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Ontario Highway Traffic Act

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PostPosted: Sun May 30, 2010 1:06 pm 
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It might cast doubt on the accuracy of the officer's evidence, if you can suggest that it was not your vehicle he say. However if he says that he saw your vehicle, measured its speed, then stopped you without losing sight of the vehicle, the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things are always on a case by case basis.

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PostPosted: Fri Jun 11, 2010 9:15 am 
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Joined: Sat May 29, 2010 7:19 pm
Posts: 91
Location: Hamilton, ON
JayEmSee wrote:
alright so i got my disclosure and i noticed an error in it. The police statements say they observed a silver van motor vehicle at a very high rate of speed. However i was driving a green vehicle its green and always has been green. The vehicle registration even says my vehicle is green.

Will this help me at all?


It should help to raise a reasonable doubt.

The officer will most likely state that he/she paced your vehicle for a certain distance -let's say, maybe about 2 km.

You could argue that if that distance is good enough for pacing, it should be good enough for the proper identification of the paced vehicle, which is an essential element of the offence.

If identification fails, the offence has not been made and the charge should be dismissed.

An important element for the charge is tracking history. Was tracking history based on a silver van? If so, the officer does not have one for yours, does he/she?.

However,

Simon Borys wrote:
...the discrepancy may be chalked up to just a mistake, not affecting the accuracy of his evidence. These things are always on a case by case basis.


I think it will depend on the JP.

Is June 22 'to be spoken to/to set a date' or for trial?

What is your agent's (xcopper) opinion?

Cheers.
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PostPosted: Mon Jul 05, 2010 1:16 pm 
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I'd like to hear the outcome of this one.


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PostPosted: Sun Oct 17, 2010 6:33 pm 
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Joined: Sat Mar 27, 2010 7:03 pm
Posts: 11
Location: Hamilton
Hey guys :D long time no talk but here is what happened with my situation.

Well my legal representation went to court for me in June/July and offered me a deal. The deal was they bring it down to 49km/h over and only 4 demerit points and a total fine of $423. So I didn't want to risk it at all so I took the deal.

Altogether, getting my license back, my dad's car out of the impound lot, the fees to my paralegal and the actual fine everything came to a total of around $2,000. I have until November to pay the actual fine but its all done and taken care of. I borrowed money from my parents to pay it off and then I paid them back with my paychecks at work. So that's what happened to me.

I guess I got the deal because it was my very first driving offense ever! On the good side I got my full G license in the summer, and had a fun filled vacation in Ottawa and New York City.

My advice to you is "Don't F@#% up" Drive safe and if you're going to speed (which I highly recommend you don't), keep it under 50 over for sure!! As far as what to do if you're caught going 50 over, well I'm not sure. I guess I would say first of all start saving your money and sell anything that you don't need or don't use. You'll have to financially prepare for the worst. For me I sold a drum set that was just sitting in my closet to help me pay for everything and a couple guitars I had. Secondly, get a good paralegal or one of those xcopper guys. They really do help and I got my money's worth. It could have been worse. I could have ended up with 6 demerit points and a really huge fine. Thirdly, take it easy. It's not the end of the world. I remember freaking out so badly right after everything had happened but relax if you can find the money and save it and get a good paralegal you should be set and prepared for your court date which you may not even have to go to (because I sure didn't). Lastly, make sure the lesson you learned from all this sticks. Don't speed again! and who cares if everyone's passing you just focus on the road and watch your speed.

I'm just glad everything's over and done with. Drive safe and watch your speed.


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