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Ontario Highway Traffic Act

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Tagged for 90 in 60km. Plead for mercy w/option 2?
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PostPosted: Wed Mar 03, 2010 2:47 am 
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Location: Niagara Falls
Tagged for 90 in 60km by OPP on a Niagara Regional road. No other cars around I think. $180. + $30. ($210.). Maybe I should just go option 2 and beg for mercy? Clean record for 26+ years driving. I'm 47.


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PostPosted: Wed Mar 03, 2010 12:25 pm 
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no need to beg. fight the ticket!! Request a trial date. File for disclosure (officer's notes, copy of radar manual, notes on how and when the radar was tested on the day of infraction, etc.)
IF you don't get this information that you are entitled to, the court will delay your trial until you get it or the case is thrown out (due to improper disclosure or excessive delay). YOu can find more information throughout this board.
This takes research and time and some paperwork.

On the other hand, you can show up to defend you case and I'd bet with 90% certainty, that the prosecution will offer you a deal to reduce the speed, fine, and points.


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PostPosted: Thu May 27, 2010 9:51 am 
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neo333 wrote:
no need to beg. fight the ticket!! Request a trial date. File for disclosure (officer's notes, copy of radar manual, notes on how and when the radar was tested on the day of infraction, etc.)
IF you don't get this information that you are entitled to, the court will delay your trial until you get it or the case is thrown out (due to improper disclosure or excessive delay). YOu can find more information throughout this board.
This takes research and time and some paperwork.

On the other hand, you can show up to defend you case and I'd bet with 90% certainty, that the prosecution will offer you a deal to reduce the speed, fine, and points.
I requested a trial and got an Oct 18, 2010 court date along with a yellow RESOLUTION REQUEST form. The ticket is for 30km over ($210 total) and there is no "R" writen on it. I can get a free lawyer for 3hrs. What should I do? What are my chances? I think I was the only car on the road @ 6:45am Sat morning.


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PostPosted: Thu May 27, 2010 11:30 am 
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Good man. YOU need to start your research. This board is excellent as well as ticketcombat.ca

The goal here is to try to get the charge stayed on the grounds of delay or improper disclosure. You will also likely be offered a reduced fine/points by the crown on the day of the trial.

Read up, then send your disclosure request as soon as possible!
Make sure you ask for the following:
1. Copy of officer’s notes (including specific details of how and when the speed measuring devise was tested on the day of infraction)
2. Typed version of any hand written notes (with explanations of any abbreviations or short-hand used)
3. Copy of both sides of the officer’s copy of the ticket (notice of offence)
4. witness will say statements
5. any statements made by the defendant.
6. Make, model, and serial number of speed measuring device (radar, lidar, etc) used, and its owners manual in its entirety.

Keep us posted on any replies you get from the crown. Good luck.


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PostPosted: Thu May 27, 2010 11:36 am 
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reveller wrote:
I requested a trial and got an Oct 18, 2010 court date along with a yellow RESOLUTION REQUEST form. The ticket is for 30km over ($210 total) and there is no "R" writen on it. I can get a free lawyer for 3hrs. What should I do? What are my chances? I think I was the only car on the road @ 6:45am Sat morning.


Your chances of winning the court case is slim to none. However, if you do your homework and follow the procedure for disclosure, you have a small chance of a stay (squashing your trial before it really begins because of a "technicality".
Your chances of a reduced fine/points is high, especially given your driving record.


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PostPosted: Thu May 27, 2010 1:07 pm 
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neo333 wrote:
reveller wrote:
I requested a trial and got an Oct 18, 2010 court date along with a yellow RESOLUTION REQUEST form. The ticket is for 30km over ($210 total) and there is no "R" writen on it. I can get a free lawyer for 3hrs. What should I do? What are my chances? I think I was the only car on the road @ 6:45am Sat morning.


Your chances of winning the court case is slim to none. However, if you do your homework and follow the procedure for disclosure, you have a small chance of a stay (squashing your trial before it really begins because of a "technicality".
Your chances of a reduced fine/points is high, especially given your driving record.
Will do ! Thanks again...


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