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Ontario Highway Traffic Act

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153km in a Posted 80km
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PostPosted: Sun Aug 01, 2010 6:54 pm 
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Yes unfortunately I was booked going 153km in a posted 80km. I was driving a car from work, from Orangville to Brampton. Hwy 10 (AKA) Cop Alley. The Cop was a older cop a very conservative gentalmen. He Said I was going 73km over the Limit. I was driving a shitty Chev Cobalt going up a long hill. Yes I was going fast but Not 153km, maybe 120km! max. Anyways he didn't tow the car and I kept my DL. He gave me 133km in a 80km zone. Summons To Defendant under 128 of ON Traffic Act. We didn't say much to each other, He was a good cop (not a dick). I have to go to Caledon court in Sept 13/10. I'm 27yr Clean record, This my first Traffic Ticket?? I'll consider any advice What should I do?? I have the Erg to fight it. But if it is more logical to plead guilty I will for lessor conviction. P.S Premier Dalton needs a pie in the face!!! For these stupid new rules and HST.

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PostPosted: Sun Aug 01, 2010 9:19 pm 
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If you decide to fight it they can, and probably will in your case, ask for the trial to be for the original amount. Then you risk a far greater sentence. You'll have to decide whether you think it's worth it.

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Last edited by Simon Borys on Sat Aug 07, 2010 10:42 am, edited 1 time in total.

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PostPosted: Mon Aug 02, 2010 10:10 pm 
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Location: Mississauga
Your next appearance is going to be a Set Date court. On that appearance you should be given disclsoure in court (otherwise you would have to request it afterwords) and be able to set a date for your trial. I suggest you DO NOT set a date for your trial but ask for several weeks adjournment(additional time) so you could discuss your disclosure materials with a paralegal.
I frequent that jurisdiction and can tell you one thing - officers almost never miss Trial dates. In general Caledon Detachment OPP are pretty knowledgeable and decent guys. You are charged with a <a href="http://www.trafficlawparalegal.com/speeding_tickets.aspx">speeding ticket</a> and at this rate of speed penalties include potential licence suspension. Speeding at this rate of speed is considered to be a serious offence and treated very seriously by insurance companies. You were lucky that officer did not charge you with Stunt driving.


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PostPosted: Fri Aug 06, 2010 9:10 pm 
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Ya I'm not sure what I'm gonna do? I don't expect the officer to miss any court dates. He seemed very by the book and caledon not as busy as other areas so. Ya.... I'm screwed. But I'm not losing hope. I have the money to pay for a Paralegal but I'm not sure how much help they can do for me? Every body keeps telling me 50 over is HUGE and there is not much to do but plead guilty.

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PostPosted: Sun Aug 08, 2010 9:49 am 
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I always tell peoaple NOt to plead guilty unless you absolutely have to. I never had any difficulties in Caledon. You should make some choices and at least collect disclosure before you start you option.


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UPDATE!! 153km in a Posted 80km
PostPosted: Thu Feb 03, 2011 7:40 pm 
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Hey Guys and Gals I just wanted to update everyone on what happened. I did a lot of research and went to trail on dec. 23, 2010. I thought I had enough evidence to fight the conviction myself. The cop was parked on a private driveway and there was I sign that said NO TRESPASSING PIVATE PROPERTY. Anyways to make a long story short the Judge yelled at me and said he would have me convicted. He said cops can park anywhere they please, and the crown attorney mocked me. I felt really bad so I stopped talking and responding to there question. I think the justice knew how I felt *edited* inappropriate comments about JP, HTA Moderator. He called a recess brake for me to clear my head. At the break I told the crown I want to seek legal advice. The justice gave me a month to do this.

I didn't seek any legal advice because I knew some agencies wanted me to pay $1000 plus HST for their services.

Anyways Today feb. 03, 2011

I went to court and I told the crown that I want to plead Guilty to a lesser charge. He offered me 49km over. I told him no sir I want to 45km over and he didn't look to happy but then he said yes. So today I got convicted for 125km in a posted 80km zone. My fine is $315 plus a $75 victim something or other with HST I owe $395 and have 180 days to pay it. I know my insurance will go up but I pray to Jesus it does not go up all crazy!! I’m happy with the out come. God Bless you all on this forum, I hope everything works out.

Nick.
:wink:

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