Search found 32 matches

by gabe
Wed Feb 08, 2012 10:50 pm
Forum: General Talk
Topic: I don't know if the cop used a radar or not - what next?
Replies: 9
Views: 2983

Re: I don't know if the cop used a radar or not - what next?

did you request disclosure yet? ultimately the longer you wait to resolve the ticket the longer it will be on your record. It's from the conviction date not the date of the ticket. So if this doesn't get resolved until March 20, this ticket will be on your record from that date.
to answer your question about the "convoy" type traffic pattern, you ...
by gabe
Mon Feb 06, 2012 2:18 am
Forum: General Talk
Topic: I don't know if the cop used a radar or not - what next?
Replies: 9
Views: 2983

Re: I don't know if the cop used a radar or not - what next?

you'll know if they'll bump it up to 95 when you receive disclosure. It will state somewhere that he caught you doing 95 but gave you a break and put down to 90. It should also state on disclosure if he used radar or how he clocked your speed.
Basically if you fight it they are going to try to charge you with 15km/h over instead of 10km/h over ...
by gabe
Tue Dec 13, 2011 8:32 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

In my experience JPs typically will allow the requests, since illnesses are considered something unforeseen.

just out of curiosity...how do you think most JP's would react if I would have asked that since the officer was ill and could not make the scheduled court date, if I can request he provide a doctors note upon re-scheduling of the trial to ...
by gabe
Fri Dec 09, 2011 12:51 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

how the trial went

well today i had my trial, which wasn't really a trial because I was expecting to agree to 65km/h in a 50km/h zone.

this is what happened. prosecutor called my name and started by directly telling the justice that the officer who gave me the ticket was not able to make it to court today due to illness, and he wanted to have the trial re-scheduled ...
by gabe
Tue Nov 22, 2011 10:46 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

i found this case R. v. Zack, [1999] O.J. No. 5747 (Ont. C.J.)

Justice Duncan stated "In this day of full disclosure it cannot be an acceptable explanation for a police officer to say 'I did not note it because I would remember it. It is necessary for the officer to at least somewhere…put the significant observation he made…the absence of the ...
by gabe
Tue Nov 22, 2011 8:45 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

If you bring that to court and there is still something missing, IMO you are good for a stay. Something being testing notes or other info you would require to mount a full defense.

but what i'm still unsure of is how can i find out if any of the information such as the officers radar test has been left out of the disclosure.

i don't want to ...
by gabe
Mon Nov 21, 2011 11:36 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

An experienced traffic officer probably would have tested the radar before and after your stop, but they still need to record the fact in their notes. In my experience Courts will not simply accept an officers testimony about testing if its not also in their notes (in short, not in the notes, didnt happen). This may be an oversight and notes ...
by gabe
Mon Nov 21, 2011 7:45 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

i received disclosure for my speeding 72 in a 50. i have posted what i received. a single page with a few lines in point form. no where on the page did it state his radar equipment was tested prior and/or after i was stopped.

if its not on the disclosure when in trial can the officer verbally state yes the radar was tested before and after traffic ...
by gabe
Mon Nov 21, 2011 5:18 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Disclosure missing something
Replies: 0
Views: 2221

Disclosure missing something

i received disclosure for my speeding 72 in a 50. i have posted what i received. a single page with a few lines in point form. no where on the page did it state his radar equipment was tested prior and/or after i was stopped.

if its not on the disclosure when in trial can the officer verbally state yes the radar was tested before and after traffic ...
by gabe
Fri Nov 11, 2011 6:52 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

No where will you find an 80km/h zone transition directly to a 50km/h zone, that not safe due to a drastic difference in high to low speeds.
there are hundreds of 80-50 zones.
County Rd 46 (South Woodslee), just street view near 1612 County rd 46, South Woodslee, can see both signs 50 and the 80, plus that area also adds in a community safe zone ...
by gabe
Fri Nov 11, 2011 12:41 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

basically i'm fighting the fact its not a 50km/h zone. should I go try to get something done before I enter a plea or enter the not guilty plea and go through the proceedings regularly and make the officer look silly like he doesn't even know what the speed limit is in an area he's handing out speeding tickets?
won't make the officer look silly ...
by gabe
Sun Nov 06, 2011 8:51 pm
Forum: Exceeding the speed limit by 30 to 49 km/h
Topic: 49 Over on the 400 + some extra goodies...
Replies: 17
Views: 7406

Re: 49 Over on the 400 + some extra goodies...

well the first thing i think you should do is request a trial (this doesn't mean you have to fight the ticket in court...yet). send a request for disclosure, to make sure the officer has notes written down against you. after getting disclosure you will see how strong of a case the officer will have against you. if you find that he doesn't have much ...
by gabe
Sun Nov 06, 2011 6:18 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

as of right now what I have going for me is that the opposite direction on the road has posted signs that say I was in a 60km/h zone. I'm not sure how to go about fighting not the fact i was speeding but that the charge was improper.
should i try to create a motion to quash the ticket because of improper charge before the plea of not guilty or ...
by gabe
Sat Nov 05, 2011 10:17 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

from what i have right now from the officers notes, there is nothing that shows his radar test before and after his shift. Also he wrote nothing regarding traffic around me at the time he pulled me over.
if when i receive what should be proper disclosure, if it does not include notes showing that the radar gun was properly tested before and after ...
by gabe
Wed Nov 02, 2011 2:15 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: valid speeding defence?

It's a real piss off that in an area where the signage is messed up and its a transition zone from 50 or 60 to an 80km/h zone thats where a cop hangs out.
there are absolutely NO transition zones when the speed limit increases. Just b/c one can see a sign or knows about a sign 300m or 1000m ahead does not make it legal to just stomp on the ...
by gabe
Tue Nov 01, 2011 7:05 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: valid speeding defence?


Dont try to apply common sense to the Highway Traffic Act, it simply doesnt work. :wink:

Right or wrong, the OP has a possible valid defence. Whether hes actually guilty of speeding is irrelevant in the Courts eyes if the charge itself is improper. Hes entitled to try his defence, and if hes successful, maybe that will actually be motivation ...
by gabe
Mon Oct 31, 2011 11:06 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: valid speeding defence?



so are you saying its possible for one direction of a road can be considered a built up area and the other direction a posted 60km/h zone?

I lean to "no". a road is a road and visibility is usually equal no matter which direction you are going. the built up area covers both directions..... take pictures and prove to the crown that the signage ...
by gabe
Mon Oct 31, 2011 11:03 pm
Forum: General Talk
Topic: Why Steve Jobs never drove with license plates?
Replies: 9
Views: 2882

Re: Why Steve Jobs never drove with license plates?

yah... what a screw up! Apparently they only sold 4,000,000 of them in the first week. That only works out to about $2-3 billion dollars of sales in 7 days.... Obviously Jobs was pretty bad at figuring out what customers want![/quote]

you must not have read the new article released a couple days ago saying samsung has overtaken apple as the number ...
by gabe
Mon Oct 31, 2011 12:00 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: valid speeding defence?

tthe last 50km/h speed limit sign for southbound traffic is 60 metres before the 50km/h speed limit sign for northbound traffic. If this defense is not good enough i wanted to know if the last 50km/h sign does not meet HTA regulations could that section of dougall ave. technically be an improperly posted 60km/h zone??

your posts have been ...
by gabe
Sun Oct 30, 2011 11:55 pm
Forum: General Talk
Topic: Why Steve Jobs never drove with license plates?
Replies: 9
Views: 2882

Re: Why Steve Jobs never drove with license plates?

he was busy at the dealership and didn't pay enough attention to what employees at apple were developing when they came out with a lousy 4S

yah... what a screw up! Apparently they only sold 4,000,000 of them in the first week. That only works out to about $2-3 billion dollars of sales in 7 days.... Obviously Jobs was pretty bad at figuring out ...
by gabe
Sun Oct 30, 2011 8:50 pm
Forum: General Talk
Topic: Why Steve Jobs never drove with license plates?
Replies: 9
Views: 2882

Re: Why Steve Jobs never drove with license plates?

you'd think a guy like steve jobs would have better things to do then keep switching up his car so he doesn't have to put a license plate on it. sounds like he was busy at the dealership and didn't pay enough attention to what employees at apple were developing when they came out with a lousy 4S, maybe the next phone will be the 4GS, and by then ...
by gabe
Sun Oct 30, 2011 8:44 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: valid speeding defence?

the reason i ask this is because, I got a ticket for doing 72km/h in a 50km/h zone. on the officers notes he states it was a properly post 50km/h zone. well the same street on the opposite side from the direction I was traveling is a posted 60km/h zone.

http://www.google.com/maps/myplaces?vpsrc=1&ctz=240&abauth=23243f12:RNVJwxDQ ...
by gabe
Sun Oct 16, 2011 10:49 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

valid speeding defence?

if the last speed limit sign before the spot an officer pulled you over did not meet OHTA specifications.
found here:
http://www.search.e-laws.gov.on.ca/en/isysquery/b1e237d7-d406-4672-a746-e2482743c986/2/doc/?search=browseStatutes&context=#hit1

(i'm going to go measure things up tomorrow. like if the bottom of the sign is 1.5 - 2.5 metres from ...
by gabe
Sun Oct 16, 2011 10:37 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

I can't think of any reason why it would be illegal. If the limit is 50 then its 50 regardless of being near the 401 or other circumstances. Your chances of getting it dismissed is slim to none IMHO. Looking at googlemaps though it looks like the 92/60 is the same street (different name) but further north. Not that it matters in this case but just ...
by gabe
Sun Oct 16, 2011 10:16 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

Was the 92/60 going northbound on the same road. Prosecutors typically won't be too excited to make a deal with a previous ticket for a similar offence in less than a year.

the 92/60 was in april 2011, it was on a completely different street. northbound on ouellette just before you head up the overpass to go over the train tracks. its to late ...
by gabe
Fri Oct 14, 2011 2:09 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

I don't see a problem getting it knocked down to 12kph over they seem to offer 15 and no points right off the bat here.Be sure to request a meeting with the prosecutor when you fill out the paperwork if you want to go that rout.If you can make a deal with him you will be sent into the courtroom right away to plead guilty to the lesser charge.I was ...
by gabe
Thu Oct 13, 2011 10:11 pm
Forum: General Talk
Topic: Disclosure not undstood
Replies: 2
Views: 1319

Re: Disclosure not undstood

-weather conditions, self explanatory
-don't know
-observed a 4-door compact Nissan approaching southbound from intersection of Roseland
-observed continuous acceleration of vehicle
-not sure, could mean radar was targeted on vehicle in lane #2 at 68 metres, took two readings of 72 km/h
-stopped lone white male (?)

-area is properly posted at 50 ...
by gabe
Thu Oct 13, 2011 10:02 pm
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

I would wait for Reflections or someone else to get back to you as he/they surely know the drill better than me.I just wanted to point out how sneaky the system is in Windsor and how they commonly drop the charge the second you sit down with the prosecutor as many of my friends and myself have had the same ticket right down to the speed in the ...
by gabe
Thu Oct 13, 2011 11:11 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

What some officers do in Windsor is just plain wrong.You have just been introduced to one of the many fishing holes set up by our wonderful city,the speed trap capital of Ontario as described in Windsor star article two weeks ago.It is a well known fact that they post varying speed limits on our roads for no reason.Without saying a word your ...
by gabe
Wed Oct 12, 2011 11:02 am
Forum: Exceeding the speed limit by 16 to 29 km/h
Topic: Different speed limits on each direction of the road
Replies: 53
Views: 16342

Re: Different speed limits on each direction of the road

I just was reading the OHTA and found this:

Variable speed limits

128.0.1 (1) The Minister may designate any highway or portion of a highway where variable maximum rates of speed may be set in accordance with this section. 2005, c. 26, Sched. A, s. 18.

Same

(2) An official of the Ministry authorized by the Minister in writing may, from time to ...