70 In A 50 Zone - Reduced From 86 Km/hr (disclosure Included)

A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
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onwestticket
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70 In A 50 Zone - Reduced From 86 Km/hr (disclosure Included)

Unread post by onwestticket »

What are my chances? I received a ticket for 70 in a 50 zone - reduced from 86 km/hr. With everything going on right now is there a possibility to ask for the ticket be withdrawn (since courts are extremely backlogged)? Or should I just plead guilty to the ticket and move on?


This is my first ticket if that matters.


Thanks !

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highwaystar
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Unread post by highwaystar »

The chances of your ticket being withdrawn are about 5-10%. That will only happen if the officer does not attend court and the JP is unwilling to adjourn the matter to another date. Remember, limitation periods have been frozen for all POA court proceedings so the 18 month Jordan time frame that normally applies is not currently applicable. While there will be a bit of a backlog at first, the government/courts will pass rules that give the system time to catch up without penalty.


Still, given the current uncertain times, you can simply plead not guilty and see how things progress over time. By doing so, you preserve your rights and you can pay your ticket at any time before your trial if it looks like it will indeed be going to trial. Of course, if you DO decide to actually go to trial, they will undoubtedly amend the rate of speed back up to 86 in a 50 zone (36 over). That's called a Winlow amendment. In your case, the officer used a LIDAR (laser device) which is quite accurate and more difficult to dispute since they usually make sure the laser beam hits off your car's licence plate or front grill.

onwestticket
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Unread post by onwestticket »

I was wondering if this would be beneficial in a defence? In my disclosure it is noted that I was the 1st vehicle but according to my dashcam there were multiple vehicles directly infront of me travelling in the same direction.

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highwaystar
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Unread post by highwaystar »

While the dash cam footage may disprove that you were the first vehicle and even challenge the officer's recollection, such evidence would have been more beneficial if the officer had used a radar device. However, in your case, they used a Laser. Undoubtedly, the officer will likely testify that they made sure the laser beam directly hit your vehicle only (usually your licence plate or front grill) as they were monitoring it from their viewfinder. Laser technology is not as open to variances as radar technology.

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