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Ontario Highway Traffic Act

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53 Over Down To 49 - Wrong Car!
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PostPosted: Sat Jul 09, 2011 12:13 am 
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Joined: Mon Jun 13, 2011 7:44 pm
Posts: 13
I had a ticket the other day by the same officer in nearly the same place as my wife, somehow I was told that I was driving 113km/h in a 60km/h zone. I had to stop at a stop sign before making a turn onto another road. At this point I turned left onto a road with a 90km/h zone (I travel the roads all the time and know that area quite well but I still double checked that it was a 90km/h zone later). While waiting for a few cars to drive by before making my turn I saw another car, that looks fairly close to mine, that passed the other 4 vehicles in front of it and it was doing about 140-150km/h in the 90km/h zone I would say based on the way it made them seem like they were standing still. About 1kms down that road I got pulled over by an officer who proceeded to give me a ticket for 109km/h in the 60km/h zone to be 'nice' to avoid a street racing charge. I tried to tell the officer that she picked the wrong vehicle and that I was never in the small town where the 60km/h zone was hoping that she might believe me and save a lot of hassle, but I knew it was a long shot and it didn't pay off anyways. If I turned right at the road that I stopped at and drove about 1km I would hit a 60km/h zone in a very small town (where my wife got her speeding ticket lol). She said that she was able to keep a line of sight on me at all times and that I was indeed the car she was going after. Now I clearly know that she's mistaken since I was never in a 60km/h zone.

Now I'm wondering how to best deal with this. I've already requested a court date but I was wondering how best to show that I was on a different road and was never at the location on the ticket where the 60km/h zone was. It seemed like she was genuinely convinced that she had the right car so to me it's her word against mine and mine means less to the JP I would think. I know that it is possible that if I lose that it is possible to have the ticket brought up to the 53km/h over the speed limit and face even more issues but knowing I wasn't the car that the officer was actually after makes me want to risk that knowing that it's a "he said she said" situation probably. Where I live I can take 2 routes that have almost the same drive time so I can't even try to say that since I was at "Place A" that the only logical route to take was "Place B" so I was really hoping for any kind of advise.

I'm the type of person who if completely innocent will not admit to guilt and suffer for someone else speeding. I'm hoping that someone has some sort of an idea to help me mount a defense on this as I don't intend to even consider a plea deal with the prosecution since it still says that I'm guilty for something that was technically impossible. I am going to talk to them and hope they believe me but I highly doubt it knowing that they have probably heard every possible excuse under the sun.

I know that I should get a disclosure but in this case I'm not sure if I should get anything other than the typical stuff like officer notes. I know that I should leave doubt about the officer's memory for that day but other than bringing up something like the weather and hoping for her to say "sunny" when it was raining I'm not sure what other tools I have to defend myself. Any help or assistance would be great as I'm going to assume that in a worst case scenario that I have to show up for the charge and that the officer will show up and still genuinely believe that she got the right car and for me to know the truth and have no way to show it.

Any help would be a life saver.

Thanks,

RWR


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Re: 53 Over Down To 49 - Wrong Car!
PostPosted: Sat Jul 09, 2011 2:04 pm 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
Maybe go back to the stop sign where you stopped. Get out and see if you can see the spot where the trap was.
You will need disclosure in any case, if you want to argue a case like this.

Cheers
Viper1

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