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Ontario Highway Traffic Act

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Error by officer?
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PostPosted: Sat May 30, 2015 4:50 pm 
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Joined: Sat May 30, 2015 4:24 pm
Posts: 1
Would like to get the opinion if this is fightable or not... What are some defences for the following situation?

An officer gave me a ticket for going 85 in a 70. However I was in an area where the posted speed limit was 90. I had witnessed the officer entering the highway within the 90 zone. Approximately 1-2 km's away around a bend, preceding where the officer entered the highway was a 70 zone, so there was no way for him to know my speed.

1. The ticket doesn't state where the offence occurred, e.g. highway X at street.
2. The location of the ticket was in a 90 zone.
3. I believe the officer didn't know where the 70 zone ended and the 90 zone began.

What should I do?


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Re: Error by officer?
PostPosted: Sat May 30, 2015 5:18 pm 
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Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
If I were you I would book a court date and then request disclosure of the officer's notes. Once you get a copy of the officer's notes you can see where he says he first got a speed reading on your car. If the location where he says he first picked up your car was within the 90 zone, then you have a great defence for court.


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Re: Error by officer?
PostPosted: Sun May 31, 2015 5:19 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
kwdriver wrote:
1. The ticket doesn't state where the offence occurred, e.g. highway X at street.


It wont go into that much detail on your ticket. You'll have to request disclosure. The officers notes should have more detail about the exact location your speed was calculated, how it was calculated, etc. Example, if there had been radar enforcement, it'll list the officers position, the distance of your vehicle from that position, etc.

kwdriver wrote:
2. The location of the ticket was in a 90 zone.


You just said the ticket doesn't give you an approximate location, so it can't be both. Where the officer stops you, where the officer was positioned, and where your speed was calculated are all going to be completely different things. You're assuming way too much. It's hard to tell from your description whether he was pacing your vehicle, had set up a speed enforcement zone, was working with other officers, etc. By your own admission, the previous speed limit had been 70. Just because you saw the officer enter the road where the limit was already 90 doesn't mean your speed hadn't already been calculated before that. You got to request disclosure. At this moment, you're making a case out of thin air.

kwdriver wrote:
3. I believe the officer didn't know where the 70 zone ended and the 90 zone began.


Request disclosure and find out for sure.


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Re: Error by officer?
PostPosted: Wed Jun 03, 2015 8:47 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Choose Trial Option 3 Not Guilty with Officer Present. Once you get a trial date, you can request disclosure.

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


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