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Speeding 146 KM/HR IN 100 KM/H Zone
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PostPosted: Tue Nov 10, 2009 11:32 pm 
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here is another thread, which is now locked and redirected to this thread
http://www.ontariohighwaytrafficact.com/topic1398.html
HwyBear
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**************************************

Hello

I posted here before didnt get alot of help.


So Ill give it another try

On September 4th 2009 (11:04 pm)
Kitchener 401

I was going 146KM/HR IN A 100 KM/H Zone
Going to Car Auction to Pick up a car.
I had a Dealers plate on.

No ownership (Didnt really think I needed one when you used a Dealers Plate)...(I got the Copy of the ownership so im geussing they will drop this ticket once I show the court??...They do that in Toronto not sure about Kitchener)

It was Pitch Black -No Lights on the HWY-
I was in the FAR LEFT LANE
There was another car beside me middle lane
Another car FAR Right lane.
I was doing 146 and geussing the other drive (middle 135-140) and right lane was 130-135...

OPP was parked on the right side under a bridge or so....

Got pulled over... etc.... . . .. .

Got a ticket .. 146Km/Hr

My Court date is DECEMBER 8TH 2009 10AM
Do I stand a Chane at having this ticket dropped to NO PTS?
Alot of people who fight traffic tickets told me its nearly impossible to get it to zero or 15 over in Kitchener ?(Court is in CAMBRIDGE)
I Have ordered the notes (emailed about 3 times since november started ... no response I do know it takes up to 6-8 Weeks...

If I do not receive my notes before Dec 8 or I receive them acouple of days before dec8 Can I file for an extension court date...
Because my decsion lays on the police notes if I will hire a person to fight it...

PLUS is my only way getting out of this ticket .. is by the cop not showing up (highly unlikely he doesnt from what I hear) or if there is an error on the police notes?

Also, the cop took down my VIN # (Im geussing hes really ganna show up with this move)
If he makes a mistake on that Can it effect how they will trust his information on my "Speed"..???

Am I allowed to offer the prosector to allow me to pay the Fine $342.00 (- The demerit Points?) Or allow me to pay the fine on the ticket and drop it to 15Over?


Any advice?... Would be REALLY Helpful.


Thanks


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PostPosted: Thu Nov 12, 2009 3:44 pm 
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Location: Guelph, Ontario
The crown will likely offer you a 29 over if you go to FA meeting.

You are right in that you need to either find errors in the notes, or not receive the disclosure at all. Or the cop no-show. Not sure about Cambridge, but in Guelph the chances of that are next to 0, and in Toronto close to 50%.

Are you sure that they respond to emails? I'd fax it just to be sure.

A paralegal might be able to deal with this charge a little better, especially if you do receive a proper, complete, and accurate disclosure.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Sat Nov 21, 2009 6:02 am 
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copied over from thread
http://www.ontariohighwaytrafficact.com ... ply&t=1639

ah2512 wrote:
Hi


I was wondering can I use this as anything?

Officer put "Going to london to pay for car"
I told him I was going to Kitchener to Pay & Pick up for car?

Or is that useless information?


Thanks

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Last edited by hwybear on Mon Nov 23, 2009 7:00 am, edited 1 time in total.

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PostPosted: Sat Nov 21, 2009 12:19 pm 
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ah2512 wrote:
PLUS is my only way getting out of this ticket .. is by the cop not showing up (highly unlikely he doesnt from what I hear) or if there is an error on the police notes?


Not necessarily. For disclosure on speeding cases, you are entitled to the officer's notes, and the radar/laser manual. The notes have to show that the device was tested before and after the stop (not necessarily immediately before and after), the officer observed your vehicle speeding, activated the speed measuring device and obtained a reading, followed you and pulled you over without losing sight of your vehicle, and that he identified you. The manual is in case you have questions about the procedures the officer used when testing/using the device.

ah2512 wrote:
Also, the cop took down my VIN # (Im geussing hes really ganna show up with this move)


Not necessarily. Some officers make more detailed notes than others. This particular move would make sense because the vehicle had a dealer tag on it.

ah2512 wrote:
If he makes a mistake on that Can it effect how they will trust his information on my "Speed"..???


You'd really have to cross-examine the officer thoroughly. One little mistake on taking down the VIN is not going to be sufficient to discredit him.


ah2512 wrote:
Am I allowed to offer the prosector to allow me to pay the Fine $342.00 (- The demerit Points?) Or allow me to pay the fine on the ticket and drop it to 15Over?


Courts and Prosecutors can't do anything about demerit points. MTO assigns demerit points and it is automatic after an infraction goes on your record. There is no discretion to reduce or change it (well, unless you get a reduced charge). If you are convicted/plead guilty to 46 over, you will get 4 demerit points no matter what they fine you. Any out-of-court settlement will use the set fine, so if you do get it down to 15 over, it will be a total payable of $52.50. At 46 over, as racer indicated, they will likely go for 29 over in a plea bargain... if you're lucky, 19 over, but they're both 3 demerit points.

ah2512 wrote:
Officer put "Going to london to pay for car"
I told him I was going to Kitchener to Pay & Pick up for car?

Or is that useless information?


That's also not sufficient to warrant dismissal of the charge.

ah2512 wrote:
I Have ordered the notes (emailed about 3 times since november started ...


Do you have proof that they received the e-mail? If not, the Crown could say "oh we never got that, it must've been a computer glitch, snicker, snicker." Fax, registered mail, or dropping it off at the courthouse (with proof) are usually the preferred methods. If you have proof that the e-mail was sent and received, then you should be able to use it to file for a stay based on incomplete disclosure... but you have to give the Crown time to put the package together and send it to you. If they haven't had time, you can ask for an adjournment at trial.

If you're interested in a paralegal, there's a form at the bottom of the page to fill out for a free quote.


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PostPosted: Mon Nov 23, 2009 6:43 am 
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moved to this thread from
http://www.ontariohighwaytrafficact.com/topic1645.html

ah2512 wrote:
Hi

I was just wondering, How does it work if you dont attend court that day? Do I send someone to tell the prosecutor that I wasnt able to make it due to . . .. ?
Are they allowed to do this on the Day of court?

Thanks


Reflections wrote:
You can send some one else, but they better have a good reason for your absence.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Mon Nov 23, 2009 6:11 pm 
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Location: Guelph, Ontario
ah2512 wrote:
Hi

I was just wondering, How does it work if you dont attend court that day? Do I send someone to tell the prosecutor that I wasnt able to make it due to . . .. ?
Are they allowed to do this on the Day of court?

Thanks


Reflections wrote:
You can send some one else, but they better have a good reason for your absence.


If YOU do not attend, and no-one attends on your behalf, it may have some serious consequences, including jail time, so don't skip court.

Was it over one year since you received the ticket? You can file an application of stay of proceedings. You can download one HERE

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Mon Dec 21, 2009 3:32 pm 
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Locked new thread, moved from this topic to here:

http://www.ontariohighwaytrafficact.com/topic1747.html

ah2512 wrote:
Hi

I went to court on Dec 8th 2009
Cop didnt show they adjourned ..

I have a Yellow paper saying DEC 22/09 TO SET DATE
Are they telling me to go back to Cambridge just to set a date?

Or is it going to be trial too?


Seems like it's just to set a new trial date. :roll: No one said the system is efficient...

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Mon Dec 21, 2009 3:59 pm 
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Location: Toronto
One other thing to add... if they go to trial on another date and the officer is not there again, do not allow them to adjourn the trial.

Stand up and say something like: "Your Worship, with the deepest of respect I cannot agree. This is the second time I have come to Cambridge to present myself for trial, and again, I have been ready to proceed and the Crown has not been prepared and the officer has failed to show. They know that I am from out of town and it has cost me a considerable amount of time off work and money to attend court for this matter. The Crown appears to be waging a war of attrition and it seems like they just want me to give up as opposed to having a fair trial. It seems like an attempt to deny me justice. I would respectfully ask that the Crown either proceed with the trial at this time or that the charge be stayed."

By the way have they given you access to the manual?

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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