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Ontario Highway Traffic Act

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Speeding and failure to surrender licence
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PostPosted: Wed Feb 06, 2013 7:34 pm 
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My 17 year-old daughter was stopped last week for speeding. Of course, she had also forgotten her licence. She was actually on her way home to get her licence when she was stopped.

She was charged with speeding under HTA 128 for going 65 km/h in a posted 60 km/h zone. The officer told her she was actually going 68 but he dropped it down for her. He did not offer to let her look at the radar to verify the speed.

She was also charged with failing to surrender her licence under HTA 33(1).

Here's what I find funny about both these tickets:
- where she was stopped is actually a posted 50 km/h zone - in fact the whole road is posted at 50 - no where is it posted at 60 - I have no idea what the officer was thinking when he wrote it as a 60 km/h zone and since she did not look at the radar I have no idea what her actual speed was (she does admit to doing over 60 but is adamant it would not have been 68);
- the tickets are dated one minute apart but the location on one ticket is written as "King Road south of Ellengale" and on the other ticket as "King Road north of Deborah". Both are correct but these two streets are more than 300 metres apart.

Any thoughts on fighting these tickets? I would think the speeding ticket should be easy given the erroneous information but not sure about the other ticket. What's the impact of the two different locations?


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Re: Speeding and failure to surrender licence
PostPosted: Wed Feb 06, 2013 11:27 pm 
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mdeaton wrote:
- where she was stopped is actually a posted 50 km/h zone - in fact the whole road is posted at 50 - no where is it posted at 60 - I have no idea what the officer was thinking when he wrote it as a 60 km/h zone and since she did not look at the radar I have no idea what her actual speed was (she does admit to doing over 60 but is adamant it would not have been 68);


The officer has no obligation to show you his radar gun.

mdeaton wrote:
- the tickets are dated one minute apart but the location on one ticket is written as "King Road south of Ellengale" and on the other ticket as "King Road north of Deborah". Both are correct but these two streets are more than 300 metres apart.


Correct. One location is where the officer clocked her speed. The other location is where she was pulled over with no license.


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