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Ontario Highway Traffic Act

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speeding in brockville ON - 133 in a 100 zone on the 401
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PostPosted: Sun Jan 30, 2011 1:25 am 
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Joined: Wed Jan 20, 2010 9:41 pm
Posts: 13
Hey All,
I got my speeding ticket heading to montreal (eastbound) on the 401 in brockville by 1000 islands, and was charged with 133km/h in a 100km/h zone. I know I wasn't going that fast, as the weather was pretty bad (i.e. snow, slushy roads, etc). Anyhow, I need to file an option 3 (intent to fight it).

My problem is that I live downtown Toronto - how do I go about trying to fight a ticket that is way out of my area? Is there anyway I can request to have the ticket at a date of my convenience (i.e. not to clash with my school exams)? As for my request for disclosure, do I need to go to court to request it, or can I request it via mail.

Basically, do I need to be appear in court ot fight it, request disclosure, and do any other related defending items - or can it be done remotely through mail, internet or local court room?

Thanks


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Re: speeding in brockville ON - 133 in a 100 zone on the 401
PostPosted: Tue Feb 01, 2011 6:40 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
paradigm wrote:
My problem is that I live downtown Toronto - how do I go about trying to fight a ticket that is way out of my area?


Two ways: 1. Hire a paralegal to fight it for you. They'll attend court so you don't have to. 2. Fight it on your own - you'll have to travel to Brockville to fight it.

paradigm wrote:
Is there anyway I can request to have the ticket at a date of my convenience (i.e. not to clash with my school exams)?


No. If you opt for a trial, it is scheduled when the system can accommodate you. If you can't make it then, someone has to appear on your behalf to request an adjournment, but, again, the new trial date will fall on a date that suits the system. If you or your representative does not attend, a conviction will be entered against you.

paradigm wrote:
As for my request for disclosure, do I need to go to court to request it, or can I request it via mail.


That can be done via registered mail or fax. However, the Prosecutor's office may not mail you the disclosure package, in which case, again, you will have to go pick it up in Brockville.

If you fight a ticket that is from outside of where you live, you have to go there. They won't bring the trial to you.

_________________
* 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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Re: speeding in brockville ON - 133 in a 100 zone on the 401
PostPosted: Tue Apr 19, 2011 8:13 pm 
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Joined: Wed Jan 20, 2010 9:41 pm
Posts: 13
Guys, I need help here in requesting disclosure. Some sort of Radar (not sure if it was Radar, LIDAR, Laser, etc) was being used, in really poor weather conditions, when it was turning dark (think winter time, around 4pm, dark cloudy skies, and falling snow). Anyhow, what should I request on the disclosure?

Thanks!


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Re: speeding in brockville ON - 133 in a 100 zone on the 401
PostPosted: Tue Apr 19, 2011 8:51 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You don't really need much for a basic speeding ticket. All you really need is the officer's notes and usually the manual for whatever speed measuring device was being used. The notes should either have been recorded in the officer's notebook, or possibly on the back of the ticket itself. It's unlikely you'll get the the entire manual, but probably just a copy of the testing procedure (which is what you'd argue in Court anyways). Some people request a typed copy of the officer's notes, but they're not typically provided unless there is a real issue reading the notes.

Since you're bringing up weather, just thought I should mention that will NOT affect the accuracy of either radar or laser, simply the range. And my money is that you were caught with a dash mounted radar. If the weather was that bad nobody would be standing around with a handheld. :wink:


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