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Ontario Highway Traffic Act

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Ticketed 115 in 80 zone - i know it's wrong
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PostPosted: Mon Feb 28, 2011 8:35 pm 
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I was recently pulled over for 115 in an 80 zone on a rural backroad near Waterford... I know with every ounce of my soul that I was not doing that speed for numerous reasons:
1. It was 10:30 at night on icy roads, I would not be speeding
2. I am 6 hours away from my home and was totally unfamiliar with the road, I would not be speeding
3. I was travelling with 3 dogs and a full load of supplies boxed in my van, i would not be speeding
4. Cop was in a fully marked cruiser at the side of the road and I could see him from almost a kilometer away, I would be a fool to be speeding
5. I had just turned off another road about a kilometer from where I was pulled over... there's no way I could have reached 115 then back down to a full stop! I drive a minivan not a drag car!!!
6. I have a GPS that I use religiously when I'm in unfamiliar territory and my GPS says I have not exceeded 104 kms/hr for the past 33 000 kms that I have been driving with it, so why all of a sudden would I decide to drive 35 over on a dark, icy unfamiliar road?

Also, on my ticket the cop put a total incorrect address (wrong house number, wrong street and wrong city and no postal code at all), and my driver's licence number and licence plate number on the ticket is almost illegible (I have personalized plates and it looks like he wrote a 7 for a Y, although if you can read chicken scratch it would read correctly)

The cop obviously had a chip on his shoulder, says he and his neighbours were tired of speeding in their hamlet. He also asked me if "I remembered" why I got pulled over before he even told me why he had pulled me over!!!

All of it was very strange... but now I don't know if and how I would fight this! I can't afford a lawer or traffic ticket specialist but I also can't afford to pay this ticket and get 4 points!!

Help me!!


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Re: Ticketed 115 in 80 zone - i know it's wrong
PostPosted: Tue Mar 01, 2011 3:29 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Well, this was 6 hours from your home so, I would hire a paralegal. 35 over is close to $280 ish and my have a big impact on your insurance. I think the costs would be about the same. However, if you would like an accurate quote you can fill out the form at the bottom of each page. I wish you luck.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Re: Ticketed 115 in 80 zone - i know it's wrong
PostPosted: Tue Mar 01, 2011 8:10 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Also to add, the "errors" on the ticket are not sufficient to void it. Sorry to disappoint.

Speeding is an "absolute liability offence." Even if you are certain that you were not speeding, that is not really going to help you in court. The standard of proof is very small for speeding. They'll need to enter into evidence that:

- The officer tested the speed-measuring device before and after he stopped you
- The officer noted your vehicle speeding by visual observation (your testimony to the contrary is not sufficient to beat that)
- The officer activated and used the speed-measuring device to back up the visual observation
- The officer stopped your vehicle without losing sight of it
- You were identified as the driver

That's it. Your only defence is then defence of necessity (life-threatening emergency). If you can prove that your GPS was certified and calibrated, and has accurate, unaltered record-keeping... maybe that would help, if there is some question as to whether the officer properly tested the radar/laser, or if the officer stopped the wrong vehicle. Speeding tickets are beaten on technicalities. You'd need to get the officer's notes and see if there are any errors or mistakes in there. That would be done by making a disclosure request after you get a trial date. (See the "Courts and Procedures" section of this website.)

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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