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Was caught going 120 kph in a Posted 60. Help!
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PostPosted: Sat Jun 28, 2014 12:06 am 
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Joined: Fri Jun 27, 2014 8:01 pm
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I was on my way to Niagara Falls, NY to catch a flight. I was on Highway 420 in Niagara Falls, ON doing approx. 115-120 km/h, unknowing the speed limit was 80 km/h, as the road looked very much like a regular 400 series highway. I stopped at the end of the highway (Highway ends, intersecting with Stanley Ave at a traffic light) with lights ablazing from behind me. The police got out of his car and told me to pull over ASAP. Supposedly he was behind me for over 1 km!

I pulled over after crossing the traffic lights, and was told I was going double the speed limit. (Speed limit dropped to 60 km/h 1 km before the traffic light). That would mean I was going 120 km/h+ in a posted 60 km/h zone. The cop was red in the face and barked at me for drivers license, registration, insurance etc. and asked me if I knew what the speed limit was. I truly was driving on autopilot at the time and really just was not paying attention. The insurance card was also expired (car was insured, just no insurance card). I knew that I could a huge ticket for stunt driving, but surprisingly the cop did not mention the stunt driving regulation. He asked me the last ticket I got, and I said last September.

The police officer went back to his car and came back very relaxed and said the speed was no big deal, I recieved a complete warning on the speed but did get a ticket for Failure to produce insurance card. The total payable is: 75.00. The ticket was for me, however I was driving my friends car at the time.

I live in Toronto and was given an option to speak to prosecutor (was pulled over by Niagara Regional Police) by phone as I live over 75 km away and was wondering if I could fax over a copy of my friends insurance, and get the ticket waived? Also, could there of been any reason I got such a HUGE break? Was I just very lucky or was there a reason behind it i.e. no specific speed clocked? I was curious to know exactly what I was clocked at, at the time but figured I should just stay quiet.

Thanks.


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Sat Jun 28, 2014 1:04 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
There is no guarantee the ticket will get waived; the 'Fail to Surrender Insurance Card' ticket is not for driving without insurance, it's for not producing an insurance card promptly to a police officer when requested.

http://www.e-laws.gov.on.ca/html/statut ... _e.htm#BK2
Quote:
Operator to carry insurance card
3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,
and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).
Just keep in mind the officer can still charge you with Stunt Driving within six months of the alleged offence through a Part III Summons. So you're not 100% out of the woodwork, until those six months pass.

It appears he could have paced your vehicle, and if he was in a marked police cruiser... then he definitely has access to tools to measure and lock your speed.


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Sat Jun 28, 2014 12:12 pm 
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Joined: Sun Dec 01, 2013 8:42 pm
Posts: 31
pay the insurance ticket and thank you lucky stars that you didn't get the speeding ticket. Don't try to fight it and open that can of worms!


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Sat Jun 28, 2014 1:39 pm 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 504
you gotta away with TWICE the speed limit, doing 50 over.
WITH already a speeding ticket.

your not caucasion by any chance

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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Sun Jun 29, 2014 12:13 pm 
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Joined: Tue Jan 04, 2011 11:10 am
Posts: 37
bobajob wrote:
your not caucasion by any chance


or have a very large chest?


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Wed Nov 19, 2014 12:05 am 
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Joined: Sat Mar 29, 2014 12:11 am
Posts: 13
man just pay the ticket and call yourself the luckiest person alive... that cop probably saved you a *EDIT* ton of money, you should buy him flowers... I have my court date december the 8th and i dont know whats going to happen to me lol.


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Thu Nov 20, 2014 3:46 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 201
bobajob wrote:
you gotta away with TWICE the speed limit, doing 50 over.
WITH already a speeding ticket.

your not caucasion by any chance



Lets not bring race into this. I am of Indian decent and got let off for 170 in a 100 zone on the 401 with a warning. As for the insurance card ticket, the officer wouldn't know if you asked for an early resolution meeting, therefore, do that first, then go to trial assuming the 6 months has passed.


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Re: Was caught going 120 kph in a Posted 60. Help!
PostPosted: Thu Nov 20, 2014 6:20 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
UnluckyDuck wrote:
the officer wouldn't know if you asked for an early resolution meeting

That’s not necessarily true. When you request an early resolution meeting the Crown sends a request to the charging officer for their notes and other relevant disclosure. They will request this information even if you’ve yet to ask for disclosure. The only time the officer might not be notified would be with the new electronic tickets, where disclosure would theoretically all be done electronically and not require the officer.

I'm not saying it's likely the officer would suddenly lay the stunt driving charge, but don't assume he won't know you've requested disclosure.


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