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Ontario Highway Traffic Act

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Speeding ticket, 31km/h over
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PostPosted: Wed Oct 22, 2008 1:06 pm 
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Hey all,
I was going at about 110 on the high way on the left lane, and there was a car in front of me that I was following at about 5 seconds away. This is when I realized about 4 or 5 cars in front of me in the middle lane (lane to the right of my lane) there was a black highway cop car. My first instinct was to slow down, but I saw that the car in front of me passed the cop car without getting pulled over, and by then I already slowed down a bit by releasing the gas pedle so I thought there wouldn't be a problem because it was only going to be several km/h over, but instead, as soon as I passed the cop car, he pulled up behind me and pulled me over, and the crazy part is that he claimed that I was going at 131km/h!!! I was furious but I didn't argue or anything, only thing I said to him during our conversation was a couple of "OK's" and "alright's". That was my first offense. I have a couple of questions regarding this:

Question 1: Should I speak to the prosecutor first to tell him/her my story to see if they can cut me a deal? (I didn't know about first attendance when I handed in my ticket)

Question 2: What are the chances and what kind of deal do you guys she's going to give me?

Question 3: If I take it to court, what do you think the result there will be?

Thank you all very much for reading this lengthy post, I would really appreciate any comments and feedbacks! =)


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PostPosted: Wed Oct 22, 2008 2:28 pm 
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Did you post this elsewhere by any chance?

Ask for disclosure first, see what evidence the cop has against you. Remember, he must have the reading from the radar. Him saying something like "I was going 135, he was a bit slower, thus 131" won't do.

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PostPosted: Mon Mar 30, 2009 2:02 pm 
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That sounds wierd.

To me it sounds like a mid to heavy traffic 3 lane highway like 401 in GTA.

He was using radar most likely and was using an option perhaps for fastest vehicle etc?

I always wondered how those work in high traffic. He could have gotten the wrong guy or you could have acclerated a bit. Perhaps he thought you were the fastest one when in fact it was another guy.

I think you have a good chance to fight this on the court. I would say he got the wrong vehicle or confused.

Did this happen at night time?

With multiple cars i wouldnt rule it out.

Did he follow you for a while or stay in front of you while using his radar to MAKE SURE you were the one going that fast?

I know especially with radar some officers want to be sure they got the right car so they will follow or watch you for a bit to make sure it wasn't someone else or you just did it for a second to pass a truck, etc.

I am sure officers get this alot but sometimes if it's not lidar and radar in a heavy traffic situation you can't be sure.

I mean lets say an officer is sitting on the shoulder using a radar unit for the fastest vehicle. Lets say you have multiple cars in the left lane going between 125-140. But the problem is they are slowing down, speeding up, changing lanes. It could be very easy IMO to not be exactly sure which vehicle at that time was doing it.

Mind you perhaps thats why i dont really see officers with heavy traffic using radar units at the side of the road. Although i do often wonder how they can be sure depending on the situation.

Sorry for the long post but i think you might have a chance. That would suck to be convicted of something you infact didn't do.

What road did you get the ticket? how much traffic? what time of day? and was it a lidar or radar unit he got you with?


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PostPosted: Mon Mar 30, 2009 5:55 pm 
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I'm pretty sure we're talking about rear facing radar in the cruiser.

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PostPosted: Mon Mar 30, 2009 8:12 pm 
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Location: In YOUR rearview mirror!
tdrive2 wrote:
I always wondered how those work in high traffic. He could have gotten the wrong guy or you could have acclerated a bit. Perhaps he thought you were the fastest one when in fact it was another guy.

I think you have a good chance to fight this on the court. I would say he got the wrong vehicle or confused.


This is one process of elimination of a vehicle to ensure you get the correct vehicle with the correct speed......for example if the officer was receiving a reading of 128km/hr and 131km/hr, the first vehicle passes past the cruiser and no longer is there a 128km reading appearing and only a 131km reading, this confirms that the 1st veh was 128 and 2nd veh 131km.

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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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