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Ontario Highway Traffic Act

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Speeding ticket
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PostPosted: Wed Apr 24, 2013 11:15 pm 
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Hey Guys, I need some help regarding an issue.

I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I responded with speeding. He said do you know how fast you were going and I said maybe 50 and hes like 75 in a 40 zone. He asked for my license and insurance and my Dad took out the ownership from the car and insurance and when I told the officer that, I was being extremely polite and not arguing with him on any facts or anything. He told me he would start writing up my ticket and I said I'll continue to search the car for the ownership. Overall he was very nice and I ended up calling my dad to the area. He did not give me a ticket for the ownership and insurance and told me that he reduced my ticket to a 10 kilometer over so it was a 50 in a 40 zone. My only concern now is that I would like to take this to court and have it tossed out if possible but I do not mind paying the fine. This is my first speeding ticket and I am 19 years old and I've had my G1 since I was 16 and now currently have my G license. I do not want this to go on my record for years to come and get destroyed by insurance companies. The officer on my ticket wrote the offence occurred in 2012 on April 24, however I can easily prove on that day at that given time, I was not on the road and somewhere else. The year on the ticket is incorrect and I wonder would this make my ticket invalid? I do not want to take the risk of opt-ing for a trial and then end up get the crown to pursue maximum penalty and then have my ticket re-issued for the original 35 over.

Any advice is appreciated guys,

Thank you,
Jay


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 12:31 am 
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Posts: 1062
zra wrote:
I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class.


:roll:

Or maybe it was because you were speeding.


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 12:48 am 
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bend wrote:
zra wrote:
I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class.


:roll:

Or maybe it was because you were speeding.


NO! They were being HARASSED and PROFILED!!!

I'll tell you what, where I work, if you submit a ticket that has the year of 2012 written on the top, it'll be rejected because tickets are supposed to be submitted within 7 days of issuing the ticket.

So maybe someone else can chime in here on what to do, whether to fight it or wait and see if the ticket even gets processed...

_________________
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 1:59 am 
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How would I know if the ticket gets processed or not? I dont mind the ticket. Im not gonna lie, I was going 50 in a 40 zone but dont tell me im going 74 and when all I want to do is verify the radar, he refused to show me it. I still said okay lets proceed no point of arguing. I dont mind the ticket since its my first offence. I was thinking i should just go and pay the fine or wait till i just get convicted. Realistically speaking, they wont reduce it any further since it has code R written on it. The only mistake is the year and I know if I go to trial, they can amend the date. I was thinking if I just say quiet and they process it with the date saying 2012 or even if I go and plead guilty and pay the fine at the court tomorrow, and make sure it says 2012 on my ticket, I just had my insurance renewal for 2013 - 2014 so it will only be on my record for one year which isn't bad i'd say. Anyone who has experience and can offer some guidance, please do!


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 2:36 am 
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Also I do not know if they makes any difference but he was not a halton regional police officer or OPP, he was Canadian Pacific Police officer and yes I was close to a railway line


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 6:34 am 
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Posts: 35
I love when people argue about their speed and say "no I was only going 50" and when you call their bluff and give them a ticket for 50 they still want to try and get out of it. Mind you if it obviously says 2012 and not just kinda looks like it then there may be an issue.

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How is it everyone else's fault YOU comitted an offence?


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 11:22 am 
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Firstly, he didnt call my bluff. I was definitely not going
74. My car has a digital spedometer and i was going 50. Im not upset at the ticket or trying to prove my innocence, im just asking if his mistake of the incorrect year makes any difference to the ticket or not. This forum as far as i know is not about bashing people or trying to make fun of their mistakes. The ticket clearly says 2012, theres no way you can mistake it for 2013.


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 1:44 pm 
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zra wrote:
How would I know if the ticket gets processed or not? I dont mind the ticket. Im not gonna lie, I was going 50 in a 40 zone but dont tell me im going 74 and when all I want to do is verify the radar, he refused to show me it. I still said okay lets proceed no point of arguing.


The officer was correct. They have no obligation to show you any device on the side of the road.

If you wish to know more details about your stop, you can request disclosure after you receive your notice for trial. All the details pertaining to how he came to the conclusion you were doing 74 (or 75) will be listed. If a radar device was used, all the relevant information will be written down. If he had paced your vehicle, that will also be mentioned.


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 5:02 pm 
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I don't feel like its worth me going for a trial. I mean if he wrote down in his notes 74 in a 40 zone, if i try to go to trial, they'll seek that penalty not the ticket for 10 over which I got. I only want to fight this ticket if there is a chance I can win by using the incorrect date since he wrote 2012 instead of 2013. Thank you for your help.


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Re: Speeding ticket
PostPosted: Thu Apr 25, 2013 11:38 pm 
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Joined: Wed Mar 06, 2013 12:08 am
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Location: Whitby
Hey Zra, I feel for you. I live at the bottom of Stevenson rd soth Oshawa. If you Google it you will see GM just South of the 401. There is a private rd that merges with Stevenson rd S. The speed limit is 60 but then becomes 120-150. Theses guys are Smoking down Stevnson rd with those new cars right off the GM line (Caveat Emptor) to be parked in large lots for rail car pick up.
Two sets of rail way tracks crossing the rd. Nooo body stops for the tracks except public bus. There is a ticket for that under the HTA for not stopping. When the GM shift is over out comes CP Rail officer sets up his radar and watches the track.
Zra get down to the goverment publications office in Toronto, valuable information to buy for pennies. If you cant make it go online or library and get The 2012 Annotated Ontario Highway Traffic Act By: Murray D. Segal, by the time you are 30 you will be pulled over again for whatever. Henerys has a mount for 70 bucks which you can attach your vid camera to and mount on dash. I have a class A with over 37 yrs exp driving heavy truck, many millions of miles under by belt. Life is about experiences and learning from them. I kid you not when the officer approaches your window please respond; SIR; this vehicle is equipped with AUDIO and VIDEO surveilliance. They all sing a different tune. :D My fellow drivers I only have one message.
Chance Favors The Prepared Mind :)


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Re: Speeding ticket
PostPosted: Fri Apr 26, 2013 12:44 am 
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Joined: Fri Sep 30, 2011 8:42 am
Posts: 138
SteveSmith wrote:
Hey Zra, I feel for you. I live at the bottom of Stevenson rd soth Oshawa. If you Google it you will see GM just South of the 401. There is a private rd that merges with Stevenson rd S. The speed limit is 60 but then becomes 120-150. Theses guys are Smoking down Stevnson rd with those new cars right off the GM line (Caveat Emptor) to be parked in large lots for rail car pick up.
Two sets of rail way tracks crossing the rd. Nooo body stops for the tracks except public bus. There is a ticket for that under the HTA for not stopping. When the GM shift is over out comes CP Rail officer sets up his radar and watches the track.
Zra get down to the goverment publications office in Toronto, valuable information to buy for pennies. If you cant make it go online or library and get The 2012 Annotated Ontario Highway Traffic Act By: Murray D. Segal, by the time you are 30 you will be pulled over again for whatever. Henerys has a mount for 70 bucks which you can attach your vid camera to and mount on dash. I have a class A with over 37 yrs exp driving heavy truck, many millions of miles under by belt. Life is about experiences and learning from them. I kid you not when the officer approaches your window please respond; SIR; this vehicle is equipped with AUDIO and VIDEO surveilliance. They all sing a different tune. :D My fellow drivers I only have one message.
Chance Favors The Prepared Mind :)


1. Private vehicles are not required by the H.T.A. to stop at railway crossings.

2. In Toronto, all police cars are equipped with audio and visual systems anyways, so I'm not sure how your system would magically change an officer's tune.

_________________
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


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Re: Speeding ticket
PostPosted: Fri Apr 26, 2013 7:17 am 
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Joined: Wed Mar 13, 2013 7:33 am
Posts: 35
The first reaction when someone sees a cop is hit the brakes then check their speed. Therefore the speed seen isn't the original speed at the time of incident. This works for most drivers even if they argue it doesn't.

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How is it everyone else's fault YOU comitted an offence?


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Re: Speeding ticket
PostPosted: Fri Apr 26, 2013 12:28 pm 
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Joined: Wed Apr 24, 2013 11:03 pm
Posts: 21
Like i said previously, i have a problem with dishonesty from police officers. The maximum my car went on that road was 53 kilometers per hour, i have a digital spedometer. I do not believe I was going 74 which is why I feel he refused to show me the radar. He took advantage of the fact two teens driving an expensive car. Based off the incorrect year, does anyone know whether I can get it dismissed or thrown out? It is my first offence as well


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Re: Speeding ticket
PostPosted: Sat Apr 27, 2013 2:00 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
Even if his radar evidence were to get dismissed, the officer could testify that you admitted to speeding 50 in a 40; the courts are only concerned with whether you were traveling faster than the posted limit even by +1kph... how much faster is simply a matter of fines/demerit-points

topic1965.html regarding the date on the ticket

I would also investigate whether the ticket has been invalidated after the 7-days; keep in mind that at trial the PON can be amended which includes the date and your speed (back to original)


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Re: Speeding ticket
PostPosted: Sat Apr 27, 2013 4:37 am 
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Joined: Wed Apr 24, 2013 11:03 pm
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What do you mean whether the ticket has been invalidated or not after 7 days? How do I check that?


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