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You got stopped for 20 over on the 427?! :? :shock: :shock: :shock:

I thought that when on a highway and going with traffic (120km) that you wouldn't get a ticket. Is this normal behavior?

Not in the GTA. Toronto Police Traffic Services might stop at around 20 over, but I haven't seen Odot stop people until they're 125+ or more in the Toronto ...

Have you filed for a trial yet?
Where did it happen?

Their method of calculating speed is by using a stopwatch to time the interval between fixed distance markers placed 500 metres apart. It's not quite as accurate as lidar or radar, but it's pretty close. As in, it's good enough for a conviction. Speeding charges laid by the OPP aircraft are ...

"DOH" wouldn't apply to getting ticketed for 15 over when you're actually going 56 over. "WOO-HOO" would be the proper expression.

Your testimony is going to have to be consistent and unshaken on cross-examination by the Prosecutor. If you are certain you entered on an amber light, and can testify to such, there's a chance you should win.

BTW... I thought there's a red light camera on the Erin Mills Parkway at the 403, no?

No signature? At all? If the ticket was electronically written, then it's still valid... but otherwise, for most tickets, the signature is required or it is a fatal error.

As for losing sight for 30 seconds, that argument may or may not work. The "sight lost" has to be sufficient such that it would be reasonable that a similar vehicle could've ...

56 km/h over lowered to 15 over at the roadside?!?!?!?!?



I speak three different languages and, between all of them combined, there aren't enough words, phrases and expressions to convey just how lucky you were.

Reflections wrote:Personal opinion: Pay it and thank the officer

X2

A fine reduction? Might be too late for that right now, but you probably could discuss a payment schedule, etc. The best bet to get started would be to contact the courthouse where you were convicted.

Typically the Genesis VP Directional is tested by an internal test (push of a button), and by an external test, which involves the officer driving down the road and comparing the radar reading to what is on the vehicle's calibrated speedometer. This is actually a better test than the tuning fork. This is largely why the Genesis is not sold with a ...

They can amend the offence. However, driving isn't the issue. You do not have to be driving the vehicle to be charged with this offence. The issue is "care or control." If you were so much as sitting in the vehicle (among other things), for example, you could be charged with this offence.

Technical point (and really it's just semantics), in Canada it's actually "reasonable grounds" as opposed to "probable cause."

should i be requesting the full disclosure now, or wait until my first attendance? and what do i do at my first attendance?

If you have a court date, request it ASAP. The items you want to ask for with this disclosure ...

Actually... I'm going to have to correct my statement about 144 (19)... because here's the key point:

(19) Despite subsection (18 ) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,

(a ...

A "reason" for plea-bargaining is not required. If they don't give you what you want in First Attendance, you can see what they offer on the day of trial. Usually, it is on the trial date that you'll get their "best offer," though.

You could ask your parents to plea-bargain for you.

Just to add... here's sections 141 (2), (3), (6) and (7) of the HTA:


Right turn at intersection

(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand ...

If the only thing the paralegal can do is plea-bargain, I'd suggest plea-bargaining yourself. If you're concerned about it, and want to make sure the procedure is done correctly, then a paralegal isn't a bad idea.

Some places allow you to file the ticket by mail. Others require that you go into the courthouse and file it there. The instructions ...

If the situation is as you describe it, Mr. Hit and Run is going to wish he'd just paid for the damages, IMO... fail to remain is not a "fluff" charge. If he's convicted, his insurance company will almost certainly terminate his coverage, and he'll have to get Facility Insurance, which is usually well over $12K per year.

I believe the radar reading and manual would help me navigate these waters...sound on-point?


The manual could help you construct a defence. For example, in the officer's notes, if he says he "tested radar in accordance with manufacturer's specs," the manual would spell out how to do this. You could then ask, at trial, how he tested it, and ...

How did you send the disclosure request (fax, registered mail...)?

If you have proof of the two requests, you can try to file for a stay, but I'm not really sure it will work. At the very least, it should result in an adjournment so that the material can be received. It may also just spook the Prosecutor into offering a better deal. What did you ...

+1

People play these stupid games, such as "I ran the red light, but it's your fault," or "your vehicle was parked, so it's your fault," or "you should have known I wasn't going to yield, so it's your fault." Blah blah blah. What I'd do is let the guy know that he can be charged with fail to remain, so if he wants to play games, you'll just get ...

I'd suggest fixing the problem, take photographs, show that the problem has been corrected, and see what they do about it. They may offer a lesser charge, or they might withdraw it, but I don't really want to promise anything. This particular charge is laughably easy to prove.

Simon Borys wrote:This is why I'm a big fan of educating people and why I take the time to share my knowledge and experience on this forum, because justice suffers when people aren't educated about the law and their rights.

Education is the pillar of democracy. Without it, the system is doomed to fail.

I'd say it's worth fighting. You can at least plea-bargain it down. At the end of the day, the worst-case scenario is you get convicted of the original charge (that is, if they don't accept a plea-bargain).

Plea-bargaining means you choose option 3, and before the trial begins, the Prosecutor will probably offer you a deal. You don't plead guilty ...

For a speeding case, you are entitled to:

- Officer's notes (typed ONLY if they are not legible)
- Radar/lidar manual

That's it. That is what the courts consider to be sufficient to make a full answer and defence to the charge. Let's see... case law related to that...

City of Thunder Bay v. Millar
R. v. Lorna Bourget
R. v. Oosterman, 1998 ...

Introducing AMPs would be a great idea, from what I see. There are so many issues which should be dealt with in an administrative manner instead of the court system.

Keeping a good part of the HTA under the court system is probably a good idea, though. I think the state of New York handles a large number of its traffic tickets as administrative ...

Ultimately, in a you-said/I-said situation, it's difficult. A trip to small claims court may be required, unfortunately, particularly if the damage amount is below your deductible. Get a copy of the report you filed with the Collision Reporting Centre. You may need that, plus you may need to get in touch with the police and your insurance company ...

It is four demerit points. Basically, if you move out of your parents' home to go to university and they remove you as a "secondary" driver, there probably wouldn't be an effect on the insurance. However, any insurance you are "attached" to would most likely be affected by this ticket, if you are convicted.

If you pick option 3 and set a trial ...

Haven't heard from ticketcombat in almost a year...

LeafsChopper wrote:if he was only 1 car length behind you when you first heard him then i wouldn't consider his pipes loud, lol....

"Loud" is relative, after all...

I'd probably go to court and try to get it re-opened. If you're concerned about the technical aspects of it, consulting a paralegal may be worthwhile.

Start by calling them, though, and find out what happened. Four months seems unusually fast for a court date in Scarborough, maybe there was an administrative error (which would be no surprise).

The ticket doesn't have to specify which sign was disobeyed, just the location where the alleged offence occurred... so at an intersection with multiple signs, it could be very ambiguous. As Simon Borys says, disclosure should reveal more...

Biron: That's an interesting development... Keep me posted...

mischief: Sorry it didn't work out for you, although a lesser charge is still better than the original charge, IMO...