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Passing and Speeding - Two Cars Pulled Over
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PostPosted: Thu Mar 14, 2013 10:03 am 
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Newbie

Joined: Thu Mar 14, 2013 9:41 am
Posts: 2
Hi All,

Here is my story. I pulled out to pass two vehicles in my car. It was raining and I was going downhill. As I’m passing I look in my mirror and a van is coming up behind me to pass also. I look ahead and an OPP car is coming at me. I pull in front of the lead car to complete the pass, as does the van. I slow down to 90 and continue. I looked in the mirror and see the OPP car pulling a u-turn with his lights on. The OPP car has to also pass the two cars that I passed. About two Kms down the road the OPP car pulls both the van and I over. Two officers in the car. One comes to me and the other goes to the van. The officer said that I was speeding. I explained that I was passing a vehicle downhill and being pushed by the van. The officer said he locked the speed unit at 123 km/hr in an 80 zone. I asked if it was the van or me going that speed. He replied that we were both speeding. I questioned how he could get two readings at the same time. He explained that he could with this unit by resetting it and getting another reading. The officer was getting angry and said that he clocked me at 134 Km/hr and that I was lucky that he didn’t impound my car. After the officer gave me the ticket I went back to the cruiser to confirm the speeds that he told me. When I again asked him if it was me or the van going that speed he replied “Both”.
I have my court date set and have asked for disclosure. Can anyone point me to some case law to defend myself from this overzealous and wrong officer.
Thanks


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Re: Passing and Speeding - Two Cars Pulled Over
PostPosted: Thu Mar 14, 2013 11:01 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I don’t know if there’s a particular piece of case law that would really assist you. The fact that you were passing and going downhill isn’t a defence. Basically you’re just trying to raise reasonable doubt that the officer accurately recorded the speed of your vehicle. You probably were speeding, but you’re going to need to argue that they obtained the van’s speed or that they can’t reasonably say which vehicle’s speed was obtained.

Start by requesting disclosure and seeing what both officer’s notes say. Once you see what their evidence is, you can start working on a defence.


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Re: Passing and Speeding - Two Cars Pulled Over
PostPosted: Thu Mar 14, 2013 11:15 am 
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Joined: Thu Mar 14, 2013 9:41 am
Posts: 2
Thanks for the info. I have asked for the disclosures. I have been waiting a month for them and my court date is a month away. I have a feeling that they won't produce the documents until a week before my court date.


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Re: Passing and Speeding - Two Cars Pulled Over
PostPosted: Tue Mar 19, 2013 3:58 pm 
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Newbie

Joined: Tue Mar 19, 2013 12:57 pm
Posts: 4
You probably know this, but if you don't get your copy of the disclosure in time for your trial, then you can ask for a later trial date then try for a charter of rights defence if your new trial date is over 8 months from the date of your offence.

It's not an easy process but there are plenty of sites out the with detailed instructions on how to do it.


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Re: Passing and Speeding - Two Cars Pulled Over
PostPosted: Tue Mar 19, 2013 8:17 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1061
DVP160 wrote:
try for a charter of rights defence if your new trial date is over 8 months from the date of your offence.


8 months is not unreasonable.


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