Questionable 80/50 & more....

marnow
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Questionable 80/50 & more....

Unread post by marnow on

Hello,

Looking for some help / advice. I'm US citizen, living in Michigan. I got a speeding ticket in September in London area...the short story, I met the OP officer on when he was exiting the 402 highway, he was on motorcycle He followed / tailgated me for a few kilometers on highway where was posted speed 80km. I was very careful to not exceed the posted limit...(I've logged speed and path from my GPS, it shows between 79-81 km/h!). After about 3 km (about 200 meters before intersection) the speed limit changed to 50 km/h...I quickly started slowing down, but I know that I can't slam on the brakes, to put my safety (drove with family and 5 years old kid) and his safety on the table. In a few second after passing the posted 50 km/h speed limit...he pulled me over and wrote ticket 80/50 and $220 fine...as far as I know it is 4 points! Crazy! I was so upset!

Because I live more than 75 km I chose the Early Resolution option, my telephone meeting is scheduled on Wednesday 13th. I also requested the Disclosure...and here is the huge surprise:

1) Really hard to read, I was able to decipher a little bit only - asked a few people, non of them can read this!

2) He is saying I was going 90 km/h and I was pulling away!!! Even my GPS log shows 79/81 and I was very careful!

3) Then he is saying, he knows that his speedometer is about 4 km off! so the real speed was probably 86 km/h!

4) He concluded that I was 70 km/h in 50 zone! Somewhat true I probably was, because I started slowing down when I've seen the sign...but I can't slow down enough!

On the end of he is saying something about testing motorcycle speedometer with radar

Again he wrote me 80/50 km/h on the ticket!

I really want to avoid the points, all the information will be transferred to Michigan, they have agreement with Ontario. I know also that I can reject the prosecutor offer and go for trial...and show to the judge all the evidence..

I can attach the original OPP note if needed.

Thank you for your help, suggestions and advice!

Mario


marnow
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Unread post by marnow on

Anyone?


argyll
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Unread post by argyll on

If you scan and post the disclosure (with personal details redacted) then people can help with that.

It is your responsibility to slow down when the speed limit changes. Having someone behind you does not absolve you of that responsibility.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Unread post by marnow on

Notes attached...
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Unread post by argyll on

Patrolling eastbound on Glendon Drive in village of Komoka, slowing for 50 and noticed blue Mazda 3 ahead not slowing and in 50 km/hr zone. Caught up and placed for approx 3 seconds @ 90 km/hr (speedometer on motorcycle) @ approx 2 car lengths - traveling @ 80 ??? and motor vehicle pulling away. Speedometer on motorcycle about 4 km/hr fast shows 90 and probably 86 ???.

Driver with family from Michegan here to visit friends.
ID ?? photo ??? DL
Stated in 70 - he pointed to 70 km/hr sign - he was still inside 50 km/hr zone.
Weather Conditions Sunny Warm Clear
Road Conditions Two way Two lane undivided asphalt highway level straight.
Tested speedometer with radar and found to be 2 kms/hr slow radar serial number 625-24354
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Unread post by argyll on

I only see 80 and 50 zones on that road in that area, so I'm not sure where the 70 is coming into the picture.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


marnow
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Unread post by marnow on

Yes, there is more questions then answers....

He fallowed me for about 2-3 km before pulled over. I maintained solid 79-81 km/h speed in 80km zone and I have a log from my GPS with speed and location data, real proof for my speed, it was not 90 km/h, it is not true, is not logical to see police on your tail and drive over limit!

After I passed 50km sign I started slowing down.....this is the reference to 70km I guess....but he wrote 80 in 50km zone!

He wrote that his speedometer is "probably" off 4 km/h...so how he charged me on "probably" questionable speedometer when he admits in writing about its accuracy? If you are accusing someone of wrongdoing you have to have a clear evidence, no questionable "probably".

Never had speeding ticket in my life!


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Unread post by marnow on

Here is the proof of my speed:

T 2017-09-22 23:04:53 42.937100000 -81.442016667 797.2 50.9 45.0 10 > 81.9 km/h
T 2017-09-22 23:05:53 42.945500000 -81.430616667 790.7 47.1 44.0 10 > 75.8 km/h
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argyll
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Unread post by argyll on

That is irrelevant. You need the GPS data to show you were doing 50 in a 50 - which you have admitted you weren't.
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Unread post by marnow on

Actually it is, because he says he followed me @ 90km/h, with inaccurate speedometer.....which is not true. You don't see that or you are biased and defend his position?


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Unread post by argyll on

Well if you're going to be rude and accuse me of bias when I've taken the time to respond to you then you're on your own.

You have admitted you were speeding in the 50 km/hr zone - everything else is irrelevant.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Unread post by marnow on



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Unread post by bend on

Argyll is 100% correct, so i'm not sure why you've taken offense to the answer you were given.

Speeding is called an absolute liability offense in Ontario. That means you were either speeding or you weren't. Either you were doing 50 or you weren't. There's no " I was speeding, but....".
marnow wrote:I was not speeding....I was clocked just after the sign changed....is it legal? Not in US... There is a 500 feet rule
You were speeding.

There is no such thing as a buffer zone in Ontario. Quickly looking over your link, it's in reference to an Illinois traffic law. That's the kind of thing that would vary from state to state. It doesn't mean it's the same throughout the country. However, that's neither here nor there. It wouldn't be a defense.


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Unread post by argyll on

So how did it go ?
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Unread post by marnow on

Good! 65/50 fine, 0 points.






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