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Disobey Sign sect. 182(2)
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PostPosted: Thu May 27, 2010 6:15 pm 
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Hi All, My wfe and I were on our way home from Sudbury on Monday May, 24, 2010. We were behind a lot of cars doing just under 90 km/hr. We were on Highway 69. I have been travelling that road for 8 years and my average speed was 105. I have passed many radar cops parked with their radar on. I have never been stopped, ever!! We were on hwy 69 following about 12 cars and when the hwy opened to two lanes, I passed some cars. Each time we got the passing lane I would pass more cars. That's when I saw the police going just under 90. There was one car between him and I and I couldn't pass her without passing the police car. After I passed them, I drove, in my opinion, just long enough for him to find out we were from just outside of Windsor. He lit them up and pulled us over. He came to the window and asked for I.D. He then asked: ( was I going to slow for you?) He then gave me a ticket, not for speeding but for disobey sign sect. 182(2). I don't know what sign he was talking about. I figured he was really holding up the traffic and he didn't like me passing him. When he gave me my I.D. back, he said the traffic was going to be heavy and he's trying to keep the speeding down. I drove for 7 hours to Windsor in light traffic. Go figure!!! I saw a similar story about Hwy 10. It does not say anything about points. I think he gave it to me because we live so far away. I have a VERY clean driving record and I'm 55 years old.Could someone please give me some advice on what to do? If I fight it, I have to go all the way to Parry Sound!I don't think I deserve this ticket. THANK YOU.


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Re: Disobey Sign sect. 182(2)
PostPosted: Thu May 27, 2010 8:40 pm 
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Location: In YOUR rearview mirror!
saxmanb wrote:
I have passed many radar cops parked with their radar on.

You do not know when and if radar is on. Officers could be doing notes, using an onboard computer, waiting for a vehicle from a driving complaint etc..

Quote:
After I passed them, I drove, in my opinion, just long enough for him to find out we were from just outside of Windsor.

A huge majority of police check the plates prior to stopping for safety reasons, not for where people are from.

Quote:
gave me a ticket, not for speeding but for disobey sign sect. 182(2). I don't know what sign he was talking about.

Speed limit sign of MAXIMUM km/hr. It is discretion to use the speeding offence or disobey sign offence

Quote:
I figured he was really holding up the traffic and he didn't like me passing him

The officer is leading by example and following the speed limit on the deadliest highway in Ontario. I also drive at the speed limit when not responding to calls for service and can guarantee anyone that passes will be stopped.

Quote:
he said the traffic was going to be heavy and he's trying to keep the speeding down. I drove for 7 hours to Windsor in light traffic. Go figure!!! .

Comparing traffic on the 400 and 401 is far different than the cottage highway 69. Then there is the time lapse over 7 hours which makes a huge difference in the respective areas. Hwy 69 is also a funnel highway, with no other direct avenues thru the area, so the traffic will also be heavier.
From 2006
http://www.raqsb.mto.gov.on.ca/techpubs ... 20Only.pdf
Hwy 400 at Hwy 69 (4 lane area) = 7500 vehicles a day
(now squeezing those vehicles into 2 lanes)
Hwy 69 from 5500 to 14000 vehicles a day pending area

_________________
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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PostPosted: Fri May 28, 2010 1:51 am 
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saxmanb wrote:
Could someone please give me some advice on what to do? If I fight it, I have to go all the way to Parry Sound!I don't think I deserve this ticket. THANK YOU.


You could hire a paralegal to fight it for you, if you don't want to go all the way to Parry Sound. Otherwise, anything else, including plea-bargaining, would really involve driving there. There's a form to fill out on the bottom of this page for a free no-obligation quote, and, of course, you're free to shop around.

Now for the other details:

saxmanb wrote:
It does not say anything about points.


Disobey sign is 2 points. Depending on your insurance provider, you may or may not get a premium increase for this particular conviction. (Usually it would be a small surcharge, but don't bet on it.)

saxmanb wrote:
I have been travelling that road for 8 years and my average speed was 105. I have passed many radar cops parked with their radar on. I have never been stopped, ever!!


There's no way to know if their radar/lidar is off/on unless you've got a detector (which is illegal), or you can see the officer actually holding the device and clocking traffic. There's also a difference between going by a police officer who's parked and conducting speed enforcement versus passing a marked police cruiser. Passing a marked cruiser in most parts of Ontario is like waving a red flag in front of a bull: "Please pull me over."

saxmanb wrote:
I don't know what sign he was talking about.


Exceeding the speed limit is disobeying the sign. However, it is $110 for disobey sign, as opposed to $52.75 for 15 km/h over the limit, which is probably what you were doing.

saxmanb wrote:
When he gave me my I.D. back, he said the traffic was going to be heavy and he's trying to keep the speeding down. I drove for 7 hours to Windsor in light traffic.


"Heavy traffic" is relative. What someone, including an officer, from rural Ontario would perceive as "heavy traffic" is very different than someone from Windsor or Ottawa or the GTA. Holiday weekends in Ontario are typically a bloodbath on the roads and it's not surprising that Odot was out driving in traffic trying to keep the speed down.

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* 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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