so first time dealing with a ticket not quite sure what to do, please help if you can, thanks. Here's my situation, Ill try to keep it short. I live in Scarborough, end of April driving to Kingston to visit a friend, first time driving that far and was following the traffic speed. Was driving on the left (fast) lane on the 2 lane hwy 401 east. Going downhill, saw cop on right side shoulder with stationed radar on tripod, started breaking to slow down. As I was slowing down going down hill, cop just waved his arm, not sure if he meant me but I saw the car in front of me break and kept driving, I thought it might be me and was stupid enough to pull over. Mean cop came over and yelled at me for breaking on the fast lane and pulling over and said I could have caused an accident. so sitting in car wondering if he was waving me down, then he sent his buddy, nicer cop over to write me a ticket. Got charged for 131km in 100km zone around Napanee area. I asked nicer cop if they were waving me down but he said he thinks so, he didn't see my situation but claimed his buddy, the meaner cop did and on my ticket the meaner cop is checked off as a witness. ok so I wasnt quite sure what to do, my friend helped me by calling the Napanee court office and they told her that I could mail my ticket in to request court date and that they would mail my ticket back along with the summon. so few days ago, got my summon in the mail without my ticket. So now I have a few question: 1) will both cop show up in court, or just the cop that wrote my ticket? 2) does anyone know how far the radar cover? Like would they be able to radar me if I was on the left lane and they were stationed on the very right shoulder? 3) my summon came with my address wrong, I am guessing this should not matter, but also my license plate number has one wrong letter. mine is AZCW but on the summon it reads A2CW, so can I argue that it is they got the wrong car? Also since I didnt get my ticket back, does it mean they have it on file? 4) Another thing is when i mailed my ticket in requesting a trial date, i didnt check the box that said i want to challenge the evidence of the officer and so summon came saying that i am not challenging the evidence of the cop and so no officer requested. What does this mean, like i have a court date, so does this mean i am actually requesting a date to just plead guilty? 5) Finally then, if i am just going there to plead guilty then should I just contact the Napanee court and say i made a mistake and that i actually want to challenge the evidence of the police? If anyone can help me with this, it would be greatly appreciated. thanks
so first time dealing with a ticket not quite sure what to do, please help if you can, thanks. Here's my situation, Ill try to keep it short.
I live in Scarborough, end of April driving to Kingston to visit a friend, first time driving that far and was following the traffic speed. Was driving on the left (fast) lane on the 2 lane hwy 401 east. Going downhill, saw cop on right side shoulder with stationed radar on tripod, started breaking to slow down. As I was slowing down going down hill, cop just waved his arm, not sure if he meant me but I saw the car in front of me break and kept driving, I thought it might be me and was stupid enough to pull over. Mean cop came over and yelled at me for breaking on the fast lane and pulling over and said I could have caused an accident. so sitting in car wondering if he was waving me down, then he sent his buddy, nicer cop over to write me a ticket.
Got charged for 131km in 100km zone around Napanee area. I asked nicer cop if they were waving me down but he said he thinks so, he didn't see my situation but claimed his buddy, the meaner cop did and on my ticket the meaner cop is checked off as a witness.
ok so I wasnt quite sure what to do, my friend helped me by calling the Napanee court office and they told her that I could mail my ticket in to request court date and that they would mail my ticket back along with the summon. so few days ago, got my summon in the mail without my ticket.
So now I have a few question:
1) will both cop show up in court, or just the cop that wrote my ticket?
2) does anyone know how far the radar cover? Like would they be able to radar me if I was on the left lane and they were stationed on the very right shoulder?
3) my summon came with my address wrong, I am guessing this should not matter, but also my license plate number has one wrong letter. mine is AZCW but on the summon it reads A2CW, so can I argue that it is they got the wrong car? Also since I didnt get my ticket back, does it mean they have it on file?
4) Another thing is when i mailed my ticket in requesting a trial date, i didnt check the box that said i want to challenge the evidence of the officer and so summon came saying that i am not challenging the evidence of the cop and so no officer requested. What does this mean, like i have a court date, so does this mean i am actually requesting a date to just plead guilty?
5) Finally then, if i am just going there to plead guilty then should I just contact the Napanee court and say i made a mistake and that i actually want to challenge the evidence of the police?
If anyone can help me with this, it would be greatly appreciated. thanks
Both of them will have to show up. Depending on the scope the officer was using, at least 1 kilometre. It sounds like they were using LIDAR instead of radar, though. Address & licence plate don't matter. You should definitely ask for the ticket back, as well as a copy of the officer's notes (typed if not legible) and the radar/LIDAR manual, in your disclosure request. Disclosure is where you ask the Crown for all of the relevant evidence against you. Check out this website for some tips: www.ticketcombat.com I'd call the court and get that changed. (You'll have to do some paperwork.) This should be correctable if you take care of it ASAP. It doesn't necessarily mean you're requesting a court date just to plead guilty. For example, if you were going to accept all of the officer's evidence, but plead not guilty, basically the only thing I can think that you'd be arguing for speeding is that yes, you were speeding, but that you had to because of some life-threatening emergency ("defence of necessity"). Yes, see above. Again, do it ASAP. Hope that helps...
Harukaze wrote:
1) will both cop show up in court, or just the cop that wrote my ticket?
Both of them will have to show up.
Harukaze wrote:
2) does anyone know how far the radar cover? Like would they be able to radar me if I was on the left lane and they were stationed on the very right shoulder?
Depending on the scope the officer was using, at least 1 kilometre. It sounds like they were using LIDAR instead of radar, though.
Harukaze wrote:
3) my summon came with my address wrong, I am guessing this should not matter, but also my license plate number has one wrong letter. mine is AZCW but on the summon it reads A2CW, so can I argue that it is they got the wrong car? Also since I didnt get my ticket back, does it mean they have it on file?
Address & licence plate don't matter. You should definitely ask for the ticket back, as well as a copy of the officer's notes (typed if not legible) and the radar/LIDAR manual, in your disclosure request. Disclosure is where you ask the Crown for all of the relevant evidence against you. Check out this website for some tips:
4) Another thing is when i mailed my ticket in requesting a trial date, i didnt check the box that said i want to challenge the evidence of the officer and so summon came saying that i am not challenging the evidence of the cop and so no officer requested. What does this mean, like i have a court date, so does this mean i am actually requesting a date to just plead guilty?
I'd call the court and get that changed. (You'll have to do some paperwork.) This should be correctable if you take care of it ASAP.
It doesn't necessarily mean you're requesting a court date just to plead guilty. For example, if you were going to accept all of the officer's evidence, but plead not guilty, basically the only thing I can think that you'd be arguing for speeding is that yes, you were speeding, but that you had to because of some life-threatening emergency ("defence of necessity").
Harukaze wrote:
5) Finally then, if i am just going there to plead guilty then should I just contact the Napanee court and say i made a mistake and that i actually want to challenge the evidence of the police?
Yes, see above. Again, do it ASAP.
Hope that helps...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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