Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

No radar? What's the proof requirement
Author Message
PostPosted: Sun Aug 08, 2010 9:57 am 
Offline
Newbie

Joined: Sun Aug 08, 2010 9:43 am
Posts: 1
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?


Top
 Profile  
 
PostPosted: Sun Aug 08, 2010 10:09 am 
Offline
Newbie

Joined: Sun May 02, 2010 11:12 am
Posts: 11
Location: Wellington Ontario
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.


Top
 Profile  
 
PostPosted: Sun Aug 08, 2010 10:51 am 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Pacing is quite common, which he probably used.........Search on here for posts and question regarding this.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
Re: No radar? What's the proof requirement
PostPosted: Mon Aug 09, 2010 6:35 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. proof of plate registration?

dude83

1

413

Thu May 20, 2010 2:24 am

Simon Borys View the latest post

This topic is locked, you cannot edit posts or make further replies. Requirement to Open Window?

Hz2P

12

1676

Sat Jun 27, 2015 10:26 pm

curiousottman View the latest post

There are no new unread posts for this topic. Proof for advanced green

[ Go to pageGo to page: 1, 2 ]

Freya

19

1375

Fri May 27, 2016 5:15 pm

Freya View the latest post

There are no new unread posts for this topic. proof of speeding 50km/h over posted

fish_bate

9

2078

Wed Mar 18, 2009 10:46 pm

tdrive2 View the latest post

There are no new unread posts for this topic. Actually innocent, would this be adequate proof ? Sue them?

ehmmm

4

722

Sun May 22, 2011 5:13 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Requirement for police to identify themselves when asked?

[ Go to pageGo to page: 1, 2 ]

jsherk

23

1860

Mon Jun 01, 2015 10:09 am

hwybear View the latest post

There are no new unread posts for this topic. Legal requirement to report accident to Insurer?

[ Go to pageGo to page: 1, 2 ]

6rob51

17

3063

Mon Jan 04, 2010 8:52 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Spelling error on proof of insurance - Ticketed

Canoe Tripper

4

712

Mon Feb 18, 2013 10:23 am

Canoe Tripper View the latest post

There are no new unread posts for this topic. Speed sign placement requirement/regulation

Observer135

2

295

Wed Feb 24, 2016 4:41 pm

Ontarioracer91 View the latest post

There are no new unread posts for this topic. RIDE checkpoint requirement- license insurance registration

jsherk

1

666

Thu Apr 09, 2015 5:23 pm

Mugwug View the latest post

There are no new unread posts for this topic. Requirement to provide three copies of case law for a motion

[ Go to pageGo to page: 1, 2 ]

jsherk

16

441

Sat Oct 01, 2016 5:55 pm

Zatota View the latest post

There are no new unread posts for this topic. Electronic Proof of Insurance Cards - accepted by LEOs?

[ Go to pageGo to page: 1, 2 ]

PrivacyGuy

19

1035

Sat Apr 08, 2017 9:18 am

devilsadvocate View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.