court because they know that the prosecutor is usually amenable to reducing the speed in exchange for a guilty plea. Why don't they reduce it at the roadside? Sometimes they do and sometimes they don't - it's an exercise of their discretion and they're entitled to do either, so it just depends on the officer.
Thank you for your prompt response Simon, much appreciated. Perhaps you can clear up a couple of misconceptions I may have, i.e. I have heard that Police Officer's who are sitting, watching for speeders may have "quota's" to meet and this sometimes may cause them to be unusually harsh in order to meet that quota? You mentioned that Officer's don't give tickets which they think you can beat, but if it were for quota reasons then he would have met his quota and it would be of no consequence to him if the ticket were dismissed by the Court later on, right? (It just seems odd that he chose such an ordinary driver doing the same thing hundreds of people do every day on that same stretch of highway. There are usually people on my bumper even at that speed, which is why I'm very quick to get into the right lane after passing.) My second possible misconception is that it is considered acceptable to speed "up" temporarily on a major highway while in the passing lane until you have passed the slow-moving vehicles as long as you return to the right lane and resume the speed limit after passing. (Maybe I only think this because I see people doing it all the time?) If this is not the case then I have no defense/excuse and may as well just pay the ticket, learn my lesson and call it a day? Thanks again for your help!
Thank you for your prompt response Simon, much appreciated. Perhaps you can clear up a couple of misconceptions I may have, i.e. I have heard that Police Officer's who are sitting, watching for speeders may have "quota's" to meet and this sometimes may cause them to be unusually harsh in order to meet that quota?
You mentioned that Officer's don't give tickets which they think you can beat, but if it were for quota reasons then he would have met his quota and it would be of no consequence to him if the ticket were dismissed by the Court later on, right? (It just seems odd that he chose such an ordinary driver doing the same thing hundreds of people do every day on that same stretch of highway. There are usually people on my bumper even at that speed, which is why I'm very quick to get into the right lane after passing.)
My second possible misconception is that it is considered acceptable to speed "up" temporarily on a major highway while in the passing lane until you have passed the slow-moving vehicles as long as you return to the right lane and resume the speed limit after passing. (Maybe I only think this because I see people doing it all the time?)
If this is not the case then I have no defense/excuse and may as well just pay the ticket, learn my lesson and call it a day?
I take that route all the time to go to school and I hate to sound rude but 131km/h is a little fast even for passing, an OK passing speed is 120 max then pull over and slow down to 110. If traffic is already going so fast that 131 is a passing speed then you just do not need to pass anyone, plain and simple. Now to fight this go to the MTO and get a print off of your driver's abstract, it will have any tickets you've had for the pass 3 years and any accidents, if its clean go to court and try to get the ticket reduced to something manageable. Also before you go request a disclosure of the officers notes and any evidence you can get so you know what you are going into and can prepare. Once you have all that and you still feel worried by all means post some info up on here and we will give you advice. Also, one quick question. Where was the cop hiding on that route? I drive it 4 days a week and any possible hiding spots they can safely use I can spot them from 2+km away. Also how far did he follow you to the garden offramp? I'm curious that's all.
I take that route all the time to go to school and I hate to sound rude but 131km/h is a little fast even for passing, an OK passing speed is 120 max then pull over and slow down to 110. If traffic is already going so fast that 131 is a passing speed then you just do not need to pass anyone, plain and simple.
Now to fight this go to the MTO and get a print off of your driver's abstract, it will have any tickets you've had for the pass 3 years and any accidents, if its clean go to court and try to get the ticket reduced to something manageable. Also before you go request a disclosure of the officers notes and any evidence you can get so you know what you are going into and can prepare.
Once you have all that and you still feel worried by all means post some info up on here and we will give you advice.
Also, one quick question. Where was the cop hiding on that route? I drive it 4 days a week and any possible hiding spots they can safely use I can spot them from 2+km away. Also how far did he follow you to the garden offramp? I'm curious that's all.
Read this article I wrote here on quotas: http://simonborys.wordpress.com/2010/04 ... f-tickets/ You'll see that there really isn't any but sometimes there is an expectation for officers to write a certain number of tickets. If that's what the officer was doing it may explain why he didn't use his discretion to give you a warning but it doesn't mean he's going to be handing out bogus tickets. Also, with respect to passing, there is no exemption to exceed the speed limit to pass - or for any other reason. The speed limit is the MAXIMUM speed you can lawfully attain.
You'll see that there really isn't any but sometimes there is an expectation for officers to write a certain number of tickets. If that's what the officer was doing it may explain why he didn't use his discretion to give you a warning but it doesn't mean he's going to be handing out bogus tickets.
Also, with respect to passing, there is no exemption to exceed the speed limit to pass - or for any other reason. The speed limit is the MAXIMUM speed you can lawfully attain.
Quotas have been frequently talked about, and the consensus is that police in Ontario simply don't have them. Click the link to Simon's blog (bottom of his post) and you'll see an entry on the very topic. The simple answer is that various officers have various tolerances for speeding. Some will stop you for 10 over, others won't even flinch until you're going at least 30 over. Officers assigned to traffic details may have a lower threshold since that's their primary duty. There is no exemption to the speed limit for passing provided by the HTA. You're expected to obey the limit at all times. Speeding is what's known as an absolute liability offence, which basically means there is no way to justify it short of your life being in jeopardy. The reality is that many people temporarily exceed the limit to pass another vehicle, but it's illegal to do so. As for going to Court, you don't necessarily have to proceed with a trial. You can request a first attendance meeting to speak with the Crown and seek a reduction. If you have a clean driving record and the charge wasn't the result of an accident, the Crown will typically offer you a reduced fine (perhaps something like 20 over) in exchange for a guilty plea. You shouldn't need to spend money on your driver's abstract as the Crown will typically have their own copy along with the officer's notes and other relevant information. Edit: Or in short, what Simon just said. Everyone keeps beating me to the post. :)
Quotas have been frequently talked about, and the consensus is that police in Ontario simply don't have them. Click the link to Simon's blog (bottom of his post) and you'll see an entry on the very topic. The simple answer is that various officers have various tolerances for speeding. Some will stop you for 10 over, others won't even flinch until you're going at least 30 over. Officers assigned to traffic details may have a lower threshold since that's their primary duty.
There is no exemption to the speed limit for passing provided by the HTA. You're expected to obey the limit at all times. Speeding is what's known as an absolute liability offence, which basically means there is no way to justify it short of your life being in jeopardy. The reality is that many people temporarily exceed the limit to pass another vehicle, but it's illegal to do so.
As for going to Court, you don't necessarily have to proceed with a trial. You can request a first attendance meeting to speak with the Crown and seek a reduction. If you have a clean driving record and the charge wasn't the result of an accident, the Crown will typically offer you a reduced fine (perhaps something like 20 over) in exchange for a guilty plea. You shouldn't need to spend money on your driver's abstract as the Crown will typically have their own copy along with the officer's notes and other relevant information.
Edit: Or in short, what Simon just said. Everyone keeps beating me to the post.
Thank you again for your great answers! http://mapq.st/gB6fIJ I sure hope this link works because if it does I think I have pinpointed on Mapquest exactly where the Police Officer stations himself (almost) every day. He isn't attempting to hide at all yet somehow you really don't notice him until you're almost right in front of him. This morning I passed his spot at 8:10 a.m. approx. There were two officers with one cruiser and they were giving a ticket to a man in a small burgundy car. They had pulled him over very close to where they sit in the median. Yesterday he followed me all the way from this spot (sure hope you can see it!) to Garden Ave. exit before signaling me to pull over (which was not good for me because I exit at Wayne Gretzky so this made me even later!) I'm sorry I don't know how to calculate the distance, but maybe if you can see this map you can tell how far he followed me, but it was FAR! I really thought he wasn't going to pull me over because he followed for so long it looked like he was just going somewhere. I drive this route anywhere between 8:00 and 9:00 a.m. every day and I see him there about 80% of the time. I guess I just got complacent because he's never even looked at me and there are so many people who really fly down this stretch, maybe because it's a really straight section of road that makes for good, safe passing and potential speeding (if you're an idiot like me and not thinking). I don't have any accidents or tickets, not even parking tickets. Is it possible to say his detection device was faulty??? :lol:
I sure hope this link works because if it does I think I have pinpointed on Mapquest exactly where the Police Officer stations himself (almost) every day. He isn't attempting to hide at all yet somehow you really don't notice him until you're almost right in front of him.
This morning I passed his spot at 8:10 a.m. approx. There were two officers with one cruiser and they were giving a ticket to a man in a small burgundy car. They had pulled him over very close to where they sit in the median.
Yesterday he followed me all the way from this spot (sure hope you can see it!) to Garden Ave. exit before signaling me to pull over (which was not good for me because I exit at Wayne Gretzky so this made me even later!) I'm sorry I don't know how to calculate the distance, but maybe if you can see this map you can tell how far he followed me, but it was FAR! I really thought he wasn't going to pull me over because he followed for so long it looked like he was just going somewhere.
I drive this route anywhere between 8:00 and 9:00 a.m. every day and I see him there about 80% of the time. I guess I just got complacent because he's never even looked at me and there are so many people who really fly down this stretch, maybe because it's a really straight section of road that makes for good, safe passing and potential speeding (if you're an idiot like me and not thinking).
I don't have any accidents or tickets, not even parking tickets. Is it possible to say his detection device was faulty???
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…