Cruise control on Dodge Journey went nuts and went into full acceleration and I could not disengage through braking or fumbling with the cruise buttons. You tend to panic a bit in such a situation. Managed to slow vehicle down and pull over with engine locked at full throttle. Put it in park and switched it off. Just my luck a radar cop pulls up behind me, nails me for 86 in a 50, but reduces it to 15 over. That was very kind of him, but I didn't speed, the cruise control went nuts. How can I be held responsible for a component failure? Go to see prosecutor at the courts and show him a recall notice for my car's faulty cruise control but no dice. He offers to leave it at 15 over and drop the fine if I plead guilty. Otherwise, it would go to trial and they "might just bring it back up to 36 over" and hit me with a big fine and demerits, sort of blackmailing me to plead guilty. Being innocent does not stop them from convicting you. My record and Insurance are affected. If I take a chance on getting an honest judge with some empathy I'd be rolling dice. There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.
Faulty cruise control causes out of control acceleration at a speed trap
Re: Faulty cruise control causes out of control acceleration at a speed trap
It's the driver's responsibility to ensure that a motor vehicle is fit for the road. This would include dealing with a recall and perhaps not driving it until it's fixed. Speeding is an absolute liability offence, which means you either were or weren't speeding. You got a deal with the 15 over. If you've never had a ticket, it's unlikely that a minor offence will increase your insurance rates.
Re: Faulty cruise control causes out of control acceleration at a speed trap
Boghdan wrote: Wed Oct 10, 2018 3:54 pm
There must be something in traffic law about not holding a driver responsible for component failure on a vehicle.
The complete opposite is true.
As Decatur pointed out, the driver is responsible for the vehicle they put out on the road.
Not that it matters for conviction, but during a trial they would ask you questions like "Was the car immediately towed from where you were pulled over?"
Similar Topics
-
-
- Cruise control and speeding?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By scorchedmoon on
- Replies: 11
-
-
-
- Reduced ticket already, was on cruise control
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By bluecar on
- Replies: 3
-
-
-
- Red Light Camera - unclear photo? faulty equipment?
- Posted in Red Light Camera Ticket
- By ynotp on
- Replies: 4
-
-
-
-
- Caught Speeding (Speed Trap) With Speed Gun: 25 Over
- Posted in Speed Traps
- By kylejyc on
- Replies: 1
-
-
-
- Road Rage in Toronto Causes Fatal Crash - 07082008
- Posted in General Talk
- By admin on
-
-
-
- NOVA SCOTIA - operate MV in manner that causes loud and ...
- Posted in Traffic Offences Outside Ontario
- By Totosai on
- Replies: 3
-
-
-
-
- Signalling for speed trap
- Posted in General Talk
- By gilbert1111 on
- Replies: 12
-
-
-
- Any rules for speed trap locations?
- Posted in General Talk
- By proper_joe on
- Replies: 5
-
-
-
- Sneaky Speed trap in Niagra Region
- Posted in General Talk
- By BelSlySTi on
- Replies: 1
-
-
-
- Speed Trap Locations on 400 Series Highways
- Posted in General Talk
- By tdrive2 on
- Replies: 2
-
-
-
- Multi Officer Overpass Speed Trap Question.
- Posted in General Talk
- By Tungsten on
- Replies: 2
-
-
-
- speeding ticket 87 in a 60, speed trap with 3 officers
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By jbody on
- Replies: 2
-
-
-
- Speed Trap - 79 in 50 zone
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By zerokarma on
- Replies: 8
-
-
-
- court date for a speed trap?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By coolcars on
- Replies: 7
-
-
-
- Speed trap: SB Royal York, N of the Queensway, Toronto
- Posted in Speed Traps
- By FiReSTaRT on
- Replies: 4
-
-
-
- Hidden Police Car at Speed Trap
- Posted in General Talk
- By sean1966 on
- Replies: 2
-
-
-
- New Speed Trap Regulations
- Posted in General Talk
- By Cynthia on
- Replies: 9
-
-
-
- Cop Car Parked with 2 tires on Road for Speed Trap
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By LindMich on
- Replies: 10
-
Featured Topics
Caught "speeding" 70 in 50 following the flow of traffic
Hi,
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
Need some advice on Court proceedings -very confused
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
Disobey Sign - 182(2) - No signature on ticket?
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
Need Advice on Ticket
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Legal requirement to report accident to Insurer?
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
Speeding Trial - Prosecutor Questions to Defendant
Hello everyone,
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
Disobey stop sign
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Traffic Speeding Ticket
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
front license plate position in ontario
Hello,
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
Not yet got the disclosure
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
Explanation of "I intend to challenge" phrase plea
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
Aircraft ticket near Cornwall - Fight or no fight?
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
Error on Ticket
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Pull over to throw up, got ticket for parking in Fire Route
Hi,
I'm curious about a "Parking ticket" I got today and was wondering if anybody could help me out.
I was driving on Yonge Street today in Toronto during rush hour.
My Fiancee and I were in the car together and I am on stomach medication that my doctor had prescribed for me this morning.
Long story short, as I was driving, I noticed I started feeling nausea and needed to throw up.
Yonge street is a…
Changed ticket
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Is my case really a case of "mis use parking permit"??
Hi All,
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
Anyone knows anything about subpoenas?
Hi guys,
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
156km/h reduced to 149km/h on the spot in 100 km zone
24 years old Male, near Ottawa
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
I'm…
52 km/hr over driving on the 401 in January 2019
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
My experience with a s.135 POA appeal
My experience with a s.135 POA appeal
First, the short strokes for those that like to skim:
- 1. Got a ticket for Fail to Have Insurance Card
2. Total payable for that should be $65 ($50 set fine + $10 victim fine s/c + $5 costs for servicing of ticket), it was written as $60
3. Seeing this, I deliberately defaulted on the ticket by not responding
4. JP still entered a conviction (wrongly), I guess not…
curious about this
This happened today.
I was going north on salem road to turn east onto the 401.
The light was red for all but the cars coming down the ramp from the eastbound exit ramp.
I can clearly see that there should be no traffic other then me.
I start turning and see a car coming straight through the intersection?(to re-enter the 401 on the other side of the ramp.)
We almost crashed!!!
I know he was just trying…
Disclosure requested 3x, want to file a motion
Hello everyone,
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
My trial is in 11 days, what do I do?
Also my Notice of…
Fault determination - T bone
Just a quick question,
I just had an accident and trying to see what determination would be on insurance.
(I spoke to insurance and they can't give me a determination till tomorrow as the assessor had finished for the day)
(now bear in mind, It was very quick and my recollections are a bit fuzzy)
Scenario is I was driving on a road and at an intersection had a hard green and was going straight.…
Fog lights, amirite?
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
Unique Defense
I came across this story in today's paper, he clearly didn't visit this site and decided to use a nut job defense.
