Speeding 15 km/hr (Reduced Speed on the spot)

ungattbrock
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Speeding 15 km/hr (Reduced Speed on the spot)

by: ungattbrock on
Fri Jul 04, 2014 10:10 pm

Anyone know any good paralegals that can fight minor speeding tickets in the Owen sound or Walkerton courts listed below:

Provincial Offences Office
(Former Museum Building - Rear parking area)
595 9th Ave. East, Owen Sound ON N4K 3E3

Provincial Offences Office
215 Cayley St., Walkerton ON N0G 2V0

I really badly need a guarantee withdrawal of this minor speeding ticket I got yesterday in Kincardine by OPP.

It was for 15 km/hr on a posted 80 km/hr. I think she reduced it though, because she said I was going around 105 km/hr. She was driving on the opposite lane when she "radared" me (i.e. she was moving). I just past around a large truck and reduced my speed immediately (i.e. in braking mode) and then she came along on the opposite lane. Pretty weird how she said I was going that speed, she didn't seem confident, because I knew for a fact I had my foot on the brake as her car was approaching me.

I really badly need to get this withdrawn from my record please help!!


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by: iFly55 on
Sat Jul 05, 2014 2:19 am

File the ticket for trial; when you get your 'Notice of Trial', submit a disclosure request for the officer's notes and the manual for her speed measuring device. You can see how she registered the speed of 105 km/hr.

If you go to trial, they can raise the speed back to +25km/h. Unfortunately, this is an absolute liability offence and the courts are uninterested why you sped. They're only interested in whether you were speeding and by how much.

Have you examined the ticket for fatal errors? http://www.ontariohighwaytrafficact.com/topic1965.html


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by: Radar Identified on
Sat Jul 05, 2014 1:48 pm

I don't know... if the cop reduced it to 15 km/h on the spot, unless there was (as iFly55 suggests) a definite fatal error on the ticket, I'd just pay it, especially for something that was reduced and not really significant.

I suppose you could get disclosure and see if they include the relevant parts of the radar manual, and the officer's notes.

As noted above, they can raise the speed back to the actual speed you were doing when you were caught, so that's a risk you take in situations like this.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


ungattbrock
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by: ungattbrock on
Sat Jul 05, 2014 4:05 pm

The problem is I already have one disobey sign ticket this year, which I had ended up pleading guilty to and 1 other minor speeding ticket (similar to this one, I received in April and have a trial date in October). What would be the best way to get an 11b on this? If I get one more ticket , my insurance will be cancelled. I need to remove at least one of these minor speeding tickets from my record. Both are in Walkerton area.


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by: Radar Identified on
Sun Jul 06, 2014 10:24 pm

Not sure you could get an 11B (I'm assuming you're going to trial within 10 months of getting the ticket), especially in a place like Walkerton where the courts tend to hear things fairly quickly. The only thing you really could do is make your disclosure request and see if they fulfill it. As it's been said time and again on this forum, the Prosecutor doesn't have to disclose everything you ask for, just stuff that is relevant and necessary for you to make full answer & defence. (Officer's notes & the radar manual.)

Keep in mind that any delay that you cause stops the 11B "clock" so you can't count that time against the Prosecutor. If you are 11 months from the time you got charged, and you have at least 9 months of "institutional delay" (their fault), then you can file the 11B. If they fail to disclose properly, they can't get the officer in for trial, if the court can't hear the case, etc., then that is institutional delay. Sorry to be the bearer of bad news...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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