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Ontario Highway Traffic Act

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Nailed doing 46 over in a post 60 that changed to 80
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PostPosted: Thu Jan 08, 2009 6:42 pm 
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The officer was approaching me head on. He did have a radar mounted in the inside of his car. I was the 2nd car and matched the speed of the fella in front of me. The officer then pulled a SLOW U turn and caught up to me a long time down the road. He totally lost sight of my car and did tell me when he approached my car that I was caught doing 106 in a 60. I was wondering if that's allowed? Can he issue a ticket several minuets later, father down the road after he lost sight of me? What is the likely hood that he caught the speed of the fella in front of me VS actually me? And why do they pull over the nicer car....lol?

PS. What is the ruling on accelerating before a posted speed increase? 106 in an 80 isn't so bad.


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PostPosted: Thu Jan 08, 2009 11:35 pm 
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He can issue the ticket, but it's a lot easier to challenge in court if you want to contest it than if he never lost sight of you. If there were two of you doing the same speed, and you were the trailing car, he stopped you because you were probably the first of the two that he came upon... just easier that way.

According to the Highway Traffic Act, the rule for accelerating is that if you are in a 60 zone entering an 80, you must maintain a speed of 60 or less until you hit the 80 zone, then you can accelerate. Of course no one does it that way, but that's what the law says.

46 over, if you just pay it, is not only 4 demerit points and a big fine, but the insurance companies consider this a serious speeding offence and will blow the roof off your premiums. I'd suggest pleading not guilty and then request disclosure of the Crown's evidence. That at least gets the process started.


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PostPosted: Sat Jan 10, 2009 9:31 pm 
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Location: In YOUR rearview mirror!
If you are the second car that makes it that much easier for a speed reading, especially in the above situation. Just activate the radar obtain a speed reading on the approaching vehicles (pending what type of radar etc) Keep the radar activated until vehicle one has passed the cruiser, thus the second vehicle is now the solo vehicle, thus confirming the reading and eliminating the first vehicle altogether from the picture.

Once turned around, a vast majority of police catch up and then check the plate of the subject vehicle, sometimes there is a longer delay if another unit is "on the air". Once information is returned (make, model, validation, owner) we sometimes ask for a check on the owner, which takes a little bit longer. So after all that, there is the location of the stop, safe spot, lighting, driveways etc to consider. End all, many reasons not to stop someone at that moment.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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