speeding 134 in 100KM/hr

Farley
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speeding 134 in 100KM/hr

Unread post by Farley on

Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.

I'm hoping to get some insight for a defense in this case.

I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into lane 2 and almost hit me trying to move into lane 1. This all happened just before passing the PC parked under the bridge.

It was about 5 minutes afterwards ( and I was going 115) that the cop pulls up behind me and puts the lights on.

My question is, how could he pinpoint my car when I had one in front and behind.... obviously going the same speed or less than the two. I know at the time I was going 115 - 120 not what he states as 134. Would line of sight come into play? Also how does he know it was ME he clocked at that speed considering it was 5 minutes after that fact? Would he mark down the plate # before getting on his bike.


I will be fighting this ticket, just any advice before I ask for disclosure would help.


bend
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Unread post by bend on

In all fairness, you haven't had a chance to go over disclosure and are making a case out of assumptions.

You don't know where, when, or how your speed was calculated. Perhaps you should wait till the appropriate information is made available to you and start from there.

Also, speeding is an absolute liability offense. You were either speeding or you weren't. "I was going maybe 120, but not 134.." means you're already guilty. If this is your strategy going into trial, you're wasting your time. If you're looking for a lower speed to be charged with, you'll probably be offered one anyways before your trial. There's no need to go all the way to trial to just shoot yourself in the foot.


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Unread post by Farley on

My strategy is not the speeding (if you go 101 in a posted 100 you are speeding) but more so on if he ever lost sight of the vehicle. I wasn't going what he said I was going. But I'll await disclosure info before assuming anything else.


Farley
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Unread post by Farley on

What are peoples opinions on:

A) early resolution meeting with the prosecutor

OR

B) plead not guilty and request a trial


bend
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Unread post by bend on

Farley wrote:What are peoples opinions on:

A) early resolution meeting with the prosecutor

OR

B) plead not guilty and request a trial
In your situation (speeding that i'd assumed hasn't already been reduced), you'll almost always be offered a plea deal right before your trial anyways. Requesting a trial keeps all your options open, which is why anyone with experience will always just plead not guilty, request disclosure, and go from there. If nothing goes your way, you can accept a deal on your trial date. In the slim chance they don't offer you a deal, you can just plead guilty right then and there and not proceed. If your ticket had been reduced on the scene, the original speed would be brought back up during a trial.

If you find the whole ordeal of a looming ticket stressful, you could probably get a reduced charge now with a resolution meeting and move on with your life.


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bobajob
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Unread post by bobajob on

your right and I think the (highlighted bit) applies to me, I just want the whole thing over and done with.
my first ever ticket (incorrect turn) 3 years ago, I just paid (the reduced fine they had an option) becuase where I come from, you dont fight ticketx becuase you ALWAYS end up worse, at least this time I'm going for an OPTION2 and still am getting heart palputations (its in a couple of weeks time)

I think for seasoned people and experts in not a big deal, but for the rest of us, the system is geared to be as intimadting as posiible.

good advise though
bend wrote:In your situation (speeding that i'd assumed hasn't already been reduced), you'll almost always be offered a plea deal right before your trial anyways. Requesting a trial keeps all your options open, which is why anyone with experience will always just plead not guilty, request disclosure, and go from there. If nothing goes your way, you can accept a deal on your trial date. In the slim chance they don't offer you a deal, you can just plead guilty right then and there and not proceed. If your ticket had been reduced on the scene, the original speed would be brought back up during a trial.

If you find the whole ordeal of a looming ticket stressful, you could probably get a reduced charge now with a resolution meeting and move on with your life.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


Farley
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Unread post by Farley on

Well I got my disclosure for this offense. When I read it my jaw dropped to the floor, the PC states in it that he had trouble catching me, and that I speed up to try to loose him! This is ridiculous! Not only did he pull the wrong car over ( I was no where near 134km) but now states that I sped up!
Here is my disclosure, any advice would help. I noticed that he never stated if he lost sight of the car.....there was a steady stream of traffic in L1 for him to pull out into. Also, when I went to plead not guilty and request a trial, I timed how long it took from when I saw him under the bridge to where he pulled me over... 2 1/2 minutes. And by that time there were only 3 cars left on the road out of around 20 (the others had pulled off of the Hwy).
To my knowledge Policing is fact based, for him to speculate in his notes puts up a red flag for me right there.
I'm in the process of becoming a PC myself and there is no way I would put myself in a situation by speeding excessively or even think of trying to outrun the Police.
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Farley
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Unread post by Farley on

Any of the experts have any advice on how to fight this?


Farley
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Unread post by Farley on

In my disclosure the officer says that he tested the unit prior to going out, but there is nothing about testing after his shift. Should this have been included in his disclosure if it was done?






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