Disobey sign HTA 182(2) for speeding?

Terminator3
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Disobey sign HTA 182(2) for speeding?

Unread post by Terminator3 on

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.


jsherk
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Unread post by jsherk on

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


Terminator3
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Unread post by Terminator3 on

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,
-Mike M.


jsherk
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Unread post by jsherk on

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.




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


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