A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
zerokarma
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Speed Trap - 79 In 50 Zone

by: zerokarma on

Unfortunately I got nabbed in a speed trap this morning doing 79 in a 50 zone. The speed along this highway (hwy 50) drops from 80 to 50 suddenly as you approach the town of Palgrave.


I was actually clocked at 80 something but he reduced it a small amount so that it would be 3 points instead of 4.


What I did notice was that he did not mark the code R on the ticket which would signal a reduction. So I am thinking maybe I can get it reduced even further if I take it to court.


Also I was wondering on the Ontario highway traffic act is there anything that outlines posted max speed reductions? like if there has to be a warning sign first that it is being lowered or if there is any leway once you hit that new speed limit?

zerokarma
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by: zerokarma on

Also I read somewhere that when they are doing radar it has to be linear/straight line, is this true?


Where the cop was standing with his radar and where my car was traveling there is a slight curve in the road.

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FiReSTaRT
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by: FiReSTaRT on

If you just want to get it reduced, don't bother with going to court unless it's just to waste the court resources (which I do consider to be a valid reason as it makes revenue generation less profitable). As long as you weren't radared doing 94-100 (depending on the insurance company), a ticket for 79km/h will be treated the same as as a ticket for 93km/h, as well as a ticket for doing 52km/h in a 50km/h zone. The only difference is in the fine amount, unless you already have 5 demerits and don't wanna get it into the 9 point range.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
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by: Radar Identified on

zerokarma wrote:Also I read somewhere that when they are doing radar it has to be linear/straight line, is this true?


To get a 100% accurate reading - more or less. You're referring to "cosine error." The problem is, cosine error actually does you a favour. The radar device sends out a signal from its antenna. When it hits an object, it is sent back to the antenna. If the object is moving, it will change the frequency of the return (Doppler effect). By measuring the change of frequency, the radar device gets a speed reading. Now, if you were rounding a bend, or at an angle, the radar would only measure the "rate of change" (speed) with respect to a straight line to the radar device itself. The readout would actually be LOWER on the radar device than your actual speed - but not much, unless they were at a ridiculous angle to the road. If there were a few other cars in the area, you might argue that it picked up another vehicle.


You can try to plea-bargain to a lower speed with the Prosecutor before trial, if you want to go that route. In any case, if you put in the paperwork to fight the ticket and make a disclosure request, it buys you some time. If the device was a hand-held radar, check out this discussion for a good primer, if you want to fight the ticket all the way:


http://www.ontariohighwaytrafficact.com/topic1092.html

Also, even more important, is this website:


www.ticketcombat.com
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by: David Chatten on

Hello,


Regulation 615 of the Highway Traffic Act is where you will find the requirements for having Speed Limit Reduction Signs.


It is important to note that in a 60 KM/H or less zone, depending on the length of the Speed Zone the signs must be spaced no farther than 600 metres apart (in a zone that is short, the requirements can be as low as 300 metres apart.) it pays to check it out because if you can have the charge withdrawn or dismissed, it will save you $$$ on insurance and help keep your driving record clear of a possible conviction.


If you have questions about that section of the Highway Traffic Act, you should consult with a Licenced Professional to discuss how these regulations may affect your case.

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by: hwybear on

DC - If the signs were not properly spaced......would this zone then default to 50km/hr if in a built up area.....or up to 80km/hr in a rural area?

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
worldcup2014
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by: worldcup2014 on

David Chatten wrote:It is important to note that in a 60 KM/H or less zone, depending on the length of the Speed Zone the signs must be spaced no farther than 600 metres apart (in a zone that is short, the requirements can be as low as 300 metres apart.) it pays to check it out because if you can have the charge withdrawn or dismissed, it will save you $$$ on insurance and help keep your driving record clear of a possible conviction.

Say you're charged with 75 km/h in a 50 km/h zone. If the speed limit changes from 60 km to 50 km and the signs are further than 600 meters apart... would that make the speed limit signs are not legal? And therefore your charge is withdrawn or dismissed?


How would you present this in court? In pretrial, cross-examination or defence?


hwybear wrote:DC - If the signs were not properly spaced......would this zone then default to 50km/hr if in a built up area.....or up to 80km/hr in a rural area?

And if the speed limit signs are not legal, would the zone default to 50 km/h in the city and the charge would still be 75 km/h in a 50 km/h zone?

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by: VeracruzMaiden on

Good morning, I am a new member here. Talk about speed traps, I live in Ottawa. This morning on the River Parkway there was a flashing speeding sign (for lack of a better word)…. Are these signs equipped with cameras to give tickets?.... If so, there must have been tons of drivers who will get tickets. I guess they just started doing this today because it wasnt there yesterday. How do they know which vehicle was speeding when traffic is bumper to bumper?

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by: bend on

VeracruzMaiden wrote:Good morning, I am a new member here. Talk about speed traps, I live in Ottawa. This morning on the River Parkway there was a flashing speeding sign (for lack of a better word)…. Are these signs equipped with cameras to give tickets?.... If so, there must have been tons of drivers who will get tickets. I guess they just started doing this today because it wasnt there yesterday. How do they know which vehicle was speeding when traffic is bumper to bumper?

Are you talking about these?


Image

They're just warning signs with built in radar. They're usually activated when it detects someone moving 10km or more over the speed limit. They work the same way as the more common "your speed" signs, except these don't act as an incentive to achieve a high score. They're just warnings. They don't do anything.

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