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Ontario Highway Traffic Act

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Need help to decode police note and diretion
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PostPosted: Sun Jan 17, 2016 12:04 am 
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I got the disclosure from the prosecutor office 1 page from the officer, 2 pages from the Genesis 2 manual showing the 8.1 test and 8.2 road test. I was travel north west on 4 lanes highway speed limit 80km. There was another car side by side with me . The officer was south east bound. It was 6:35 AM (complete dark). Highway has no street light and sunrise was not until 7:36 (weather web site). The officer made U turn and stop me. At first he said he clocked me at 182 but went he got back to give me the ticket (at 6:51) he show me 157/80 (stunt driving). He said due to my clean record, he dropped it to 129/80. If anyone can help me understand the note so I can prepare for the trial on 22/01/2016. Also I welcome any suggestion, advice... Thank you
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Attachment:
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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 12:44 am 
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Are you planning on going to trial with this?


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 9:28 am 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
The notes look good. I would personally plead guilty on this one. 49 over is considered a minor offence by many insurance companies.

The time from charges being laid to trial is less than six months. You need to understand that you are playing with fire here. You could try to game the system and show up and hope the officer doesn't show up. They can game you right back and withdraw the charge of speeding and issue a summons for stunt driving. Stunt driving can lead to insurance cancellation, licence suspensions and possible jail time.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 9:47 am 
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ynotp Can you tell me what the note said? line by line if you can Thank you


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 11:55 am 
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Location: Ontario
No but in essence the notes say:
You were going 77 over the limit.
You said you were late for work he cut you a break because of your record.
That the device was tested before and after.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 1:18 pm 
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Hi bend, yes I plan to go to trial. It is next Friday 22/01/20.16.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 1:19 pm 
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What are you planning to argue for your defence ?

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


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 1:46 pm 
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The officer couldn't identify what car due to lack of light and distance at that time. Did he test the machine correctly as per manual.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 2:48 pm 
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AnD wrote:
Hi bend, yes I plan to go to trial. It is next Friday 22/01/20.16.


You do realize they are going go ahead with charging with Stunt Driving 157 in an 80, right?

It's your ticket and I don't want to tell you what to do... but wow.

I wish you luck at your trial.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 3:15 pm 
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Is that bad? You did not see anything on the note can help me cast some doubt?


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 3:29 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
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Speeding 49 over = $359
Speeding 77 over = $750.75 + victim surcharge + court fees
Stunt Driving = minimum $2000, up to 2 year license suspension, possible 6 months in jail.

So it's either you pay the $359, or you could go to trial and risk getting charged minimum $3000, plus any suspension/jail they offer if you lose. I'd go in and see if they offer a reduction off the 49, and if they don't, just plead guilty for 49 over.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 4:23 pm 
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UnluckyDuck wrote:
I'd go in and see if they offer a reduction off the 49


I wouldn't. I would have plead guilty to this yesterday.


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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 5:29 pm 
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100%. The consequences of losing at trial are very significant and you are clutching at straws

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Re: Need help to decode police note and diretion
PostPosted: Sun Jan 17, 2016 11:08 pm 
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I am a huge fan of always pleading not guilty and of always fighting every ticket. However the consequences of losing this are very very serious!

Since the officer dropped the charge to "Speeding 49 over" the consequences of pleading guilty are considerably less than if you lose at trial because they can (and will) amend the charge to 77 over and stunt driving. See what UnluckyDuck posted above.

So unless you have hired an excellent lawyer with a winning record on charges like this OR you have lots of experience in the court room with your own winning record, then you will most likely lose in court.

99% of people that I watch defend themselves in court will always lose because they do not know what they are doing.

Yes it could possibly be argued about the other vehicle, however I do not see anything in the officers notes about it, so now it will become "you said there was a second vehicle, but the officer does not recall a second vehicle" ... so guess who they are going to believe?

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


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Re: Need help to decode police note and diretion
PostPosted: Mon Jan 18, 2016 12:25 am 
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jsherk thank you and thanks everyone for your time and comment. I am moving toward pleading however just for the fun and learning could you look at the 4th line of the police note. He did mention a white sedan w/b (west bound?) my car is red mention in the first line...The road was dark, I mean dark with no light. The sunrise still an hour to come I don't know how the officer can see the speed of the 2 cars with 4 head lights straight at him.


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