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Ontario Highway Traffic Act

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Ticket going 45 over - instead of 15
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PostPosted: Tue Sep 16, 2008 6:42 pm 
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I got a ticket a few months back in Toronto coming off of the Gardiner [90km limit] onto Lakeshore [60km limit] in the Beaches near the DVP split. The officer was on a sidestreet and I'm SURE he clocked me going 105 kms/hr when I was still on the offramp (which is still 90km limit).

He gave me the ticket and didn't set a COURT DATE or summons . He said he would reduce it but he didn't want to because I could just go into the court to reduce it there.

I decided to plead NOT GUILTY as even though I agree I was going 15kms over (going too fast on the off ramp), I wasn't doing it in the 60 zone.

Questions:
1. Shouldn't 45 over automatically require a court date set? And doesn't the fact that the officer did not set it point to the fact that he didn't think it was valid?
2. Is it a good idea if I take a picture from the street he was on showing the visibility of the ramp to show the court when I go fight my ticket - or is picture taking like this usually futile?


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PostPosted: Tue Sep 16, 2008 10:11 pm 
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Pictures are good! Have the officer point out where he radared you, get it blown up for clarity. Also, go with a 7 MP camera or better if you can. Make sure you take the picture, you will have to attest to where it is and all those perticulars. Fight the good fight.

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PostPosted: Tue Sep 16, 2008 10:29 pm 
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Did the officer tag you on the ramp or on Lakeshore?

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PostPosted: Wed Sep 17, 2008 12:19 pm 
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He tagged me on the actual ramp itself.

Even thought he posted YELLOW sign on the ramp says 60, I believe this is still a limit of 90

anyone know the answer to #1??


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Re: Ticket going 45 over - instead of 15
PostPosted: Wed Sep 17, 2008 1:00 pm 
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kwgotaticket wrote:
1. Shouldn't 45 over automatically require a court date set?
Automatic court dates are only required for summons (to appear in court). Your offence was not severe enough.

kwgotaticket wrote:
2. Is it a good idea if I take a picture from the street
You have to state who took the picture and when. That's why you should take the picture, otherwise the photographer has to appear in court.

I would also take a picture from the north side of Lakeshore showing the angle of the ramp. I believe it is too extreme to take an accurate radar or lidar reading (the vectors are all wrong).

Since it's only been a couple of months, your trial is probably not scheduled. You should take this opportunity to request disclosure NOW and ask for your trial date to be moved up. It will give you two great arguments for non-disclosure and for a stay.

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PostPosted: Wed Sep 17, 2008 3:59 pm 
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VERY IMPORTANT: The speed posted on a yellow sign is a suggested speed only and is not the "maximum".

See SIGNS, R.R.O. 1990, Reg. 615:
(clicky) http://canlii.org/on/laws/regu/1990r.615/20061120/whole.html#BK0


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PostPosted: Wed Sep 17, 2008 8:47 pm 
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Bookm wrote:
VERY IMPORTANT: The speed posted on a yellow sign is a suggested speed only and is not the "maximum".


You are searching for the word......ADVISORY :)

It is advised that you travel "X" speed due to the curve although the maximum posted speed limit is still "Y".

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PostPosted: Wed Sep 17, 2008 10:39 pm 
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I drove by that spot today!
In order for him to nail you,he had to hit you at the top of the ramp, and then make his way across 3 lanes of traffic and flag you over!

Just a thought for the OP, another 5km/h over the PSL and you would have been branded a "Stunt Driver"


Sign the Petition :lol: (link below)

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PostPosted: Fri Sep 19, 2008 12:27 pm 
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Make sure to turn on the date stamp on your 7+ MP digital camera too.

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PostPosted: Fri Sep 19, 2008 8:36 pm 
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What side street was the cop on? If he was at the intersection I'm thinking of, like Bel said, you would've been on the Gardiner and not in a 60 zone when he took the speed reading.


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PostPosted: Fri Sep 19, 2008 11:29 pm 
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Google map anyone????????????

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PostPosted: Sat Sep 20, 2008 12:47 pm 
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There are two eastbound speed traps. One on Bouchette St. to nab you as you are coming down the exit ramp and a second one, past Leslie, on the driveway of the movie lot (ironically just at the 60km/h sign).

Westbound on that same stretch, they have one on the north movie lot driveway.

The Bouchette trap was operating almost daily when they first opened the ramp after the construction but then it just stopped and they moved the trap further down to the movie lot.

The Bouchette trap is unworkable. The ramp angle is just too steep to get an accurate reading and it's before the 60/km/h begins sign. If you take the reading after the sign, you've got less than two seconds to grab a reading and nab someone across three lanes of always heavy traffic. Pretty much impossible.

The other thing is the 60 km/h "begins" sign is invalid since it's not bilingual. I don't think it's Highway 2 at that point so the default speed might be 50 km/h but they would have to mention "residential area" under testimony to establish the default speed. Something you wouldn't point out until after the prosecution rests.

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No, not Bouchette - Logan
PostPosted: Thu Sep 25, 2008 12:14 am 
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You're still on the Gardiner ramp while passing Bouchette, he wouldn't have been able to flag me over the median.

Logan is where the cop was.

Furthermore, the officer had to park his cruiser right at the intersection... well past the stop sign on Logn, he had to come out that far to get past the trees on Logan.

Link to Google Map of End of Gardiner "A" and Cop's location "B"


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PostPosted: Thu Sep 25, 2008 10:39 am 
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My bad, I was off by one street. I was thinking street past the baseball diamond (Logan) but wrote Bouchette. Should use the satellite photo next time.

So are you saying he was sitting in his cruiser and then started a pursuit to stop you? That's new.

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PostPosted: Thu Sep 25, 2008 2:14 pm 
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The TPS Traffic Services were running LIDAR at Logan earlier today. Seems like a productive spot for them.

Do you know if the officer got you with radar or lidar?

Get disclosure and see if the officer's notes have details about how far away you were when he took the speed reading. That information would be very telling.


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