I'm writing for myself this time. This morning, I was on the WB 407 on my way to school. For about 15 km, I was following an OPP SUV in the left lane. The officer was generally driving between 120 and 125, and I made sure to keep a safe distance. Before I go any further, yes, I know I was speeding, and I know that any testimony I may give if I wind up in court will confirm I was speeding. I do not expect to beat the speeding charge (as described below). As we neared the Vaughan-Brampton border, the officer accelerated. I did NOT accelerate to keep pace. He then quickly slowed down; in the brief moment it took me to react, I was close to him before backing off. He then switched to the centre lane and I passed him at about 100. He put on his lights and got behind me. I found a safe spot to pull over. He came up the right side and yelled into the car, "The speed limit here is 100. You were doing 135. And you were right on my bumper, so I'm also going to give you a ticket for following too closely. I need to see your licence, registration and insurance." Having paid attention to the many posts here, I said nothing. My wallet was on the back seat in my backpack. As I reached for it, I explained that I was getting my licence out of my backpack. I took it out and handed it to the officer. He walked back to his SUV as I reached for the glove compartment to give him the registration and insurance. Needless to say, I had a vision of him giving me tickets for failing to provide registration and failing to provide insurance. I knew exactly where they both were and was simply reaching for them when he left. He came back within just a few minutes. He handed me two electronic tickets and said something to the effect of, "This is what I'm alleging. You have two weeks to decide what you want to do." Before I could even straighten the pages, he was in his SUV and gone. Thankfully, the registration and insurance weren't an issue (I had them both in my hand when he came back, just in case). He gave me two tickets, one for 135 in a 100 zone contrary to s. 128(1) of the HTA ($265 all-in) and one for Follow too Closely contrary to s. 158(1) ($110 all-in). There are no mistakes on the tickets. If it weren't for the Follow too Closely ticket, I'd try to get the speeding reduced to 115 so there would be no points. The Crown isn't about to withdraw one charge and reduce the other, so my options are limited. Obviously, I have a few questions. Does the fact that the officer was driving at a high rate of speed when not pursuing anyone matter? I've heard widely differing opinions as to what a police officer can and cannot do while simply driving or patrolling. The wording of subsection 158(1) is rather vague: The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. What constitues reasonable? Obviously, when two vehicles are driving at approximately the same speed and the vehicle in front slows down, the vehicle behind will momentarily move closer until the driver of the trailing vehicle also slows down. Is there such a thing as rear-facing vehicle-mounted radar? Or would the officer be relying on his speedometer? For the officers in our community: how long would it typically take you to complete your typed electronic notes in a situation like this? I type extremely quickly, but I don't think even I could have possibly typed detailed notes in the time the officer was in his SUV. Do I have any chance of challenging what would likely be an assertion that he'd typed his notes at the time he pulled me over? The tickets show that the offences were allegedly committed in the City of Vaughan and that the Newmarket court has jurisdiction. I'm usually extremely careful to note fine details, but I was off my game this morning...probably because sitting on the shoulder was not my idea of fun while I was trying to get to school. If we'd actually crossed into Brampton (Peel Region), would that matter? I'll probably think of more, but that's my Monday morning dilemma.

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Speeding and Follow Too Closely

by: Zatota on

79 Replies

Zatota
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Re: Speeding and Follow Too Closely

When I gave my name to the Prosecutor, she pulled out the court copies of the trial notices and paperwork. Under the date stamped notation that I had requested disclosure, I saw the handwritten notation "Unanswered WDx2." Madam Prosecutor told me the Officer had not responded to the court's request (he didn't show up either), so she would be withdrawing both matters. I didn't expect that! But I'm certainly not complaining.

When I gave my name to the Prosecutor, she pulled out the court copies of the trial notices and paperwork. Under the date stamped notation that I had requested disclosure, I saw the handwritten notation "Unanswered WDx2." Madam Prosecutor told me the Officer had not responded to the court's request (he didn't show up either), so she would be withdrawing both matters.

I didn't expect that! But I'm certainly not complaining.

ShrekTek
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Re: Speeding and Follow Too Closely

Take the win anyway you can! Congratulations on winning!

Take the win anyway you can!

Congratulations on winning!

I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek
Zatota
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Re: Speeding and Follow Too Closely

Yup! Thanks.

Yup! Thanks.

argyll
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Re: Speeding and Follow Too Closely

Well good for you and, to be honest, shame on the officer. If you are going to lay a charge then it should proceed...otherwise you're just wasting everyone's time and giving you grief for no reason.

Well good for you and, to be honest, shame on the officer. If you are going to lay a charge then it should proceed...otherwise you're just wasting everyone's time and giving you grief for no reason.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Zatota
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Re: Speeding and Follow Too Closely

I don't disagree. Part of me actually thinks he had no notes. He sped away from the shoulder before I'd even restarted my car. Unless he typed them really quickly before bringing me the tickets, he didn't have time to make any. He was really angry when he pulled me over, as I may have mentioned initially. He probably just wanted to piss me off and waste my time, perhaps hoping I wouldn't fight the tickets or request disclosure. Of course, I wonder whether he would have shown up if I hadn't. But all's well that ends well.

argyll wrote:

Well good for you and, to be honest, shame on the officer. If you are going to lay a charge then it should proceed...otherwise you're just wasting everyone's time and giving you grief for no reason.

I don't disagree. Part of me actually thinks he had no notes. He sped away from the shoulder before I'd even restarted my car. Unless he typed them really quickly before bringing me the tickets, he didn't have time to make any. He was really angry when he pulled me over, as I may have mentioned initially. He probably just wanted to piss me off and waste my time, perhaps hoping I wouldn't fight the tickets or request disclosure. Of course, I wonder whether he would have shown up if I hadn't.

But all's well that ends well.

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