Just got this last night on my way to guelph. Crested a hill, officer coming at me, pulled a u turn and pulled me over. I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference. It was around 7pm, already dark, nobody on the road but myself, very very windy and cold. Got a summon for excessive speeding and another for racing. This is my first speeding offence in my 5 years of driving. Officer said very little, re-enforced the fact it was halloween and there could of been a little kid crossing the highway where there wasn't any houses within a km or so and i could of hit them, then spent the majority of the time in his car filling out paper work, comes back out and tells me to call for a ride. Car gets towed and here I am. Never been to court or have had anything to do with the police. Insight please?
Just got this last night on my way to guelph.
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself, very very windy and cold. Got a summon for excessive speeding and another for racing. This is my first speeding offence in my 5 years of driving.
Officer said very little, re-enforced the fact it was halloween and there could of been a little kid crossing the highway where there wasn't any houses within a km or so and i could of hit them, then spent the majority of the time in his car filling out paper work, comes back out and tells me to call for a ride. Car gets towed and here I am.
Never been to court or have had anything to do with the police.
On the summons for racing, does it indicate if you were charged with stunt driving - more than 50 km/h over the limit or stunt driving - marked departure from the lawful rate of speed? Not much I can really tell you, other than the officer chose to use s. 172 (stunt driving, racing) of the Highway Traffic Act instead of just s. 128 (speeding), and also did not want to knock down the speed to 49 over. Do you think the officer lost sight of you for a while (more than a couple of seconds) before he pulled you over? If he did lose sight of you for an extended period before catching up... well... remember the 17-year-old who was caught doing 239 in an 80 zone last year? He beat the charge, pretty much for that exact reason. :shock: :shock: Take notes of the incident, and go back and take some photographs with a cheap $6 disposable camera showing that there are no houses, hence no risk of hitting a kid that may be Trick or Treating on a deserted rural highway. The reason for the disposable camera is that digital photographs can be easily altered, so some courts will not accept them. Toronto usually will accept digitals if the original data card is submitted and the photographer is present, but it doesn't sound like you were nabbed in Toronto. For any serious HTA charge, I always recommend some sort of professional legal help, which, in this case, would be a paralegal. The more info you have for the paralegal, the better. There's also a form to fill out at the bottom of this page that you can use to get a quote. The consequences of being convicted are quite severe (large fine, additional suspension, huge insurance increase) for this charge, so the risk of "going it alone" is very high if you have little or no experience in court. A professional should be able to, at the very least, get it down to just regular speeding and get rid of the stunt driving part of it.
On the summons for racing, does it indicate if you were charged with stunt driving - more than 50 km/h over the limit or stunt driving - marked departure from the lawful rate of speed? Not much I can really tell you, other than the officer chose to use s. 172 (stunt driving, racing) of the Highway Traffic Act instead of just s. 128 (speeding), and also did not want to knock down the speed to 49 over. Do you think the officer lost sight of you for a while (more than a couple of seconds) before he pulled you over? If he did lose sight of you for an extended period before catching up... well... remember the 17-year-old who was caught doing 239 in an 80 zone last year? He beat the charge, pretty much for that exact reason.
Take notes of the incident, and go back and take some photographs with a cheap $6 disposable camera showing that there are no houses, hence no risk of hitting a kid that may be Trick or Treating on a deserted rural highway. The reason for the disposable camera is that digital photographs can be easily altered, so some courts will not accept them. Toronto usually will accept digitals if the original data card is submitted and the photographer is present, but it doesn't sound like you were nabbed in Toronto.
For any serious HTA charge, I always recommend some sort of professional legal help, which, in this case, would be a paralegal. The more info you have for the paralegal, the better. There's also a form to fill out at the bottom of this page that you can use to get a quote. The consequences of being convicted are quite severe (large fine, additional suspension, huge insurance increase) for this charge, so the risk of "going it alone" is very high if you have little or no experience in court. A professional should be able to, at the very least, get it down to just regular speeding and get rid of the stunt driving part of it.
Don't bother bringing this fact up in court. If you can't afford to hire a paralegal (which I would really recommend doing if you can), you'll want to start by filing for disclosure which will let you see the evidence against you that will be relied upon in court. If you go to http://www.ticketcombat.com it outlines the whole procedure and generally how you should proceed if fighting it yourself.
smurf wrote:
I have aftermarket tires and rims so I assume this would be the difference.
Don't bother bringing this fact up in court.
If you can't afford to hire a paralegal (which I would really recommend doing if you can), you'll want to start by filing for disclosure which will let you see the evidence against you that will be relied upon in court. If you go to http://www.ticketcombat.com it outlines the whole procedure and generally how you should proceed if fighting it yourself.
yes the officer did lose sight of me when he turned around to make a u-turn since i was going over a hill and was over it before he got turned around and caught up to me, at which point i was going 80. he gave me 2 summons, one for speeding and one for racing it said. i have been over the ticketcombat website as well as the 50over website too. i'll consider a paralegal, my dad is an x-cop but that was in the 80's. so i was looking for more info on this. thanks for all the insight so far.
yes the officer did lose sight of me when he turned around to make a u-turn since i was going over a hill and was over it before he got turned around and caught up to me, at which point i was going 80.
he gave me 2 summons, one for speeding and one for racing it said.
i have been over the ticketcombat website as well as the 50over website too. i'll consider a paralegal, my dad is an x-cop but that was in the 80's. so i was looking for more info on this.
So went to court today for this, spoke to the crown first I believe. He agreed to remove the racing charge, and amend the speeding to a 49 over for 4 points but then he doubled the set fine instead. I took it, but I was wondering since I was not convicted of racing then what about my license suspension and car impound fee's, can I get that back or something?
So went to court today for this, spoke to the crown first I believe.
He agreed to remove the racing charge, and amend the speeding to a 49 over for 4 points but then he doubled the set fine instead.
I took it, but I was wondering since I was not convicted of racing then what about my license suspension and car impound fee's, can I get that back or something?
Unfortunately, for the impound fees, no. Hence the outcry about this whole law, besides the fact that it is unconstitutional. Suspension has "never happened" as a result of lower charge. When you are filling out an insurance app, you can state that your license has never been suspended.
Unfortunately, for the impound fees, no. Hence the outcry about this whole law, besides the fact that it is unconstitutional.
Suspension has "never happened" as a result of lower charge. When you are filling out an insurance app, you can state that your license has never been suspended.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Suspension has happened, if the person so chooses to plea to something else or even beat the offence so be it. Might want to error on the side of caution and go to the MTO and have your driving history with suspensions and convictions printed out....before filling out any insurance info.
racer wrote:
Suspension has "never happened" as a result of lower charge. When you are filling out an insurance app, you can state that your license has never been suspended.
Suspension has happened, if the person so chooses to plea to something else or even beat the offence so be it.
Might want to error on the side of caution and go to the MTO and have your driving history with suspensions and convictions printed out....before filling out any insurance info.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
JP did not have jurisdiction to impose fine more than $343 plus surcharge for this speeding offence. There is no jurisdiction to change speeding ticket penalties. Speeding penalties are set by legislation for that reason.
He agreed to remove the racing charge, and amend the speeding to a 49 over for 4 points but then he doubled the set fine instead.
JP did not have jurisdiction to impose fine more than $343 plus surcharge for this speeding offence. There is no jurisdiction to change speeding ticket penalties. Speeding penalties are set by legislation for that reason.
So heres my case, does it have any validity? Im argueing that the officer did not have a justified view of where and if my car stopped or not, which it did.
This is the officers view of the stop sign i "disobeyed"
Another possible viewpoint, just so i can say that he cant see regardless
As you can see he cannot see the line where i must stop
As close are possible (which he wasnt) to the intersection,…
I need some help to settle a "Right of Way" argument. I know this question has probably been asked a thousand times before, but after doing a search, I was unable to find a posting on the forum, or the specific section in the OHTA relating to it.
Scenario:
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound…
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Please could you help me to decipher the officer's notes. Are there any errors in the notes or on the ticket that you can see?
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
Was pulled over earlier today for going 95km/h in posted 60km/h, 2nd offense (same cop that pulled me over the first time >.<) ticket of $265. going down dougall toward cabana where it goes from the 80 to 60 zone (yes was over slightly coming in and kept speed)
Just wondering what the best way to handle this? (location: windsor ontario)
I am a bartender and last saturday night while I was working someone backed into my car (2000 Acura Integra) in the prking lot. One of the cooks in the kitchen ran to tell me my car alarm is going off. Immediately I ran outside to discover my driver side mirror smashed on the ground and my driver door dented. There was nobody around to claim responsibility. I had already begun to suspect one…
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I got a ticket for an expired licence sticker. The next day I went to the Ministry office to renew my sticker. I thought that I HAD to pay any outstanding tickets BEFORE I was eligible to renew my sticker. The lady at the desk informed me that I had an outstanding balance and 407 bill that I had a to pay and I told her that I was aware of that. I thought everything was cleared.
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
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"Officials in West Vancouver, Canada apparently aren't satisfied with the driver-slowing properties of traditional speed bumps. Yesterday, the town unveiled a new way to entice motorists to ease off the gas pedal in the vicinity of the ÃÂcole Pauline Johnson Elementary School: A 2-D image of a child playing, creating the illusion that…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received a year ago came with Demerit Points.
I have a question I would like to ask concerning turning right on a red light.
I was approaching on the right turn only lane to the traffic light which turned from amber to red. As soon as the red light came on, there were advance green left turn arrow for the intersection I was for the cars that were traveling right to left and left to right of me. Since there was a lot of traffic from where I…
So I got pulled over for speeding and following too close, on HWY 11 north of Barrie. The airplane caught me! I will fight this as I have fought ALL my tickets and won EVERY ONE of them (one per year... man I need to drive slower). So any thoughts out there on how to fight this one? Does the Crown have to bring the 2 officers in the plane, plus the one in the cruises to court? If 1 in 3 doesn't…
I am new to this forum and before making this post I did some digging and was unable to find anything on this method of officer note taking.
A little back ground of my case:
charged with 25km/h over the posted limit.
After numerous disclosure requests, finally received a detailed disclosure including several pages of the lidar manual and typed officer notes describing the events of my…
My wife was just pulled over for running a yellow light and instead was ticketed for an expired drivers licence. The license expired on her birthdate 4 months ago and she didn;t recieve a renewal. $325 !!!!!!
Hope someone can help. She was ticketed under HTA 32 (1) with the offense shown as
"Drive Motor Vehicle no license"
Can anyone tell me if this is worth the effort to get a reduction in the…
So I got pulled over for supposedly for running a stop sign. The problem is that I did a complete stop, waited a split second and started again. And yes I did stop behind the white line.
He took my information and went back to his car to write me up a ticket, came back and gave me my fine and explained to me the process. He gave me a reduced fine (65$ and ne points).
Someone has an accident in a car worth very little on highway 401 but the car is not drivable (but not in terrible shape), there is a police report filed right away in which no other cars were involved, however the car did strike a guardrail. Is it possible to handle this without involving insurance? Or is a forgone conclusion insurance will be notified by the police?
I made a minor mistake on my disclosure request - I put a "Request Date" of September 10, 2014 instead of 2015. The rest of the form is correct including offense date, fax date, trial date.
Will this affect my disclosure? Do I need to clear it up?
Also, I noticed the Ticket Combat disclosure form has a lot more information than what was posted in on this site. Is it OK to send a second…
