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Caught at 72 km above posted speed in Kenora
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PostPosted: Sun Aug 02, 2009 5:10 am 
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Location: Calgary, AB
Hi All,
Last month while driving from Calgary, AB to Toronto, ON with my 3 other friends to attend my another friend marriage in Toronto i was caught by cop in Kenora while driving 162km/hr at 90 km/hr speed. Actually I believe i was not driving that fast. But i dont know why Cop gave me Stunt driving charge instead of normal speeding above 50km :(
Being new to Canada and spending only 6 months in Calgary i had no knowledge of this law otherwise i would never ever drive that fast. Normally i dont even drive 10km/hr above posted speed. I dont know why it happened to me. May be just bad luck. I drove for two years in Dubai and never received any type of traffic ticket and never had any accident as well. And now i was driving in Calgary for six months and again without any ticket because normally i am very careful while driving. But this time i was with my other friends and it just happened to me even without noticing that i am driving that fast. I was thinking as i am driving in 130km/hr and thats what i told Cop.
While i was coming from winnipeg, I got caught by Cop only after driving 30km to 40km in Ontario (Kenora) and till that time we did not see any sign explaining above 50km speed law while we saw too many signs explaining this law when we were close to Toronto. My license was suspended for 7 days and my rental car was also impounded for 7 days as well. I cant explain that how much we suffered due to suspension. For renting another car and paying impounding fees we already paid almost $ 2,000 and our whole trip was spoiled. Now I have hearing in court in Kenora on Sept 08, 2009.
I am just looking for any advice how to settle this case. I am just trying to find some lawyer in Kenora who can help me because lawyer from Toronto are charging $ 1,500 just to attend court and that is without any gurantee of reduction in ticket fee or other charges...
I need help ! Plz give me some good advice. Believe me im not that type of driver who derserves all this type of stuff. Really i am feeling like im one of the worst person on this planet who has to go through to all this process and need to pay this much fine just for my few moments mistake, I know its my mistake and i agree to that, but its too much for me. By profession im an auditor and currently im on work permit.
Thanks in advance...


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PostPosted: Sun Aug 02, 2009 1:40 pm 
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Location: Toronto
Most officers are using the Highway Traffic Act section 172 (stunt driving) charge instead of section 128 (speeding) for 50 km/h or more over the limit, since 50 km/h or more over the limit is defined as "stunt driving." Some officers will use section 128 but it depends. Challenges to the law are working their way through the courts but it will take a few more years before some parts of it get struck down or repealed.

Anyway, if you can find a local traffic ticket expert in Kenora, that would be your best option. Another option would be finding someone in Thunder Bay, which isn't too far away (relatively speaking) who can travel to Kenora to help you. Getting a Toronto-based attorney to travel all the way to Kenora, well, OUCH. :shock: Spend some time shopping around for help. X-Copper is our website sponsor but I think their only offices are in the Toronto area so they'd also have travel fees... but see what they say. Get help ASAP because they need time to prepare their case to defend you.

Best of luck with it. In the mean time, you may also want to check out www.ticketcombat.com for an explanation of fighting traffic tickets in Ontario.


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thanks
PostPosted: Mon Aug 03, 2009 3:24 am 
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Location: Calgary, AB
Thanks for ur reply...I really appreciate that.
Actually i checked with X-Coppers in Toronto and they are asking for $1,500 to $1,600 only to attent court... rest is my liability :(
In the meantime i just trying to find someone in Kenora...If anyone knows any lawyer in Kenora who can fight such ticket for me i would be really thankful if he would give me his contact...
Is there any way in wich i can transfer my case from Ontario to Alberta because at the end we are in same country...
Is there any way to challenge that why officer used 172 instead of 128 becuase its just officer discretion and he gave s172 ticket bcoz may be he didnt like me.. :( Under s172 minimum liability is $2,000. Can judge reduce that if proper reason or explanations are provide or he can't.
Im in Alberta... i heard from many other people that here Cops dont give such tickets even if you are driving more than 100km/hr than posted speed..

thanks! after so many sleepless nights I am feeling bit happy now bcoz atleast there is some help.. thanks again !!! Its my first ever ticket in my 8 years of driving experience and i am very scared because i am being considered as most dangerous person on roads :(


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PostPosted: Mon Aug 03, 2009 10:50 am 
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Don't know of anyone in Kenora specifically, sorry. Couple of things I can answer in the mean time:

mnh wrote:
Is there any way in wich i can transfer my case from Ontario to Alberta because at the end we are in same country...


No. You are charged in Ontario, under the Highway Traffic Act of Ontario. Alberta won't hear the case. Same country yes, but the roads and driving are a provincial matter. You have to go to where the trial is; the trial doesn't go to you.

mnh wrote:
Is there any way to challenge that why officer used 172 instead of 128 becuase its just officer discretion and he gave s172 ticket bcoz may be he didnt like me.


Unfortunately, no. Some officers are knocking the ticket down to 49 over (seen that a lot), a select few are using s. 128, but I'd say the majority are opting for s. 172. From a legal standpoint, the officer didn't do anything wrong by using s. 172 (much as I think this law is garbage).

mnh wrote:
Can judge reduce that if proper reason or explanations are provide or he can't.


Yes he can. If you have a good explanation, financial hardship, and the Justice of the Peace is sympathetic, the results can actually be not that bad - but you'll need professional help to get it. In one case, a guy walked away with $45 in fines. Some have been fined less than $100 after the Justices took the towing/impound fines into consideration. We had an 85-year-old who was caught doing 161 km/h on Highway 407, and although he was convicted, he was fined $500 with no additional penalties (except for demerit points). That's not a guarantee that you WILL get something less than $2000 in fines, but it IS possible.

mnh wrote:
Im in Alberta... i heard from many other people that here Cops dont give such tickets even if you are driving more than 100km/hr than posted speed..


EDIT: Misread original post. Alberta does not have a provision in their provincial traffic legislation that allows police to seize vehicles on the spot for driving "x" km/h over the speed limit. Ontario does. You're dealing with entirely different provinces and an entirely different set of traffic laws. So the kind of up-front penalties you get for excessive speeding in Ontario don't exist in Alberta. That said, police in Alberta are more likely to use criminal charges for excessive speeding than they are in Ontario. Even with s. 172 on the books in Ontario, most cops here (and in Quebec) have a much wider tolerance for speeding than the rest of the country.

All of that stuff aside, considering the possible repercussions (don't forget about your insurance premiums), if I were in your situation I'd probably pay $1600 or more to get an experienced traffic ticket fighter who has dealt with these situations. But that's just me - decide what's best for you.

Some other members may have additional input or advice for you.


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