Disobey sign and Obscure interior of vehicle.

jil101ca
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Disobey sign and Obscure interior of vehicle.

by: jil101ca on
Sat May 08, 2010 3:47 pm

I was speeding. 73 in 50km. The officer charged me with disobey sign. I was coming from a 80km zone where you go down a hill, up a hill then down a hill. the 50km zone starts at the top of the hill. He got me just passed the sign coming down the hill. Is there a set distance from the 50km ahead sign to max 50 km? We have gone with option 3 as I was slowing down just not fast enough. I was speeding, not disobeying the sign.

Option 3 for obscure the interior., He said my tint was too dark but he did not meter the window as The Tint store said he should have. Any advice as to how to defend. We plan on taking pics of the window tint.


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Simon Borys
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by: Simon Borys on
Sat May 08, 2010 3:57 pm

I've never heard of a disobey sign ticket for speeding...I don't think that will fly, but maybe in his jurisdiction.

With respect to the tint, he's not required to measure it, since there are no specifications listed in the HTA as to how dark tints can be. If he says they were too dark and he can articulate how is view of the interior was obstructed, from how far away, etc, that's all that is needed to support a conviction.


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hwybear
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by: hwybear on
Sat May 08, 2010 4:03 pm

Simon Borys wrote:I've never heard of a disobey sign ticket for speeding...I don't think that will fly, but maybe in his jurisdiction.
.
The speed sign is legislated ...the sign offence is pled to quite often in court, rather than a speed....saves the driver demerit points
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


jil101ca
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by: jil101ca on
Sat May 08, 2010 4:06 pm

When you are standing outside the driver door you can clearly see my purse on the passenger seat. I have been reading other tint threads and am going to see if you can see the seatbelt.


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Simon Borys
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by: Simon Borys on
Sat May 08, 2010 4:13 pm

hwybear wrote:The speed sign is legislated ...the sign offence is pled to quite often in court, rather than a speed....saves the driver demerit points
I agree that the crown can offer this in court if the defendant agrees to amend a certificate for speeding, but I don't think it's proper for an officer to lay that charge on the road. Maybe that's just my opinion...


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hwybear
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by: hwybear on
Sat May 08, 2010 4:15 pm

jil101ca wrote:When you are standing outside the driver door you can clearly see my purse on the passenger seat. I have been reading other tint threads and am going to see if you can see the seatbelt.
you will have to be at the same angle as the officer, if he/she was in a cruiser. Have someone sit in your car with the belt on. Then you sit in another vehicle about the same distance away as the officer was. Then can you see the seatbelt? or clearly see the driver and not just a silhouette, but do this also on the same lighting condition too. Many factors rather than "I can see my purse"
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: jil101ca on
Sat May 08, 2010 5:50 pm

[quote]defendant agrees to amend a certificate for speeding[/quote]

What exactly does this mean?


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