Speeding 135 in a 100 Trial option selected.

[toddb]

OPP caught me doing 135km/hr in a 100 on Hwy 403 Westbound back in late December.
I tried to ask for a break from the officer, however he was upset because my kids (ages 13 and 19) were in the car and I was speeding.
I right away went to the court house Filed the Ticket and selected the Trial option ( Number 3)

Feb.01 I received my "Notice of Trial" scheduled for October 15 2012 here in Mississauga.

Mar. 01 I submitted a Disclosure request asking for: The Officer's notes, Copies of both sides of his Ticket, Info about the Speed Measuring Device (Make/Model/Serial No./Calibration and Repair history) Copies of the manufactures Specifications for Testing and Calibration, Copy of the Officer's Training Record or Cert's specific to using this device, Officer's log for testing it on the offence day, Copy of the Officer's Call sheet from the day of the allegation and any other documents that the Crown Witness may rely on at the trial.

Mar. 20 I received a package from the City of Mississauga although not 100% of everything I asked for but containing: a copy of my disclosure request, copy of the Officer's notes, copy of the Officer's back of the Ticket, copy of the Calibration/testing report of the unit before and after his shift and a copy of the Instruction manual for the Laser Speed measuring device.


Now here's my case:
· I have a very clean driving record, haven't had a ticket in 19 years.
· The car I was driving was a 2012, brand new in 2011 when I was stopped, so I'm not all that use to it (plus the car is driven primarily by my wife).
· I found later that when setting the Cruise Control the Speedometer is not reading correctly, so I took it back to the dealer to get it recalibrated, here's what they documented on the Work Order: "Customer states indicated speed on the speedo is lower than the actual speed - Problem found incorrect tire size contributing to incorrect speedo reading"

Question: Should I continue to ask for the remaining Disclosure items, hoping for nothing in return, so I can a) have my court date moved out later (lack of full disclosure) then b) have it stayed or dismissed on an 11b or possible "No-Show" of the officer on the subsequent date.
Or should I maybe do the plea bargain thing with the Crown because it seems this Officer is thorough and efficient with my demands so far, thinking he's on a mission not to let me off.

Do I have enough with the tire issue and my clean record to convince a Crown or maybe a Justice of the Peace?

[turbodish]

- Prior driving record is not relevant to whether you were speeding or not.
- You not being used to the vehicle is not relevant. If anything, driving at that speed in a vehicle that you are not used to might be considered as lack of prudence on your part, and the presence of your kids in the car only adds to perceived lack of prudence.
- A size difference or two in tire size might account for 5 kmph or so difference in indicated vs actual speed. Now, how do you explain the other 30 kmph over the limit?

[toddb]

- Prior driving record is not relevant to whether you were speeding or not.

just thought it would carry some weight?

- You not being used to the vehicle is not relevant. If anything, driving at that speed in a vehicle that you are not used to might be considered as lack of prudence on your part, and the presence of your kids in the car only adds to perceived lack of prudence.

Yes Good one! well noted!

- A size difference or two in tire size might account for 5 kmph or so difference in indicated vs actual speed. Now, how do you explain the other 30 kmph over the limit?

You and I know that, the Dealer's W/O is pretty vague, but do you think a Crown or JP will know the mathematics of a tire size difference?

[toddb]

How about the Lack of Full disclosure thing?
Should I keep submitting requests to the Prosecuter, knowing what I got so far is about all I'm going to get, then at trial, state I can't defend myself or answer my charge because of lack of FULL disclosure?

Is it normal to receive this much information and documents from the Officer so quickly?

[turbodish]

just thought it would carry some weight?

It might help the Crown decide whether or not to offer you a plea bargain, and the generosity of that plea bargain, in exchange for your guilty plea. As far as guilt or innocence when it goes to trial, it means nothing.

You and I know that, the Dealer's W/O is pretty vague, but do you think a Crown or JP will know the mathematics of a tire size difference?

Do you think that you are going to be the first to try this kind of defence?

[toddb]

It might help the Crown decide whether or not to offer you a plea bargain, and the generosity of that plea bargain, in exchange for your guilty plea. As far as guilt or innocence when it goes to trial, it means nothing.

Time will tell I guess By the way I appreciate your comments and imput - Thanks!

A size difference or two in tire size might account for 5 kmph or so difference in indicated vs actual speed. Now, how do you explain the other 30 kmph over the limit?

Actually what I found is at 65km/hr it was out by 5km/hr, I'm not sure what it will be at 100km/hr (I installed the proper size right away) and if the norm on the 400 series Hwy is around 120....
but will it hold any water in court probably not because 120 is breaking the law, even though generally the Police sometimes turn a blind eye to it.

[OpenGambit]

As stated many times before.

Due dilgence is not a defense to simple speeding under the HTA.

even if your speedo read 100 when you were going 135, you are still guilty.

[DOHC1]

Though they probably won't withdraw the charge based on it, the invoice from the dealership might help you catch a break on it depending on the mood of the prosecuter.. I'm sure the experts will chime in here on wether or not its a valid defence in court.