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Ontario Highway Traffic Act

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Re: Speeding ticket 15km/h over, what to do now?
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PostPosted: Sat Feb 06, 2016 11:31 am 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
ynotp wrote:
Question for others: Is it possible that the officer wrote the test time in his notes before he actually did? If you can get the officer to admit he wrote that he tested the device at the end of his shift before he actually did it, it could potentially give you reasonable doubt as to if the device was tested at all.


Can someone who is familiar with the new system of typing notes into the system when e-ticket is issued please answer this?


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Sat Feb 06, 2016 12:10 pm 
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ynotp wrote:
ynotp wrote:
Question for others: Is it possible that the officer wrote the test time in his notes before he actually did? If you can get the officer to admit he wrote that he tested the device at the end of his shift before he actually did it, it could potentially give you reasonable doubt as to if the device was tested at all.


Can someone who is familiar with the new system of typing notes into the system when e-ticket is issued please answer this?


I would like to know that too. I think im going to wait until after my renewal and just pay it and avoid going to court and thats it. I dont see a better choice.


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Re: Failure to Stop at Red Light
PostPosted: Sat Feb 06, 2016 4:53 pm 
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OP. That is a pretty miserable ticket and yes people drive like that all the time. The officer is wrong about the stunt driving, that applies when you gun it as soon as the lights turn green to beat the traffic that is going straight ahead opposite you.

If it was 144(18) I don't think that applies to you as it talks about entering the intersection:

"Red light
(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18)."

The light wasn't red when you entered the intersection. I would suspect the prosecutor will drop it.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Sat Feb 06, 2016 8:42 pm 
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If the system works the same way as other mobile report entry systems, you can go into any report that you make and modify it prior to it being sent.
Your password will only let this happen if it's your own report or statement. After its sent it becomes locked and can not be modified.


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Sun Feb 07, 2016 12:39 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
I think it's worth looking into and finding out exactly how this system works. In the electronic world there must be electronic logs showing every access to the system itself. If the notes are tied to the ticket and is submitted at the same time via electronic transmission I would make another disclosure request for the exact time the ticket and the notes were transmitted into the system and compare that to the time of the actual ticket itself. I would also include any record of edits to the notes.

You can do this before the start of trial. If the JP agrees with your rationale you'll get an adjournment until the records are provided. If he disagrees and you don't want it to go to trial just plead guilty at that point.

If the ticket and notes were transmitted prior to 22:00 I would make a stink about officer writing down things as fact in his notes that haven't actually happened.


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Sun Feb 07, 2016 12:46 pm 
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You could also make another disclosure request and specifically ask if the officer has other notes (electronic or hand written) besides what was provided to you.

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


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Mon Feb 08, 2016 8:53 am 
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I won't say it happens everywhere but around here most police service don't provide notes in the e-ticket system. The e-ticket is submitted without evidence on it and all notes are in notebook.


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Re: Speeding ticket 15km/h over, what to do now?
PostPosted: Mon Feb 08, 2016 9:22 am 
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Joined: Sun Apr 27, 2014 10:21 am
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its 3 years on the system and your insurance will want to know about it for 5, although after 3, it will be less of an issue, assuming your still clean

Robfer wrote:
I see that Im pretty much screwed then. Its so ridiculous, something so small will affect your insurance by 15%. So if i pay for example this ticket right after my insurance renewal which is in May, will the court appearance to be dropped? Because my insurance company only keeps for 1 year your first mistake on the record, or it probably didn't even went to my record with my insurance company. So if i pay this after the renewal my record will be clean and this will be my 1st infraction again and i wont have an increase on my insurance. Or maybe if i plea compassion maybe? Im in a pickle now.

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