I was ticketed 130 on the 401 but an OPP officer that I was following. He did not overtake me...I was actually behind him after he passed me! I intend to challenge this and that I was going the "normal flow of traffic" and that his estimate of my speed is unreliable. Can the officer claim he "clocked" by reference to his own speed? I intend to challenge his estimate of my speed on the basis that a visual reference, in rearview mirror no less, and the variability of a speedometer provides an unacceptable margin for error, especially given that I am right on the bubble for 4 points. The officer stated that he reduced it by a few km, but didn't specify what my speed was, so I sense that there's a rounding factor going on here if he can't affirm and exact speed. Whats the actual burden of proof for a non-radar measure?
I was ticketed 130 on the 401 but an OPP officer that I was following.
He did not overtake me...I was actually behind him after he passed me! I intend to challenge this and that I was going the "normal flow of traffic" and that his estimate of my speed is unreliable.
Can the officer claim he "clocked" by reference to his own speed? I intend to challenge his estimate of my speed on the basis that a visual reference, in rearview mirror no less, and the variability of a speedometer provides an unacceptable margin for error, especially given that I am right on the bubble for 4 points. The officer stated that he reduced it by a few km, but didn't specify what my speed was, so I sense that there's a rounding factor going on here if he can't affirm and exact speed.
Whats the actual burden of proof for a non-radar measure?
Police do have rear facing radar, I got nabbed last year, 124 behind him, 119 after I passed him. :) I'm sure the people here can offer more insight such as disclosure etc...
Police do have rear facing radar, I got nabbed last year, 124 behind him, 119 after I passed him. I'm sure the people here can offer more insight such as disclosure etc...
Science will fly you to the moon, religion will fly you into buildings.
Police cruiser speedometers are calibrated pieces of equipment and are accepted in court as an accurate measure of a vehicles speed through pacing. What an officer needs to prove the charge is to state how long he was following you for, that he maintained a constant distance and what he observed his speedometer to read. Obviously, the limitation of reading a speedometer is that it's analog, not digital like a radar, which is why officers often round down, to remove the error. The margin of error is not in the device, it's just in the observation. There's nothing wrong with that as long as they can say it was "at least" as much as they charged you with. So if it was around 132...133...135 or something like that, but definitely over 130 and he charges you at 130, it will stand up.
BEN wrote:
Whats the actual burden of proof for a non-radar measure?
Police cruiser speedometers are calibrated pieces of equipment and are accepted in court as an accurate measure of a vehicles speed through pacing. What an officer needs to prove the charge is to state how long he was following you for, that he maintained a constant distance and what he observed his speedometer to read.
Obviously, the limitation of reading a speedometer is that it's analog, not digital like a radar, which is why officers often round down, to remove the error. The margin of error is not in the device, it's just in the observation. There's nothing wrong with that as long as they can say it was "at least" as much as they charged you with. So if it was around 132...133...135 or something like that, but definitely over 130 and he charges you at 130, it will stand up.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
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The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
I'm sure the people here can offer more insight such as disclosure etc...
