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Ontario Highway Traffic Act

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Thanks giving weekend on HWY138
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PostPosted: Mon Oct 17, 2011 11:27 am 
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Joined: Wed Oct 12, 2011 10:22 am
Posts: 3
Good day,

Unfortunately I was nailed with a speeding ticket on HWY 138 "southbound" for supposedly going 32 over the limit.
I'm planning to take a day off and take option 3 on my ticket. I've been traveling this road for over 12 years and NEVER got a ticket until this thanks giving weekend. The officer that pulled me over said that an airplane calculated my speed.

I've passed by many speed traps on this road and was never pulled over. Is there anything that I can say/use to plea bargain or completely dismiss the charges?

I can't confirm that I was going that fast because I was following the traffic flow. "only 2 of us from the rest of the cars actually got pulled over."

Also, there's no mention of points on my ticket. Are points deducted automatically or do they have to state that.

Finally, How does one apply for disclosure? I'm not sure where I need to send the request or who to ask it from. This is my first speeding ticket in ages and that I want to fight.

Thank you.


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Re: Thanks giving weekend on HWY138
PostPosted: Mon Oct 17, 2011 10:07 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
If you've got a clean record, I can pretty much guarantee they'll offer you a plea deal to reduced speed.

Points are automatically added on conviction, they're not recorded on the ticket itself. You're looking at 4 points for 32 over. Get it reduced to 29 or less for 3 points, 15 or less for no points.


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Re: Thanks giving weekend on HWY138
PostPosted: Tue Oct 18, 2011 3:19 pm 
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Stanton wrote:
If you've got a clean record, I can pretty much guarantee they'll offer you a plea deal to reduced speed.

Points are automatically added on conviction, they're not recorded on the ticket itself. You're looking at 4 points for 32 over. Get it reduced to 29 or less for 3 points, 15 or less for no points.


Thank you for clarifying.

They did not let me speak to a prosecutor, they just gave me a court date. On the form, it states that I can talk to a prosecutor on the date of the court.

Perhaps you can help me with this other problem. Who would I send my disclosure form to if I have no clue who my prosecutor will be?
Do I just send it to the court house to the attn of the police officer?

Thank you.


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Re: Thanks giving weekend on HWY138
PostPosted: Tue Oct 18, 2011 10:45 pm 
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Every jurisdiction has a different procedure for obtaining disclosure, usually it consists of writing to the crown. Call the courthouse and ask.

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Re: Thanks giving weekend on HWY138
PostPosted: Fri Oct 21, 2011 10:17 am 
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Joined: Thu Sep 22, 2011 3:51 pm
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What I find funny is that I am noticing a pattern to all of the speeds reported in these posts. I myself was caught for going 32 over as well as many others. Seems these lidar guns like to throw out 32 as a number? If you look at the various posts in various speed ranges the numbers are always the same???? What is the chance of that?


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Re: Thanks giving weekend on HWY138
PostPosted: Fri Oct 21, 2011 7:22 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
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Location: Ontario
ridgid wrote:
What I find funny is that I am noticing a pattern to all of the speeds reported in these posts. I myself was caught for going 32 over as well as many others. Seems these lidar guns like to throw out 32 as a number? If you look at the various posts in various speed ranges the numbers are always the same???? What is the chance of that?


You're probably just seeing the magic threshold where discretion goes out the window. While it will always be dependent on the officer and location, many will look the other way until you reach about 20 over. 30 over or more is pretty much guaranteed to get you stopped and a ticket, even on a highway.

And also the OP's speed was measured by an airplane, not lidar.


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Re: Thanks giving weekend on HWY138
PostPosted: Wed Oct 26, 2011 11:02 am 
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Joined: Wed Oct 12, 2011 10:22 am
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I took option 3 and will be going to trial in January.

How does one communicate with the prosecutor? On the court date form it says that I will have the chance to speak with one on the scheduled time slot. Do I have to go hunt for them or do they automatically get me to meet with them?

Also, does the case automatically get thrown out if both officers don't show up? Or is this something I have to point out?


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Re: Thanks giving weekend on HWY138
PostPosted: Thu Oct 27, 2011 12:17 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Mobstar76 wrote:
Also, does the case automatically get thrown out if both officers don't show up? Or is this something I have to point out?


Not necessarily. While both officers would be required for the trial, the Crown can request an adjournment to a different date if they fail to show. The busier the jurisdiction, the more likely it is they'll simply withdraw the charges versus adjourn. Keep in mind Court dates are set with the officers in mind, so no shows are unlikely.


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