charged with speeding 15 kl over in process of passing

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hoistman
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charged with speeding 15 kl over in process of passing

Unread post by hoistman on

I was ticketed 15 kl over the speed limit of 90 while legally passing. Iwas traveling from Sault Ste Marie to Wawa, a distace of app 240 kl. Pass the half point I came behind a car who on several time slowed down to around 80 kl. The stretch of highway that I was on has a lot of turns with short passing straight. I have traveled this highway for app 20 years, often working in between these town. I knew that Old Women River was comming up. It has a app 2 to 3 kl down hill straight stretch of highway with clear visibility. It also has a passing lane comming up the hill going south. Because I was towing a dual axles trailer empty and the passing stretch were too short I stayed behind the slow car for app 10 kl until I reach Old Women. I saw a car comming up the hill using the lane closess to the ditch. I signal and started passing, the car ahead pick up speed so I increase speed to app 110 to 115 while passing. The car comming toward me up the hill was an Ontario Provincial Police. I pass the car, returned in my lane and the speed limit. In my rear view I saw the cruiser turning around and proceeded to stop me. What did I do wrong. I pass safely. I was not speeding prior and after passing. The officer maintain that even while passing if going over the speed limit I can and was charged with speeding. This is frustraring, I do not think that I did any thing wrong. The officer ask me twice how fast I was going.I tried to tell him that I only increase speed to pass that I fallowed the speed limit all the way from the Sault.When he told me that I was pretty confrontational I gave up. What do I do. Go to court talk to the judge or just pay the fine. 118.oo


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FiReSTaRT
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Unread post by FiReSTaRT on

You didn't do anything wrong but you still broke the (stupid) law and got nailed for it. I'd take it to court and try to get off on a technicality, such as 11b or lack of disclosure. Check out this site http://www.ticketcombat.com/ as it will give you a great primer on the process and your options. Good luck!
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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hwybear
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Unread post by hwybear on

hoistman wrote:I was ticketed 15 kl over the speed limit of 90 while legally passing.
You may have been in a legal area to pass, however there are no excemptions to the speed limit to pass another vehicle.

You got a break too that was the lucky part, from 25km over (3 points) down to 15 over (0 points).
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FiReSTaRT
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Unread post by FiReSTaRT on

Just to clarify something... Whether it's 15 over, 25 over, 45 over or 5 over, it will be treated the same by the insurance industry. Unless you're a professional driver and need 0 points on your abstract to keep your job, your ticket isn't any less worth fighting. My insurance rates went up 20% because of a 10 over ticket and a 5 over ticket in a 3 year period.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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Bookm
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Unread post by Bookm on

FiReSTaRT wrote:My insurance rates went up 20% because of a 10 over ticket and a 5 over ticket in a 3 year period.
You MONSTER!


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FiReSTaRT
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Unread post by FiReSTaRT on

Yeah, the street racing kind.. Just waiting for Fantino to take back his sock-puppet from CP24, mount it on his left forearm and impound my car/bike/lawnmower :shock:
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


hoistman
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Unread post by hoistman on

Need more rolaid! In pursuing research in my ticket. I contacted the Sault detachment of the OPP and spoke to the duty officer. I explain to him the event that led to my ticket. The issuing of a ticket is at the discretion of the officer. In this situation the duty officer would not have issued the ticket, 1. the reason for passing was valid, 2. passing was done in a desingnated area and safelly, 3. the increase of speed is often necessary to pass in a timelly manner, 4. in these instence the increase of 10 to 15kl is not deam to be exceffive pertaining that the driver resume speed limit once passing is done. Every situition has it own prablem and has to be asses accordingly. By the time I got stop I had just driven over 200kl at the speed and had no reason to do otherwise. It is very frustratinig getting a tcket even knowing you deserve it and the consecquance that it has on your insurance,but gut wrenching when you feel or know you did nothing wrong. Fallowing the direction of the duty officer, I will tick of the not guilty at the beck of the ticket and explain my situation to a judge in court. Will keep you posted. Hoistman


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FiReSTaRT
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Unread post by FiReSTaRT on

This happens quite a bit.. People perfectly content to do 80 in a 90 zone accelerate to 110 as soon as you try or to pass'em. Seen too many of those goin' up/down 69.
Explaining the situation to the JP probably won't do you much good. Speeding is an absolute liability offence, which means that if you did it, you're guilty. You admit to it, you're found guilty in court. What you were doing while speeding doesn't really matter in 99.9% of the cases and your case is one of those that will get you convicted.
You need a better defence plan than "Your Worship, I was passing someone and you can't really pass without going over the speed limit." In some cases laws and common sense do not mix.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.


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hwybear
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Unread post by hwybear on

hoistman wrote: I contacted the Sault detachment of the OPP and spoke to the duty officer.
What is a duty officer at detachment?

This just reminded me of a video from youtube

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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Radar Identified
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Unread post by Radar Identified on

FiReSTaRT wrote:This happens quite a bit.. People perfectly content to do 80 in a 90 zone accelerate to 110 as soon as you try or to pass'em. Seen too many of those goin' up/down 69.
Yeah, and it drives me FRIGGIN' BANANAS!

Don't get me started... :x :x :x


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ticketcombat
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Unread post by ticketcombat on

hwybear wrote:This just reminded me of a video from youtube

I've got to comment on that video. If I understand it correctly this self-righteous "driver" decides it would be a good idea to make a documentary WHILE DRIVING??? At one point he quickly moves his camera from the side mirror to check the road ahead and then back to the side mirror which suggests he's actually steering through the camera display. Surely such a law abiding driver like him would keep both hands on the wheel. So what's he using to hold the camera, his teeth? By the way, isn't there's a law against using display monitors in the front seat, you know, like a video camera!

And of course, the classic big finish ending where there's a cruiser on the side of the road (lights on) and he doesn't slow down or move over. Yep, he drives the speed limit all right and no doubt thinks he's the safest driver on the road. Beware the self-righteous, they're the most guilty of all.
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Unread post by Radar Identified on

ticketcombat wrote:Yep, he drives the speed limit all right and no doubt thinks he's the safest driver on the road. Beware the self-righteous, they're the most guilty of all.
No kidding. :x

I'd add, too, that when a large transport truck moves to pass on an undivided two-lane highway, the smart thing to do would be to just back off the gas a little bit so they can pass quicker, but not this guy! Just maintains his speed and films while driving a 150 000 pound vehicle (or whatever) about six feet from oncoming traffic with a closing speed of 180 km/h. :shock:

One more thing, not justifying the nutcase who passed on a double-line going around a blind curve, but if someone did that to me, I'd brake so that the idiot can complete the pass ASAP and stop endangering oncoming drivers on the highway. Seriously, if someone's doing something insane like that, anyone with common sense would put down the camera and reduce speed. Where's an oncoming driver going to go if they suddenly appear coming around the bend? Oh wait... I forgot... someone with common sense wouldn't be filming while driving. Disregard...


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Unread post by tdrive2 on

Speaking of that video about what 6 or 7 trucks race around him?

Maybee he is the problem and not everyone else, i wonder if he ever thinks of that while he sits there filming his video and that everyone else has to race around them and his ignorance.

I wonder if those trucks that camp in the middle lane at 105 ever realize this as everyone has to race around them on the side and then end up cutting them off the second they can pass the truck?

Maybee they could just move over in the right lane and allow the traffic to low normally instead of forcing everyone into the left lane to close to each other.

It happens all the time, some will slow down as they all get in their lane to pass the slow truck in the middle, others will get mad and tailgate them, and others will not have the patience and will go across all lanes, pass on the right, and go back to the left.

Unless they're is a Crown Vic Marked OPP on it.

Well then they're all angels. The truck would move over. And people would pass properly, not drive to close, and they would also only go 14 km/hr over the speed limit.


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Squishy
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Unread post by Squishy on

So when I drive 80 or 90 km/h on a two-lane highway, I'm being a problem? Oh noes.

In this case, that trucker couldn't move any more to the right. Otherwise, you're right. I hate those who can't seem to keep right; my dad is one of them and I just can't change his mind. He also thinks it's safer to brake during a turn based on his own understanding of physics...I gave up on that when he told me to go draw a free-body diagram. :lol:
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Unread post by racer on

ONTARIO REGULATION 455/07
Definition, “stunt”

3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:

1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.

2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.

3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.

4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.

5. Driving a motor vehicle with a person in the trunk of the motor vehicle.

6. Driving a motor vehicle while the driver is not sitting in the driver’s seat.

7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.

8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,

ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,


iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or

iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and

(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.
So, if the driver whom you were passing sped up to avoid being overtaken, then s/he should have been charged with 172 (Stunt Driving) instead!

Also, he was slowing down thus making everyone behind him slow down, including hoistman, when hoistman would not have ordinarily slowed down.

Hope this is useful!




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"The hardest thing to explain is the obvious"

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