The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits). I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a tiny vintage sportscar, the following vehicle was a 4x4 pickup). I drive 30-40,000km a year on this highway and know what I can get away with, I was going 103-105, and had he actually locked on me the most he would have gotten would have been 101-103 due to cosine error from a hill and curve. Just below the "real" limit of somewhere around 105 (in this particular area their tolerance is very low, it can be less than that, and rightly so, it's also one of the best places to hit a moose....). I verify my speed with a GPS speed readout at all times and would like to maintain my clean record for insurance purposes. Also, being wrongly accused just bugs the hell out of me. I am 100% certain the radar locked on the larger, faster, vehicle behind me, and the officer automatically attributed the reading to me, but obviously failed to visually confirm my speed. He failed to consider the possibility that the nearest target was not necessarily the strongest target. My question - how much does a visual confirmation of a vehicles speed factor into the burden of proof? Is it required by law that there is a visual confirmation of the speed? Before, or after, the "lock"? Since I was not going 121, there's no way I could look like I was going 121. At no time during the stop did the officer mention that I "looked" to be going that fast. When I objected to his reading he said he wasn't going to argue with me. He also said later if I wanted to come to court to talk about it I could. I am thinking of taking him up on his offer, casting doubt on the accuracy of his choice of target, not the accuracy of the radar itself (which in my opinion is a waste of time). I understand the court process well enough to know that this would hinge entirely on my cross examination, looking for advice on the possibility of a positive outcome? Thanks in advance!
I keep waffling back and forth on this, wether to fight it, or not. I've decided to go with a #3 (request trial) and at least review disclosure, before making up my mind. At least waste some of their time so the don't make any money off me!! I have a few other specific questions that may be better added to general discussion as new topics but I will also keep this thread alive as it relates to the case.
I keep waffling back and forth on this, wether to fight it, or not. I've decided to go with a #3 (request trial) and at least review disclosure, before making up my mind. At least waste some of their time so the don't make any money off me!!
I have a few other specific questions that may be better added to general discussion as new topics but I will also keep this thread alive as it relates to the case.
I have a pretty general question, I am just wondering, If a Police Officer is doing radar (or laser.. whatever) on an unlit area of a highway and is out of his vehicle do this, with his vehicle faced into traffic (but on the center median emergency turn around). If there is multiple cars on the…
Hi there, this incident occurred on the night of July 1st, so my deadline on this ticket is July 16th. I plan on going to the court office on Monday so I figured I'd see what the experts think about my case. As a result, I apologize for the long post, but I don't want to leave out any details.
I have several problems and I'm wondering what my options are. This past weekend I was driving home from Lake Huron and was caught going 112 in an 80km/h zone. I am currently on my Quebec probationary license which is revoked at 4 demerit points. The penalty in Quebec for going +32 km/h over is 3…
Careless driving (HTA 131) deal down: lessons I learned
Careless Driving (6 demerit points) seems to be a "favourite" charge among police officers. It is certainly serious enough to get your attention and any plead down to say 2 or 3 points seems a gift. Here is a case where quick action and…
Hi All, I want some helpful tips in fighting this ticket. Here is what happened. Southbound approaching an intersection..my daughter in the left hand lane (4 lane street - Bathurst southbound Richmond Hill), she is riding behind a slower vehicle in the left hand lane. As she approaches the…
Does anybody know how you can check the status of your Demerit Points and how many you have collected over the last two years?
I just received a ticket as I was travelling through Barrie and am debating whether or not to fight it. My decision will be based on whether or not an infraction I received…
iam from ottawa, ont .... on the july 30( civic holiday weekend) i was drving my mom, dad, little sister to toronto to visit my sista....going throught belleville . i was driving on the right lane on the highway by the way ... suddenlly i saw cars in front of…
I was charged with careless driving last night. I am hoping anyone here can give me advice . Right now I am upset, angry, stiff and sore and don't know if I should just go right into my long drawn out account of what happened or just give a basic outline and answer questions anyone may have. I…