Hi all - hoping I can glean some information about a ticket I received July 3rd, 2016.
Travelling through regional road 46 in the Sudbury area an OPP officer was in the passing (left lane) driving slower than the speed limit. I thought he was maybe turning left at some point and was merging to the turning lane. This is an area where the 80km/h turns into a 60km/h. Either way. At 60km/h in a 60km/h zone I proceeded to pass the officer on the right side. Upon immediately passing the cruiser I was pulled over. I was given disobey sign HTA 182(2) for speeding.
I filed for disclosure and received nothing additional except some paperwork indicating all the evidence the prosecution had was the ticket. The ticket is photocopied and contains some extra markings that I don't understand - including "Pass. F/V 80km/h". There's no mention of radar anywhere.
Can anyone offer advice on this? Important to note that it states on the ticket I was approximately 5km after the 80km/h to 60km/h split which curves to the right and is not a straightaway.
Can you confirm:
- You say you were not speeding and were going 60 in a 60?
- You say you were 5km past the 60km/h marker?
I would send another disclosure request ASAP and ask for the following:
- Please provide a typed version of officers notes with abbreviations explained, as I am unable to decipher what it says.
- Please advise as to the officers method of determining speed. Was it with a speed measuring device, or by pacing using vehicle speedometer?
- If speed measuring device, please provide make, model and serial number and a copy of its manual.
- If vehicle speedometer, please provide proof of certification and accuracy of speedometer.
Correct - I was travelling 60km/h in a 60km/h zone. It says on the ticket I was 5km past the 60km/h. This is incorrect. It was approximately 1km after the posted sign.
I asked for all of these things in my original disclosure. Why would I do so again? Wouldn't my case be dismissed if the disclosure wasn't provided in the original package after requesting it?
Thanks for the response,
No it wont be dismissed the first time. Ask again.
Then you have more of a complaint to bring up at the trial date as you asked for it twice.
- Similar Topics
Users browsing this forum: No registered users and 2 guests