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Ontario Highway Traffic Act

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Speeding 102KM in a 60 Zone
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PostPosted: Sun Nov 10, 2013 7:55 pm 
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Joined: Sun Nov 10, 2013 7:35 pm
Posts: 46
Today, I received my first speeding ticket in my 6 years of driving. It was going downhill under a bridge and the officer waits at the bottom of the hill because it's potentially the best place to get a speed trap. Anyhow, I was in the furthest right lane (3 lane road) and there were two cars infront of me. The lane I was in was closing (road closing to a 2 lane road) so everyone was speeding up when going down the hill to merge into traffic (as it was an average road. 10-15 cars within a 10 meter radius - in total in all 3 lanes combined). I slowed down when coming down the hill, as I'm aware of the speed track that's constantly there, and I was trying to merge into traffic behind the large cargo truck behind me (as the lane was closing). The two cars in front of me speed up and switched lanes quickly in front of the truck, because we were coming down a hill under a bridge, it was nearly impossible for the officer to see the vehicle speeding before it got under the bridge, and when I got under the bridge the officer was already on the road with his arm out signalling for me to pull over. I mentioned to the cop that my lane was closing, and I was merging behind the truck, and if I was really going 102 on a 60 - wouldn't I have been past the cargo truck beside me that was going.. maybe 50? He told me "to take it to court, and you won't win."

I'm planning on taking it to court, but is there any way I can prove that the officer potentially tagged one of the two cars infront of me who sped up to merge into traffic infront of the truck, and because I was the vehicle he saw in that lane when I entered his view (under the bridge) I was immediately assumed to have been the one speeding? Or is that a useless argument that people have probably used before and I should try arguing calibration/certified/he has no independent information without the radar?

First time fighting a ticket, and paralegals want $300 + HST to fight this ticket for me, when I honestly wasn't even speeding, and they might just accept a lesser charge, which I have no plan of accepting and therefore want to fight it myself.

Any advice would be helpful. Also, does the officer have to prove it was my car he detected with the radar? As I would find that nearly impossible to prove as because I was coming downhill, I could have seen him before he'd have seen me, and as soon as I saw him, he was already standing on the road with his arms out signalling stop.

Any advice would be helpful. If you do not feel I can win with my current argument, what technicalities or other arguments should I be using?

Thanks!


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