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Ontario Highway Traffic Act

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Pulled over on 401 by london never been to court
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PostPosted: Mon Aug 24, 2009 3:51 am 
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I was driving on the 401 with my cruise control set to 110. I was in the far right lane and i was approaching 2 transport trucks side by side. Both trucks seemed to be traveling at the same speed. I started to move over to the middle lane making my way over to the far left. I check my mirror and see a white van speeding down the left lane. I wait for him to pass and i follow behind him as we pass the trucks. He quickly changes lanes and slows down immediately in the middle lane in front of the trucks. I see a police officer jump in his car and start making his way onto the 401. I pull over to the middle lane in front of the white van and take my foot off the gas to go back to my cruise control speed. Next thing I know the police cruiser is coming down the left lane and goes behind me in front of the white van. I am at this point driving 110km/h. The cruiser follows me for approximately 3minutes and then flashes his lights. I pull over and he comes up to me and says what is the rush. I said I wasn't going much over the speed limit the white van in front of me was going much faster as we made our way down the passing lanes. He looked at me and said there was no white van. No one was in front of you. I said how fast did you catch me going. He said 130Km/h my heart jumped i was driving an old sunfire which after 115km/h feels like it is falling apart. He then left me there and came back with a 130km/h fine. I know and my gf next to me knows there is no way i went from 110 to 130 in a matter of seconds.

My question now is I know i am innocent and that I have to fight this charge against me but i have never been to court what should i expect?

How long will it take?

And if he comes in saying there was no white van who will the crown believe?

Also am i allowed to request info on the radar he used? And can my gf come as a witness?

I just want to know all the proper steps i should take to prove my innocence. I will settle for nothing other than my innocence i will take no deals.


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PostPosted: Mon Aug 24, 2009 8:51 am 
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Joined: Mon Apr 28, 2008 2:23 pm
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If he said there was no white van, then you won't find any evidence of the white van in his note or his testimony. You can bring up the white van in your own testimony at trial, but it'd better be relevant to your case or your argument regarding the white van is meaningless. The cop is smart enough to say in court that he had the speed gun on your car (not the white van, white van not existed according to him). Maybe the disclosure will shed some light on this because if the speed gun was a radar it may pick up the speed of the neigbouring vehicle, but if it was a laser it can pick out the car in a group. Be prepared.

You can request for disclosure including speed gun, his training on the speed gun, speed gun testing, its repair history, procedures...

Your gf can be witness, but i suggest to bring her in only if she has solid convincing evidence. The JP will weight her testimony on the overall evidence.

For more info read the threads in the forum or visit www.ticketcombat.com

Good luck


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