Speeding 145KM/h - 45KM over in a 100KM zone - York Region

August2018
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Speeding 145KM/h - 45KM over in a 100KM zone - York Region

Unread post by August2018 on

Hello everyone and thanks in advance for any help you can offer.

What are my options for speeding? The ticket was for 45KM over in a 100KM zone, so 145KM/h. Ticket was not reduced. It was issued on Aug. 8 on the 401 eastbound after Morningside Ave. around 740pm. It's the York Region, the Court house would be the York Civic Centre, 2700 Eglinton Ave.

The officer used a gun, or that's my guess. There are four lanes of traffic on the 401 at that location, so I'm wondering is it possible that he hit the wrong car? Does the gun record the license number?

Something else I though odd was the way he was parked. He had the cruiser perpendicular to the multilane highway, under a bridge. Isn't that a safety concern? If know why he was parked that way, to better allow him to point and shoot, but still!

I'm planning on taking this to Trail, but I'll be representing myself. Any pointers or advice would be very appreciated.


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Unread post by bend on

August2018 wrote:
Wed Aug 15, 2018 2:01 pm
so I'm wondering is it possible that he hit the wrong car?
The spread on a laser device (if that's how he calculated your speed) over large amounts of distances is extremely minimal. The officer will also have more information in his notes which aren't usually limited to just pointing a device. You should probably read those before you assume all the details pertaining to your stop.
August2018 wrote:
Wed Aug 15, 2018 2:01 pm
Does the gun record the license number?
They do not.
August2018 wrote:
Wed Aug 15, 2018 2:01 pm
Something else I though odd was the way he was parked. He had the cruiser perpendicular to the multilane highway, under a bridge. Isn't that a safety concern?
It's irrelevant to the charge. If you wish to make a complaint (valid or not), there are ways you can do that. Again, it will have nothing to do with your charge.


August2018
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Unread post by August2018 on

Thanks.

I'll look into filling a complaint. I believe the link for doing so is: https://www.yrp.ca/en/services/compliments.asp

Let's face it, if this was a citizen who parked perpendicular on the shoulder of a 400 series highway, that person would be ticketed.


August2018
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Unread post by August2018 on

I have another question. If I'm going to take this to trail, do I need to file this with 15 days as well?


August2018
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Unread post by August2018 on

I'm considering hiring legal counsel for 45KM/h over in a 100KM/h zone. Who's the best for a reasonable price? Trail would be in the York Region Court house, 2700 Eglinton Ave.


bend
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Unread post by bend on

What is your end game?

Your average "ticket fighter" is only going to benefit you so much for a basic speeding ticket. They aren't going to put in the time and effort defending this in some trial. At some point it's not worth it for both parties.

They'll likely just go to the courthouse and get a deal to have your speed reduced slightly. It's nothing you can't do yourself and you'll save a couple hundred bucks in the process.

Most people here would agree that hiring representatives for the right charge is essential, but speeding 45km over isn't exactly worthy of such measures.

Although, it's your ticket and if you'd feel more comfortable hiring someone, you can do that too.


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Unread post by August2018 on

So helpful here :) Thanks.

The end game is to either get it dismissed or reduced substantially. The defense I'll use is; I have a speed warning on my car set at 110MK/h and cruise control was set at 110KM/h. The officer probably targeted me, but at that instant the laser hit another car.

I have a few more question:
1. If I decide to request a meeting with the prosecutor, instead of the trail option, can I, If I'm not satisfied with the outcome, request a trail?
2. If I decide to go to trail, do I request full disclosure using another form or is it on the same form used to request a trail?
3. I'm also moving at the end of Sept. Do I let the court know my new address now or after moving or do they full the current address that's associated with your driver's license? I'm worried that I'll miss any mail pertaining to the case.


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Unread post by bend on

August2018 wrote:
Fri Aug 17, 2018 2:20 pm
The end game is to either get it dismissed or reduced substantially. The defense I'll use is; I have a speed warning on my car set at 110MK/h and cruise control was set at 110KM/h. The officer probably targeted me, but at that instant the laser hit another car.
Speeding is an absolute liability offense. That means you were either doing the speed limit or you weren't. If you say you were doing 110km, you'll be found guilty.

Also, your argument that the officer captured another vehicle isn't based on anything. For starters, you don't even have a copy of the officers notes. You don't know the details regarding your stop to even make that assumption.
August2018 wrote:
Fri Aug 17, 2018 2:20 pm
1. If I decide to request a meeting with the prosecutor, instead of the trail option, can I, If I'm not satisfied with the outcome, request a trail?
If you don't accept the offer, you'll go home and wait for your trial date in the mail.
August2018 wrote:
Fri Aug 17, 2018 2:20 pm
2. If I decide to go to trail, do I request full disclosure using another form or is it on the same form used to request a trail?
A disclosure request will be made on its own.
August2018 wrote:
Fri Aug 17, 2018 2:20 pm
3. I'm also moving at the end of Sept. Do I let the court know my new address now or after moving or do they full the current address that's associated with your driver's license? I'm worried that I'll miss any mail pertaining to the case.
You'll fill out a Notice of Intention to Appear form when you request a trial. The form will have a spot for your current address. When you move, you'll notify them of an address change.


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Unread post by Zatota on

Aside from everything else that's been discussed, you keep referring to York Region. You were in the City of Toronto. "York" here refers to the former City of York, which is now part of Toronto. The courthouse is in the York Civic Centre, an administrative building for the City of Toronto, formerly City Hall for the City of York. The officer who pulled you over would have been from either Toronto Police or OPP. The link you showed is to York Regional Police; that's the wrong police service.


al123
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Unread post by al123 on

August2018 wrote:
Fri Aug 17, 2018 2:20 pm
So helpful here :) Thanks.

The end game is to either get it dismissed or reduced substantially. The defense I'll use is; I have a speed warning on my car set at 110MK/h and cruise control was set at 110KM/h. The officer probably targeted me, but at that instant the laser hit another car.
Hypothetically speaking, I don't think this defense will work because while your cruise control and speed warning are set at 110 km/h, neither of them stop you from accelerating beyond that.






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