proof of speeding 50km/h over posted

fish_bate
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proof of speeding 50km/h over posted

Unread post by fish_bate »

If you ask, at the time of the offence, does the officer have to provide the offender with proof that they were going 50km/h over the posted speed limit? (I think I know the answer to this already)
Is it possible for an officer to pull over someone doing 49km/h, in a 50km/h zone, and charge them with speeding 50km/h over the posted the speed limit?


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FiReSTaRT
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Unread post by FiReSTaRT »

It's possible, but not highly likely. There are plenty of people who still do 50+ over the limit, so they don't really need to manufacture charges. With that being said, out of about 10 hta offences that I've been charged with over the years, one was a complete fabrication by the constable.
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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Radar Identified
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Unread post by Radar Identified »

If the officer says "you were going 50 over the limit, I am towing your car for a week," there is no requirement for the officer to show any proof to you at the time. You can ask them to show you, but they don't have to. In the rare instances where they do actually take the hand-held unit and show the speed they registered, they are doing it only as a "courtesy" of sorts.

Some officers are catching people going more than 50 over the limit and routinely knocking it down to 49 over or issuing some other charge. Others are going by the book, while a select few are looking for any and every opportunity to suspend licenses and impound cars.


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Unread post by tdrive2 »

Lots of people would go more than 150.

They are all the ones that now just go 145 in the left lane.

They arent hard to find your not alone. The officer wont likely do it.

Next time your on the highway and the flow of traffic in the passign lane is around 140 youll know.


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hwybear
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Re: proof of speeding 50km/h over posted

Unread post by hwybear »

fish_bate wrote:If you ask, at the time of the offence, does the officer have to provide the offender with proof that they were going 50km/h over the posted speed limit? (I think I know the answer to this already)
There is no requirement to show the person anything. There is no requirement for a reading to be "locked" in either.
If the driver ask to see the speed they already do not believe the officer, so what will seeing a number on a display screen do? The driver will then state "that was not me"....so we are we back to square one, plus now a hazard has been created by having a civilian unnecessarily walking around on a highway and it is not safe.
Is it possible for an officer to pull over someone doing 49km/h, in a 50km/h zone, and charge them with speeding 50km/h over the posted the speed limit?
So the person is travelling 1km UNDER the speed limit and you want a charge of 50km over the limit??
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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hwybear
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Unread post by hwybear »

FiReSTaRT wrote:It's possible, but not highly likely. There are plenty of people who still do 50+ over the limit, so they don't really need to manufacture charges. With that being said, out of about 10 hta offences that I've been charged with over the years, one was a complete fabrication by the constable.
I have never know an officer to fabricate an offence. It is not worth losing credibility in court, it is not worth a complaint and it is against basic morals. I would rather give 9 warnings where I just don't have enough evidence to convict and issue the one solid charge.

Plenty of 50 overs....not here on the 401....our platoon has only ONE for the month of March (7 officers x 12hrs x 12 shifts = 1008hrs of patrol time)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by FiReSTaRT »

Bear, I might have been violating the h.t.a., but I sincerely doubt it. Got a red light ticket. Here's how it went.

1) Going north on Yonge, doing the speed limit.
2) I enter the intersection (the light is green).
3) Halfway through the intersection, the light turns yellow [I didn't slow down because it was late at night, no traffic, I was going straight and I entered on green]
4) It was still yellow by the time I was through the intersection.

According to the constable who charged me, that constituted running a red. Fortunately for me, another constable, probably his trainee (young, in the passenger seat), wrote the ticket and he wasn't very good at it. Otherwise, it would have been my word against the constable's.
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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hwybear
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Unread post by hwybear »

does not sound like any violation at all. Sounds more like an inexperienced officer(s) or not knowing what the sections mean. If one doesn't know the section, how can one issue an offence?

That would be like me trying to enforce:
Trap specially protected invertebrate under the Fish and Wildlife Conservation Act.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by FiReSTaRT »

The constable who came up to my car looked like he had plenty of experience (both age and bearing) and he was the one calling the shots. He was the one who specifically told me that they pulled me over "for running a red."
That's why I assumed he was training the constable who remained in the car and that the trainee was the one who wrote the ticket as a part of his training.
Out of about 10 tickets that I've received so far, I was in violation of the h.t.a. or a Toronto by-law in every case but this one. While 2 others were not absolutely necessary, I was technically breaking the law, so strictly speaking, the constables ticketed me "by the books."
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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Unread post by tdrive2 »

Hwybear are you west of london where your unit patrolls do they have highway safety divisions there?

Your right though especially in that essex-chatam area i really see it slow down. I rarely go there but usually west of london things tend to slow down.

I noticed in your lidar intercept pic you took it was 2 lanes with a grass median.

Do you guys use alot more lidar there? I would guess in the toronto area they use more radar (harder to use lidar on multilane highways with alot of traffic)


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