ticketed for 149km/h on 401 by PEEL POLICE

he123456
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ticketed for 149km/h on 401 by PEEL POLICE

Unread post by he123456 on

So my brother was ticketed for going 149 in a 100 zone on the 401. the thing is that it was Peel Police who issued the ticket and not OPP. he was not followed from the ramp either. He said the cop didn't mention anything about demerit points, and there's nothing written on the ticket about them.

I have to represent him in court next month. Should my main argument be about jurisdiction? Never done this before and would appreciate some help since i'm new here.

Thanks guys


screeech
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Unread post by screeech on

All police officers are sworn in, In and For the Province of Ontario...jurisdictional argument will not be valid...a Thunder Bay City officer can write tickets in Metropolitan Toronto Police jurisdiction if they want, no problems...Tickets never say anything about points. The MTO deals with the points, not the police...Do you know if the officer lowered the ticket down from a higher speed to 149Km/H? jsherk should be along shortly to tell you to plead not guilty, ask for disclosure, post it on this site with personal information blacked out so we can look at it to see if there is any defence that can be recommended


he123456
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Unread post by he123456 on

screeech wrote:All police officers are sworn in, In and For the Province of Ontario...jurisdictional argument will not be valid...a Thunder Bay City officer can write tickets in Metropolitan Toronto Police jurisdiction if they want, no problems...Tickets never say anything about points. The MTO deals with the points, not the police...Do you know if the officer lowered the ticket down from a higher speed to 149Km/H? jsherk should be along shortly to tell you to plead not guilty, ask for disclosure, post it on this site with personal information blacked out so we can look at it to see if there is any defence that can be recommended
yes i believe the speed was clocked at 154 originally. Do i have time for disclosure? the court date is in 2 weeks


argyll
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Unread post by argyll on

You won't get it on time. 54 to 49 is one of those times you really need to be sure you'll win before electing to go to trial. BIG difference for your insurance.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


screeech
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Unread post by screeech on

If you opt for trial, the prosecutor will ask to amend the ticket back up to the origional speed of 154Km/H. If convicted, there will be a higher fine and the prosecutor can seek a licence suspension up to 30 day. The officer could have charged under the stunting section and impounded the car for 7 days as well as a 7 day licence suspension at the time of the offence. You are not likely to get the disclosure within the 2 weeks. You can always ask to have the matter put over to get disclosure but he Justic of the Peace won't be happy with you and may not allow it...I don't want to seem like an uncaring person or anything, but given the questions you have asked, and you stated you have never done this before, I am guessing a trial is not the best route for you to take. The chances of you getting your butt handed to you is very high, at the expence of your brother...You can always talk to the prosecutor on the day of trial and see if they will lower the ticket (not likely though)


he123456
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Unread post by he123456 on

okay thanks for your help guys. can i just pay the ticket before the court date now or do i have to attend and pay there?


screeech
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Unread post by screeech on

You can pay anytime


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bobajob
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Unread post by bobajob on

screeech wrote: jsherk should be along shortly to tell you to plead not guilty
^^^ that there was just WAYYY too funny :)
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jsherk
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Unread post by jsherk on

made me laugh too :)
+++ This is not legal advice, only my opinion +++


Zatota
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Unread post by Zatota on

I seem to remember reading somewhere (either HTA or Police Services Act) that OPP has exclusive jurisdiction on the 400-Series highways. Did I read that incorrectly or has that been repealed? I can't find the reference.


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Decatur
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Unread post by Decatur on

You read incorrectly.


Zatota
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Unread post by Zatota on

Damn! There goes my reputation for accuracy.


Markus
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Unread post by Markus on

Zatota wrote:I seem to remember reading somewhere (either HTA or Police Services Act) that OPP has exclusive jurisdiction on the 400-Series highways. Did I read that incorrectly or has that been repealed? I can't find the reference.

Well, I've seen drivers pulled over on 417 in Ottawa my Ottawa Police AND by military police. I spoke with a member pf the military police about this and was told that while they are allowed to pull over vehicles on public roads they usually don't unless they suspect the driver is impaired or is doing something truly dangerous.


Zatota
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Unread post by Zatota on

Wouldn't that be a treat!!! I'll keep that in mind the next time I'm in Ottawa. It's a good thing I don't drink or text and drive.






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