A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
VM94
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Ticket In Dryden, On Hwy 17 29km/hr Ovr

by: VM94 on

Hello,


I got pulled over at approx. 4:45pm, July 22nd, 2015 while driving to Winnipeg. I was following behind a car that was doing approximately 120km/hr on Hwy 17.


I was behind the car roughly 2-3 car lengths and doing approx. 110 km/hr.


The cop pulled both of us over, and issued me a ticket for 119km/hr saying that because he tracked the person in front of me for upwards of 126km/hr that I too was speeding.


Any information would be helpful in this situation would be awesome! I'm from Mississauga and will require someone who is able to fight this ticket for me in Dryden.


Cheers

VM94
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by: VM94 on

jsherk wrote:Did they use radar/lidar or did they pace you or how did they measure your speed?

From the cops response he paced us from the front, however I wasn't the "offending" car per say. I was behind another vehicle that was driving significantly faster then myself. I don't believe he used radar/lidar.

jsherk
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by: jsherk on

So I would choose NOT GUILTY option and ask for TRIAL with Officer present.


Once you get Notice of Trial, request disclosure. Request copy of officers notes and the manual for any speed measuring devices used and any audio/video recordings.


Once you get disclosure then you will have better idea of what their case against you is. It would be a lot of speculation to guess right now.


Off the top of my head though, it will be a lot harder for the officer to testify about pacing your car when he was pacing the car in front of you, which also means he would not have been able to see you clearly as you were behind the other car.


Keep us posted!

+++ This is not legal advice, only my opinion +++
VM94
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by: VM94 on

jsherk wrote:So I would choose NOT GUILTY option and ask for TRIAL with Officer present.


Once you get Notice of Trial, request disclosure. Request copy of officers notes and the manual for any speed measuring devices used and any audio/video recordings.


Once you get disclosure then you will have better idea of what their case against you is. It would be a lot of speculation to guess right now.


Off the top of my head though, it will be a lot harder for the officer to testify about pacing your car when he was pacing the car in front of you, which also means he would not have been able to see you clearly as you were behind the other car.


Keep us posted!


Thanks for the advice! I'm definitely planning to pursue this as I can't afford the insurance implications! Will keep you updated on what I receive in disclosure.


UnluckyDuck wrote:Remember, speeding is an absolute liability charge. If you go in saying that you were speeding, but doing 110, not 119, they will easily convict you. Just keep that in mind when preparing your defense.

In my eyes I wasn't speeding! ;)

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