2 Tickets, please advise. | GTAMotorcycle.com

2 Tickets, please advise.

C

coast2coast

New member
I'll spare the finer details unless someone is willing to give me solid advice on how to proceed.

- Infractions happened on the Gardiener.
- Noticed I was being tailed hard. Figured it was just some kids being kids. Accelerated into the passing lane and quickly moved into the middle lane which a bus had occupied and then moved into the right lane.
- Checked the traffic again and BOOM! Boxed in by 2 cop cruisers. No lights ,no sirens just eye contact for 5 seconds. Figured they knew what I had to do.
- Eventually got pulled over just before the exit.
- Got 2 tickets; 1 for improper tail light, brake light worked though and the second for speeding 29km over. I'd say I may have gone more than that just to perform all the passing.
- Stopped at my friends and had a beer and play some games to shake this off.

I requested disclosure already.

Any help would be greatly appreciated.
 
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I think that's because there's nothing unusual or special here. Standard "follow the sticky post recommendations" applies.
 
well this is a long shot but...


after your found guilty you could appeal the decision by asking for clarification of the law by stating it was entrapment for the speeding charge.

following too closely is a violation of the hta, and the police aren't exempt from it. (like speeding or red lights)
You could argue that this is like a bait car, where the police provoked you into committing a violation that you wouldn't normally have done.

I know when you're being tail gated you're suppose to slow down, (pissing off the important driver who's obviously in a hurry effectively "passing the buck" onto someone else) but you don't know if they are paying attention or not. If they're not then you'll have a collision, which is especially bad on a bike. If they are paying attention then you're good. But in the interest of self-preservation, I'd assume they weren't.

By accelerating out of the way you're ensuring your saftey. (like breaking a window to get out of a burning building)

I'd ask that "headway 158 HTA" be revised to include police procedures or have the speeding charge dismissed.



Again... long shot...

Also this is probably already been tried and failed.
 
Thank you dasiffy. It certainly felt like I was given no options and in the heat of the moment it just unfolded that way. I'll see what disclosure I get, if any and see if there's a way to have a favourable decision.
 
For the tail light, whatever they said is "improper", just fix it and take pictures to prove it, will most likely get dropped.

For the 29 over, did they say they got you doing that speed before or during the passing? If it was during a pass, you can simply claim that you were doing a "reasonable excess of speed" for the purpose of passing someone who you felt was unsafe in front of you. It is a term used by police officers and other emergency crews to allow them to go above the speed limit.

Everyone's perception of "reasonable excess" is different though, that's why you see OPP cruisers at 150+ sometimes.
 
The tail light I fixed myself and still have the receipt and packaging. I also took a video of it being replaced before and after just to be sure.

The excess of speed is a good point and I image it's commonly used in all relevant cases. Thanks jeero!
 
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jeero said:
For the tail light, whatever they said is "improper", just fix it and take pictures to prove it, will most likely get dropped.

For the 29 over, did they say they got you doing that speed before or during the passing? If it was during a pass, you can simply claim that you were doing a "reasonable excess of speed" for the purpose of passing someone who you felt was unsafe in front of you. It is a term used by police officers and other emergency crews to allow them to go above the speed limit.

Everyone's perception of "reasonable excess" is different though, that's why you see OPP cruisers at 150+ sometimes.
Click to expand...

Unfortunately, for speeding, there is no defence of due diligence.

The point about the light is a good one, though, as a reasonable prosecutor might let that slide.
 
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