Need help HTA 182(2) ticket Disobey sign. | Page 2 | GTAMotorcycle.com

Need help HTA 182(2) ticket Disobey sign.

iFly55 said:
S.182 for Speeding is used to give drivers a "break"; i've seen the crown reduce +40kph to S.182 which carries $110 fine and 2 demerit points

However the crown still has the prove the offense took place, by means of "stopwatch, pacing, speed-measuring device"; eye-balling it and based on the sound of the engine, is a joke. Keep in mind the onus is on the crown, this is an "absolute liability offense" which means the crown needs to be prove without reasonable doubt it took place

Officers issue tickets to get compliancy, but issuing a bogus ticket that won't hold a candle in court is very weird.

I doubt you'll get disclosure for this based on your conversation with the officer, it'll most likely get withdrawn when you go to court due to "lack of evidence".

It's also possible the officer is blowing smoke, and pulls out radar evidence or w/e; in that scenario you could plea-bargain to a municipal by-law for "disobey official sign", which doesn't carry any points and because it's not under the Highway Traffic Act, it won't go on your record and won't show on your driving abstract when your insurance company runs their check
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I knew 5 guys who got nailed for 70 over, up in Haliburton, based on the officer's educated ears telling him that's how fast they were going. They all hired paralegals but the charges just seemed to go away, as if the tickets had never been submitted. Probably because they weren't.
 
Rob MacLennan said:
I knew 5 guys who got nailed for 70 over, up in Haliburton, based on the officer's educated ears telling him that's how fast they were going. They all hired paralegals but the charges just seemed to go away, as if the tickets had never been submitted. Probably because they weren't.
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wow :D
 
I got my Notice Of Trial today in the mail the date is set for December. Now I need to request disclosure. Any advice on what to ask for also do I need to ask for first appearance or will they just set a date before trial for it.

thanks
 
Impy said:
I got my Notice Of Trial today in the mail the date is set for December. Now I need to request disclosure. Any advice on what to ask for also do I need to ask for first appearance or will they just set a date before trial for it.

thanks
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You forfeited your first appearance by serving them for a trial.
You can still meet with the prosecutor and discuss your case, but in Toronto I doubt they'll give you "the time of day" without having a previously arranged appointment.

You can always try to talk to the prosecutor on the day of trial to discuss the potential resolution of the charge...
 
Impy said:
The cop said he knew i was speeding by the sound of my bike
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Oh snap! We're all screwed, Robocop is handing out tickets now. I mean, no human can tell speed based on soundwaves, right? :p

I'd love to have a cop say that to me while my GoPro was running. lol.

I wonder how often he has to calibrate his ears.
 
Joe250 said:
Oh snap! We're all screwed, Robocop is handing out tickets now. I mean, no human can tell speed based on soundwaves, right? :p

I'd love to have a cop say that to me while my GoPro was running. lol.

I wonder how often he has to calibrate his ears.
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Reminds me of how people in my old town would motion for me to slow down even if I was going below the speed limit if I didn't go up a gear to keep the rev's down. But I could pass them going almost double that speed in a higher gear and get no slow down motion.
 
nfq said:
Most people don't fight tickets. Simple numbers game.
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Rob MacLennan said:
Small surprise given the inconvenience of submitting a request for trial, taking the time off for trial, missing the pay for the lost day.........
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They will learn the hard way when the day comes they get a nice rate hike.
The worse part will be if they have to get insured by another company, that one little ticket will now cost you several hundreds to thousands of dollars.
 
Update

I had court today. When the cop checked in with the prosecutor and told her what happened she told the cop he could not do that and that they charge was withdrawn. Then she gave him **** and told him you have not been able to do that for over 20 years and because he has been a cop for over 30 years he should know better and to stop wasting people time. that part was the highlight of my day.
 
Impy said:
Update

I had court today. When the cop checked in with the prosecutor and told her what happened she told the cop he could not do that and that they charge was withdrawn. Then she gave him **** and told him you have not been able to do that for over 20 years and because he has been a cop for over 30 years he should know better and to stop wasting people time. that part was the highlight of my day.
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Good to hear that justice was served. There are only three valid ways to take a speed reading, for a sppeding ticket; pacing, timing between two fixed objects of known distance, and RADAR/LASER device. Actually I'm pretty sure that even 30 years ago, or more, you couldn't issue a 'disobey sign' ticket because you think that someone was speeding. It's a misapplication of law.
 
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