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Ontario Highway Traffic Act

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OPP Ticketed Wrong Car
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PostPosted: Mon Dec 07, 2009 1:25 pm 
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Location: Peterborough
Back in the summer I was stopped by the OPP on the 401 eastbound at Cobourg, where 3 lanes rudeces to 2. I was in the left lane because there were trucks going from the right lane to the centre lane because the far right becomes the off ramp for Burnham St. Behind me a Lexus suv going much faster than me pulls up close, as soon as I had cleared the merging trucks I was going to pull to the middle lane than the right because I was exiting at Burnham St. The Lexus chopped into the middle lane first and proceded to pass me, no big deal, I was content to let him go by then change lanes. Just as he begins to pull ahead of me he jams on the brakes, I thought....wtf? Then I see the marked cruiser sitting on the centre shoulder next to the wall, no big deal I was only going 120. I exited at Burnham only to have him follow me up the ramp, pulled me over and told me he clocked me at 143. Now I said to him we both know I was not going 143, however he claims I was the only car on the road he saw. Now for the details, I was driving a Corvette, a C5 which is about 22" lower than a Lexus RX. Obviously I was speeding, 120 is 20 over but is the normal rate of flow in that area.
My trial date was Dec 3, I obtained the services of a traffic ticket agent, but disclosure was not given until the morning of the trial date during a recess. Adjournment was granted and a new trial is going to be in April.
In the officer's notes it states I was the only car in view, which hampers my defense because I have proof a Corvette is hard to clock on RADAR if there is taller traffic around it . Now I know some people are skeptics and think I was going 143, but I can assure you I was going 120.
Any advice so I can challenge the officer's testimony that I was the ONLY car on the road? Time of ticket 14:11, mid June.


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PostPosted: Mon Dec 07, 2009 5:36 pm 
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SmokeScreen wrote:
Any advice so I can challenge the officer's testimony that I was the ONLY car on the road? Time of ticket 14:11, mid June.
What day of the week??? If you get your hands on a Radar manual it should mention in there that large targets are easier to get a reading on then smaller ones. However, if you have representation then it would be better to let them handle this.....How far down the road, from the point where the officer checked speeds, did the stop take place? Anything more then 2 KM would suggest there was other traffic at the time.

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PostPosted: Mon Dec 07, 2009 7:25 pm 
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Location: Peterborough
Tuesday, the stop occured about 1.3 km from his speedtrap spot. Right at the 1 km marker to the exit he was sitting, add another .3 to the end of the of ramp where he stopped me. The radar manual does say (apparently) that low, sloped roofline cars are more difficult targets, I have a RADAR expert to testify that a Corvtte makes for hard target to pick out of traffic. But at this point the officer's notes say I was the only car on the road, he also states tht he was located t a "gentle curve" that allowed trafic into veiw one at a time, I drive that spot regularily and the far right comes into neiw first, then the midle then the far left (my lane). At the time there was even traffic ahead of me in my lane, and the middle as well. He would have had a very limited mount of time to pick my car out, after all he was looking through either his side view or rear veiw mirror, possibly through a partition or cage.


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PostPosted: Mon Dec 07, 2009 7:29 pm 
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Reflections wrote:
How far down the road, from the point where the officer checked speeds, did the stop take place? Anything more then 2 KM would suggest there was other traffic at the time.


that has absolutely NOTHING to do with it. I routinely take farther, sometimes it has been 5-10k before I stop a car.....why? not for volume of traffic, but my dispatch is busy with other units, so I wait my turn and I will not stop any vehicle until my dispatch has checked the plate first, then I tell them where I am. Then should I need urgent help, everyone knows where I am.

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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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