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Ontario Highway Traffic Act

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55km/h over on hwy404
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PostPosted: Thu Feb 11, 2016 11:37 am 
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Joined: Thu Feb 11, 2016 11:27 am
Posts: 2
Last night I got caught 55km/h over on hwy 404, the cop gave me a 50km/h over ticket and a stunt driving ticket. I know I need a paralegal or one of the xcopper guys, can someone recommend a good one? Also I have a previous speeding ticket 29km/h over, I am worried the combination of the tickets might get my license suspended, what are the chances of a suspension?
I don't know if this will help my case, I drive a grey GTI and there was another grey GTI going faster than I was, I am not sure of my speed when the cop said he caught me on radar, what are the chances the radar reading was actually for the other guy and is there anyway to prove my speed was lower?

Thanks for you help.


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Re: 55km/h over on hwy404
PostPosted: Fri Feb 12, 2016 1:06 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
It would depend, which ever car was in front would be determined to be going faster (physics), so if your GTI passed the other GTI, then of course you would get the ticket. If you were staying with the GTI (not passing, or not losing ground), it could be considered you pacing the other GTI, which in both cases, means you were doing 155km/h. What I suggest is go in on your summons date, and request disclosure before you plea. Then they will assign you a new date. If they offer you 49 over, I personally would take it and call it a day, but if they don't offer a bargain, or this process is too confusing, seek legal help.


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Re: 55km/h over on hwy404
PostPosted: Tue Feb 16, 2016 3:18 pm 
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Joined: Thu Feb 11, 2016 11:27 am
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So I should go to the summons myself not legal? Does anyone know what happens during the summons?

Thanks,


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Re: 55km/h over on hwy404
PostPosted: Tue Feb 16, 2016 4:12 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
The summons date is NOT your trial, so you do not necessarily need legal counsel at the summons.

The summons date is simply to ask you how you want to plead, guilty or not guilty. If you plead not guilty, then they will set a trial date.

You could also say that you would like to see disclosure before you decide how you want to plead. If you do this, then they will set another summons date (not a trial) and at that new date they will ask you again how you want to plead.

If you plan to plead not guilty at this first summons date, then you still want to tell prosecutor that you want disclosure.

Once you get your trial date set, then you can contact lawyer/paralegal.

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+++ This is not legal advice, only my opinion +++


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