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Ontario Highway Traffic Act

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Will be going to court soon DEC 3rd.
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PostPosted: Wed Nov 11, 2009 4:25 pm 
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Well, I am trying to get ahold of the prosecutors office. I was wondering, is there any chance I can plea bargain with them. The officers evidence is as follows.
----------------------------------
Stationary Hwy 69.
Bigwood Township. On West Shoulder Monitoring Nortbound Traffic
Skies Clear
Rd. Dry
3 Northbound Vehicles Approaching with Space Between Them. Middle.

D6. 04 september 09.

HRS High Rate of Speed. Compared to other two vehicles. Middle Vehicle catching up to lead (Observation) And pulling away from Last. Radar activated in fast mode. For only approaching traffic.
-Lead Vehicle 103kph.
-Middle Vehicle, 130-126kph's.
-Turned to catch up without losing sight.
-Target vehicle still second in line as it caught up to slower vehicle.

Last vehicle was a chev cavalier with a large load of cargo on a rooftop carrier.


Stoped vehicle and driver id'd. With a validated photo and drivers liscence.

------------------------------

Noting the time, it is dark outside in the middle of the country. It is hwy 69 on the way to Sudbury in the Bigwood Township A vehicle going at a high rate of speed catches up to my vehicle and is riding my bumper for a minute or so before passing me. Then suddenly he puts on his breaks and forces me to slow down at 80kph's. Then when were wondering what his game is, we found annother vehicle directly behind us, that vehicle was the police cruiser wich to our surprise pulls us over and charges us with a 40 over.

Comparing the top to the bottom, I am ensuing a mistake was made. However, I believe we were speeding slightly, as the evidence suggests 103kph's and not 130. Our cars were also similar as well as the colour, but the evidence the police provided did not state the type of vehicle the first one was. Can we write something to the prosecutor and see how this can be settled? what would be the outcome?

I don't really want to drive 450km to deal with this personally. Don't wanna hire a lawyer either.

When you own a small business, you dont hire a plumber to unclog your drain, you would never make a profit, you have to do it yourself.
Any help would be apreciated. If I have to lose, I'll just ask allot of questions and make sure I waste as much time as I can.


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PostPosted: Thu Nov 12, 2009 12:38 am 
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Location: Toronto
If you are unable to travel and can't hire representation, the best thing to do is to call the Prosecutor's office and discuss a plea bargain. See what they say. In this case, they'll probably be looking at something in the neighbourhood of 29 over the limit as an offer. In the discussion, try to act like you're trying to help them out and want to save them time (even though you don't).

If they don't want to bargain with you, I can see a couple of angles to push on this one, namely the possibility that he stopped the wrong vehicle (you're going to have to really meticulously cross-examine him), and it doesn't look like they gave you access to the radar manual... oh, and come to think of it... his notes don't indicate if he tested the device before and after the stop. (Test doesn't need to be immediately before and after, can be at the beginning/end of shift... but notes don't indicate that.) If you do have to go to court over it, then we can work on some questions for you to ask. Let us know how you'd like to proceed and we can try to help.


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About the radar information
PostPosted: Thu Nov 12, 2009 5:46 am 
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I didn't include the radar information. Yeah, they also gave me a page from their manual. They tested it at 7:30pm, but it dosn't say if it was tested at night The rest is pretty clear.

Angles I am thinking of.
-It's the long weekend, we knew they were inforced, it was all over the radio
-Has No speeding, crash or any other record whatsoever
-Driving a 4 cylinder vehicle to my parenths house, the other vehicle whom they're notes did not identify was a red dodge magnum, similar color, even thaught one is a hatchback and the other a sedan, they still look similar.
-In the dark in the middle of the country with no lights on, in a stationary position you cannot identify oncoming, outgoing traffic crossing your path travelling at 100kph's, no matter what the weather conditions unless you actually physically catch up to them with your cruiser. That I know for a fact.

I don't know, any other idea's? Thank you for your help.


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PostPosted: Thu Nov 12, 2009 2:41 pm 
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Location: In YOUR rearview mirror!
continuation of an old post

http://www.ontariohighwaytrafficact.com/topic1504.html

this thread now locked

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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