I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide! I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd., looking for the entrance to the EC Row Hwy., and after driving for about 10 hours and being a little distracted, wondering how I would convert the MPH to KM/H my directions were printed in, I missed the entrance. :oops: I proceeded to the first set of lights and not daring to get lost by veering off too far from the directions given, I pulled a u-turn (perhaps illegally). Heading to the on-ramp that would get me home I felt an air of relief and threatened my wife with losing navigation duties if she made me miss another turn (how cruel, I know). :x As I started exiting the curve of the on-ramp I accelerated in anticipation of entering the highway at the end of the acceleration lane. There was a black car seemingly disabled on the right shoulder just before the thick broken white lines started. It was at this point that I noticed in passing that it was an unmarked police vehicle, and I was being gunned/radared (not sure of the correct term) from an officer standing in the middle of the highway. Being Mr. Heavyfoot, I eased off the gas looking at my speedometer, relaxing my now tensed foot hovering over the brake pedal in the peace that I was not speeding (100km/h) above highway entrance speed. 8) But my peace was instantly shattered as I noticed the movement of the formally dead cruiser, just as I entered the motorway. I noticed there were a few cops cars congregated in this one area and I knew that it was a speed trap. The poor fellow I passed with a marked vehicle behind him was about to be joined in that embarrassing position as the unmarked cruiser turned on all his cherries and pulled me over. It during this pull over that I noticed the highway was under construction and the temporary speed limit was 70 km/h. I was sure he wasnt pulling me over for this violation because I was just entering the highway without any way of knowing the speed limit… but… I was wrong. I was being ticketed for doing exactly 101km/h in a 70. I tried (with an obvious air of frustration) to get an explanation as to how I could be pulled over for accelerating to normal highways speeds without any signage stating a lowered speed limit on the on-ramp. This only infuriated the officer who seemed to already be upset and in no mood for conversation. He asked for the normal identification and paperwork, at which time I let him know that I was driving a rental and everything would be in order. But to my relentless questions as to the validity and explanation for my being pulled over, I excited a desire in the officer to see if he could get me on street racing charges, by checking the on-ramp for any posted speed signs. This he did by asking a fellow officer on a motorcycle to go back and check for any signs, just before he walked away with my paperwork and my last ounce of respect. :evil: Luckily, God had my wife with me in the car, who calmed me down with an assurance that I hadnt done anything wrong and that I might not even be ticketed (I sometimes wish I was that na¯ve). I told her the normal proceedings for an officer with this big of a chip on his shoulders would be to return and quickly inform me that all the information I needed was on the back of the ticket and to slow down next time ( I swear I must be psychic sometimes). He returned and made my explanation to my wife of how things happen turn to a prophecy which my wife was astonished could be done by a man in uniform (again ignorance is bliss). It wasnt until I looked at the ticket here in Toronto that I noticed he gave me two tickets; one for speeding 31 km over, and the other for not producing insurance for the vehicle. It was a rental like I stated and all the paperwork was/is in order. Can you write someone a ticket for an offense he hasnt committed? I wanted to know what chances I have at beating these tickets. Is there anything I need in particular besides my story and obvious rental agreement to beat this in court? Is there something else that can be done here? Any and all advice would be greatly appreciated. Thanks to those who reply in advance. Oh yes, heavy legal jargon only adds stress to the uninitiated like me, so please dumb down the answers for me and those who might read this thread in the future. Thanks again :wink:
Your right, the cop has to put the set fine on the ticket because the set fine is for those who settle out of court. If the cop put the higher HTA fine on the ticket the accused would pay more than need be when settling out of court. But why doesnt the government craft the ticket certificate so that both amounts can be shown along with an explanation of each sum? Justices can even apply fines below the set fine. Its totally bizarre. There is too much power within the hands of judges. I support set fines, and set mandatory minimum sentences for all offences and no conditional discharges. Dont do the crime if you can do the time or pay the fine. You raise an excellent point about s. 12 of the Charter and seeking justice. Many courts claim s. 12 only deals with prison terms or detentions, such as being arrested when there is no right of arrest. I disagree. It should apply to any treatment or punishment under law.
Your right, the cop has to put the set fine on the ticket because the set fine is for those who settle out of court. If the cop put the higher HTA fine on the ticket the accused would pay more than need be when settling out of court.
But why doesnt the government craft the ticket certificate so that both amounts can be shown along with an explanation of each sum?
Justices can even apply fines below the set fine.
Its totally bizarre.
There is too much power within the hands of judges. I support set fines, and set mandatory minimum sentences for all offences and no conditional discharges.
Dont do the crime if you can do the time or pay the fine.
You raise an excellent point about s. 12 of the Charter and seeking justice. Many courts claim s. 12 only deals with prison terms or detentions, such as being arrested when there is no right of arrest.
I disagree. It should apply to any treatment or punishment under law.
Lawmen - thank you for putting a good post together which is clear, concise, gets your point across and all without a single cut a paste of some section!! WooHoo, your coming around :D
Lawmen - thank you for putting a good post together which is clear, concise, gets your point across and all without a single cut a paste of some section!! WooHoo, your coming around
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I think that this issue is the "fear" point of most people who wish to fight their ticket. The complexity of a speed fine.... :!: ...... this "should" be easy. And this in from 'bear, "So just pony up and pay your ticket"..........
I think that this issue is the "fear" point of most people who wish to fight their ticket. The complexity of a speed fine.... ...... this "should" be easy.
And this in from 'bear, "So just pony up and pay your ticket"..........
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I created a section on my website to provide comprehensive information on fines. At first I was just going to duplicate the charts for set fines, victim surcharge and court costs. As I got into it, it ended up being much more than that. I try to illuminate a mirky situation. But you can judge for yourselves.
Reflections wrote:
I think that this issue is the "fear" point of most people who wish to fight their ticket. The complexity of a speed fine.... ...... this "should" be easy.
I created a section on my website to provide comprehensive information on fines. At first I was just going to duplicate the charts for set fines, victim surcharge and court costs. As I got into it, it ended up being much more than that. I try to illuminate a mirky situation. But you can judge for yourselves.
I just received a parking ticket for parking outside of the space, to me that is crazy because I was parked in the corner of the lot, was not blocking anyone or a through way, so I thought there is no harm. I've seen people park there all day and not get a ticket.
Hello, i like many others a bad habit of attracting unwanted attention, and tickets. i drove a dark Eagle Talon that my girlfriend used to call a Bat-mobile. im also under 25 years old. well i drive for a living, and i want to do whatever i can to keep my abstract clean. so i sold the car, and im…
I was hoping to receive some advice on the unfortunate situation that I currently find myself in.
Last night, at 7pm, I was at an intersection waiting for the oncoming traffic to clear so that I could turn left. I thought that I was waiting at the intersection behind only one other vehicle (a van)…
So i received my first speeding ticket...officer claimed I was doing 73 km/hr in a 50 zone. He did reduce it to 63 - should fight it? The ticket did not mention a cross road. Its just states N.B on Caledonia. I don't believe d points are affected but I'm worried about insurance.
Exactly a week ago today, I was caught going 135 in an 80, on Highway 3 near Windsor, Ontario. I know this is just completely idiotic and there hasn't been a minute since I was charged that I haven't been smacking myself for this. I'm very, very remorseful and just overall torn about…
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Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual…
Hi, I just received a notice in the mail with pictures of my car going through a red light. Ticket is in my husband's name, as he is the car owner, but I drive this car. I'm guilty as can be... can't remember doing it, but apparently went right through intersection after light turned red. I…
...... this "should" be easy.
