HTA 172 | Page 2 | GTAMotorcycle.com

HTA 172

I got pinched yesterday afternoon up on Hockley Road. What a stressful day. The OPP officer said he clocked me doing 100 km/h in a 50km/h zone though I firmly believe I was doing 80km/h in a 70km/h zone. 50 km over is automatic HTA 172 (1) and I experienced the full extent of what that charge entails yesterday. If you're going riding up there please be aware, in particular the section where I was caught between 5 Line East and Airport Road, once entirely 70 km/h, now drops down to to 50 km/h. Apparently local residents have, in recent years, successfully petitioned the city to lower the speed limit in these and other sections of Hockley Road.
These new laws are garbage. They are not catching the right people. The people that deserve to be caught would have just booked it. We need to elect more people into office that have common sense and are willing to get rid of these dumb laws.
 
Get a lawyer. Not a paralegal.
if you are comfortable contacting the prosecutor, do that before hiring a paralegal or lawyer. I'll bet they agree to clear you case from the docket in exchange for a much lighter penalty. That phone call could save you a thousand or two.

If that doesn't work for you my first choice would is Xcopper or Points (paralegal doesn't mean paranormal), this is a low level crime, you probably don't want a trial, and the court system and paralegals are well tuned to deal making. They have a cozy relationship with prosecutors, they know exactly what result you'll get because they do them all day long with the same outcome. A lawyer might cost 2-10K and you may or may not get the same result.

________________________________________________________________________________________________________
The information contained in this response is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
You should not act or refrain from acting on the basis of any content included in this site without seeking other professional advice. The contents of this
site contain general information and may not reflect current legal developments or address your situation. All liability for actions you take or fail to take
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I think the standard deal is 29 over for a first offender, they heavy part is the impounding, particularly if it's an OPP that caught you. OPP are notorious for handing 172 vehicles over to criminal tow operators. The impounding includes the cost of a tow, motorcycle surcharge, _ daily pound rates - then you have to pay a licence reinstatement fee. About 2K for all that.

Paralegals (Xcopper, Pointts etc) are about $1200. They do not fight your case, they plea you to 29 over or careless depending on the prosecutor they are working with. You could likely do same or better on your own, just remember to never admit to guilt when dealing directly with a prosecutor -- that can ink you on the spot.
Yes, it was OPP and yes, I imagine the costs will escalate to that realm given the 14-day impound, towing, et cetera. This is a bitter pill to swallow. The officer was at least good enough to call a local tow service with indoor storage, so my bike won't be sitting outside for 2 weeks in some yard.

One of my buddies had a similar assessment hiring a paralegal 4 years ago. He was charged with 50 over (auto). Despite the officer knocking it down to 49-over on the spot, he decided to retain the services of Xcopper, to attempt to get the charge lowered further, spending approximately $1200 (the same amount) and they were unable to do anything.
 
if you are comfortable contacting the prosecutor, do that before hiring a paralegal or lawyer. I'll bet they agree to clear you case from the docket in exchange for a much lighter penalty. That phone call could save you a thousand or two.

If that doesn't work for you my first choice would is Xcopper or Points (paralegal doesn't mean paranormal), this is a low level crime, you probably don't want a trial, and the court system and paralegals are well tuned to deal making. They have a cozy relationship with prosecutors, they know exactly what result you'll get because they do them all day long with the same outcome. A lawyer might cost 2-10K and you may or may not get the same result.

________________________________________________________________________________________________________
The information contained in this response is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
You should not act or refrain from acting on the basis of any content included in this site without seeking other professional advice. The contents of this
site contain general information and may not reflect current legal developments or address your situation. All liability for actions you take or fail to take
based on any content on this site is disclaimed.
Thank you for these suggestions.
 
To be fair, if someone is doing 80 in a 40 zone or 100 in a 60, they deserve that charge and everything that comes with it.

There are few suburban spots that are ripe for fishing.

Airport Road is 80 KPH south of Steeles and over the RR overpass. If you're just a bit over the 80 by 10 the limit drops to 50 KPH on a downhill. Bingo.
 
if you are comfortable contacting the prosecutor, do that before hiring a paralegal or lawyer. I'll bet they agree to clear you case from the docket in exchange for a much lighter penalty. That phone call could save you a thousand or two.

If that doesn't work for you my first choice would is Xcopper or Points (paralegal doesn't mean paranormal), this is a low level crime, you probably don't want a trial, and the court system and paralegals are well tuned to deal making. They have a cozy relationship with prosecutors, they know exactly what result you'll get because they do them all day long with the same outcome. A lawyer might cost 2-10K and you may or may not get the same result.

________________________________________________________________________________________________________
The information contained in this response is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
You should not act or refrain from acting on the basis of any content included in this site without seeking other professional advice. The contents of this
site contain general information and may not reflect current legal developments or address your situation. All liability for actions you take or fail to take
based on any content on this site is disclaimed.

When and how do you contact the crown prosecutor?
 
If the officer lowers the ticket to 49 over, you can't really take that to trial without risking being convicted for the original speed. So the risk is quiet significant.

Paralegals can be good, but for the most part, they think of it as a "job" and are not trying to do anything special for you. Specially if you paid them the same that everyone else pays. One of the best ways to beat a traffic ticket is when the cop does not show up.

I remember, there would be paralegals who go to court for their 9 am docket. And they ask the prosecutor to move up all their dockets scheduled later in the day to 9 am to plead guilty to a lesser offence to all of them. Thereby taking away the clients chance of being entirely not guilty if the officer did not show up.
 
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Look for large electricity boxes that may have been between you and the position the cop was sitting at when they were doing radar. An argument can be mounted around feedback because the prosecutor wont be able to say that its impossible for the electricity box to interfere with the radar, even though it is.

The officer, depending on how many of those charges he/she writes, may forget to do notes, or make incomplete notes. Good lawyers will not ask for a disclosure before the court date it self, because asking for disclosure reminds the cop to do their evidence package.

The officer may have made incomplete notes around testing the radar at the begging of their shift.
 
If the officer lowers the ticket to 49 over, you can't really take that to trial without risking being convicted for the original speed. So the risk is quiet significant.
In my case the OPP officer was unwilling/unable to lower the charge to 49-over on the spot — that scenario (plea bargaining for a lesser charge) is accomplished by contacting the prosecutor, which I've just learned.
Within 30 days of receiving your ticket/summons you can meet with a prosecutor to discuss possible early resolution and avoid going to trial. You can apply online through Ontario.ca here
 
Look for large electricity boxes that may have been between you and the position the cop was sitting at when they were doing radar. An argument can be mounted around feedback because the prosecutor wont be able to say that its impossible for the electricity box to interfere with the radar, even though it is.

The officer, depending on how many of those charges he/she writes, may forget to do notes, or make incomplete notes. Good lawyers will not ask for a disclosure before the court date it self, because asking for disclosure reminds the cop to do their evidence package.

The officer may have made incomplete notes around testing the radar at the begging of their shift.
Good chance if cop was stationary they were running Lidar. Do you think an electrical interference defense to lidar stands a chance? Even against radar, I'd be shocked if it cast reasonable doubt without submitting studies showing that 60 Hz electrical interference caused substantial interference in a 24 to 36 GHz signal. It would be shocking if any interference was even detectable yet alone affected the reading. With a laser, interference altering reading is even less likely. Honestly, it is probably more likely that the moons position relative to the earth alters gravity and possibly the reading.
 
Good chance if cop was stationary they were running Lidar. Do you think an electrical interference defense to lidar stands a chance? Even against radar, I'd be shocked if it cast reasonable doubt without submitting studies showing that 60 Hz electrical interference caused substantial interference in a 24 to 36 GHz signal. It would be shocking if any interference was even detectable yet alone affected the reading. With a laser, interference altering reading is even less likely. Honestly, it is probably more likely that the moons position relative to the earth alters gravity and possibly the reading.
The truth is, electric boxes will not alter either radar or laser. In certain jurisdictions, they see so much summons going through the system, they just concede to that defence, rather than go to trial. Either way, the average person can not make that argument for themselves. They have to watch it being done a few times first, or hire someone to do it for them.
 
32 posts in and no one has mentioned Forch at Redline? The scrolling banner on the website's main page is all endorsements from GTAM members' posts. I've used him and was more than happy with his work (walked away with everything dropped). The guy is good and he likes his job.

Redline Legal Services
 
To be fair, if someone is doing 80 in a 40 zone or 100 in a 60, they deserve that charge and everything that comes with it.

Stop talking. 101 kmh here should be a 20 over dropped down to 10 over pay the fine online ticket.

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32 posts in and no one has mentioned Forch at Redline? The scrolling banner on the website's main page is all endorsements from GTAM members' posts. I've used him and was more than happy with his work (walked away with everything dropped). The guy is good and he likes his job.

Redline Legal Services
Can’t mention someone we never use….😉
 
32 posts in and no one has mentioned Forch at Redline? The scrolling banner on the website's main page is all endorsements from GTAM members' posts. I've used him and was more than happy with his work (walked away with everything dropped). The guy is good and he likes his job.

Redline Legal Services
Forch is somewhere else but still the go to guy I believe.

Sent using a thumb maybe 2
 
Doing 60 km/h on a 60 km/h road when there is no traffic and late at night is like stopping at a red light for 3 minutes when there are absolutely no cars around. We all still do it, but we all know its stupid.
You're not wrong. But remember not everyone has the same skills. We all share the road with beginners,loose cannon types, anxiety filled types and 80 yr olds.
Bottom line is, take it to the track of you want "fun".
 
You're not wrong. But remember not everyone has the same skills. We all share the road with beginners,loose cannon types, anxiety filled types and 80 yr olds.
Bottom line is, take it to the track of you want "fun".
101 on Millborough line is not fun. It is just trying to get somewhere. Like crossing the Ambassador bridge. Travelling the speed limit in some locations is mind numbing as there is very little your brain needs to process. We work better with enough stimulus to keep us engaged.
 

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