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.
Ok, so today i was driving down steeles ave and i got pulled over, the officer approached me and got my license and pulled it up.
he came back and said my license is suspended :O i had no idea or else i wouldnt be driving at all.....the reason for the license suspension was unpaid fines....
Hi everyone, after 12 years of clean driving, I got my first ticket. I had stepped out to grab a bite and left my valid licence in my other pocket. I had an expired "valid photo ID" licence in my vehicle that I keep just in case I need photo ID. I gave the officer that one and I told him my valid…
My teenager was in an accident last Sept where another car was rear-ended.
It was an accident in every sense...it was the middle of the weekday and the kids were looking for a chip truck in durham region. No speeding or racing, they were distracted trying to find it in an unfamiliar town and…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and…
this is ALL I got in terms of notes. No record of calibration before or after.
my question is, should I send a second request for the officer's notes from the day? or can I run with this and press the point that he didn't test the unit before or after?
Friend of mine was stopped and asked to blow into alcohol test meter just because he said he had 2 drinks earlier in the night (like 4,5 hours before being stopped). He wasn't behaving erratic or driving out of line. The officer said he noted him to pull behind few parked cars and then…
Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong…
...... this "should" be easy.
