Accused of aggressive driving while passing by OPP in Thunder Bay and handed a speeding ticket for 113 Km

Pinkfloyd1964
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Accused of aggressive driving while passing by OPP in Thunder Bay and handed a speeding ticket for 113 Km

by: Pinkfloyd1964 on
Thu Nov 15, 2018 6:28 pm

I was coming into Thunder Bay with my Dad and son. I was following about 5 vehicles. They would go from 80-100 KM up and down. I passed them when I got a chance. Then I got onto the expressway and passed 2’tandom trucks. I got pulled over. The police officer asked me why I passed 5 vehicles. I told him no one was coming and it was safe to do so. Then he asked me why I passed when I got on the expressway and I told him I wanted to get ahead of the random truck. He gives me a ticket for speeding for 113 km. I wasn’t speeding!! I was passing. So not right. Why would I put my son and father in danger??He accused me of aggressive driving. So not right!! So to fight it it I have to come back to Thunder Bay?? This is isn’t right!!


bend
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by: bend on
Thu Nov 15, 2018 11:33 pm

Pinkfloyd1964 wrote:
Thu Nov 15, 2018 6:28 pm
He gives me a ticket for speeding for 113 km. I wasn’t speeding!! I was passing.
If you're moving faster than the posted speed limited, you're speeding.

Passing is not a defense.


DynamicVapor
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by: DynamicVapor on
Tue Nov 27, 2018 6:40 pm

bend wrote:
Thu Nov 15, 2018 11:33 pm
Pinkfloyd1964 wrote:
Thu Nov 15, 2018 6:28 pm
He gives me a ticket for speeding for 113 km. I wasn’t speeding!! I was passing.
If you're moving faster than the posted speed limited, you're speeding.

Passing is not a defense.
The only defence for speeding is the defence of "necessity". I won't get into that as the criteria to even achieve that is so high 99.99% of anyone charged with speeding will not even be able to use it.


DynamicVapor
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by: DynamicVapor on
Tue Nov 27, 2018 6:43 pm

OP, any departure from the posted speed limit is considered speeding, regardless of the situation, as the motor vehicle driver you have the care and control of the vehicle at all times.

That being said, to fight the ticket you will need to set a trial date, to do so you must go to the court house listed on the back of the ticket. If it's too far for you I suggest you hire a legal representative in that area to fight it for you. You'll have to go to the court house a minimum of 3 times. 1, to file the trial request and disclosure request, 2, to pick up the disclosure and 3, to go to trial.


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