Speeding Ticket - Fighting it Help | GTAMotorcycle.com

Speeding Ticket - Fighting it Help

E

eidner

Active member
Hi, sorry for the long paragraphs but this is my first ever ticket and I need some help.

On monday I was driving back from Wasaga Beach on airport road around 9:00pm when I was about to go downhill speeding slightly (no more than 100 km/h) when I saw the police officer come up the hill, I shifted down and passed him no more then 83 km/h. He had already turned around in a driveway before I had passed him. I was following the flow of traffic, and did not pass anyone. There was a car 100 feet in front and behind me, and a car a few feet behind him. He turned on his signals and accelerated in front of me nailing his brakes (but I was already pulling over so him doing that was definitely unnecessary).

I turned off my bike and he asked for registration, insurance, license (did not tell me why he pulled me over). I gave, he walked back to his car, took nearly 30 minutes and he came back. Then tells me I have a 114km/h in a 80km/h speeding ticket (34 over), tells me the options on back and puts on my bike. I asked how did he figure out that number and he said after a few seconds pause, radar. He then turns around, walks away and speeds off in opposite direction.

I mailed in the ticket to Barrie (cause thats where I had to) and I will be fighting it and trying to represent myself. I read the thread about what to do posted, but I would also like some help on what to do next by others. I will try to use the defence that 1) could have been another car, 2) how could the radar catch me when he was at least 100 feet away and turned around before I passed him, 3) it was dark, could have been someone else, 4) did not tell me why he pulled me over, 5) was the radar calibrated that day, 6) I gained speed accidentally due to the downhill and was on my brakes while passing him to counter the increasing speed, and 7) my first ever ticket.

Any advice on disclosure or anything really is helpful. Thanks
 
eidner said:
Hi, sorry for the long paragraphs but this is my first ever ticket and I need some help.

On monday I was driving back from Wasaga Beach on airport road around 9:00pm when I was about to go downhill speeding slightly (no more than 100 km/h) when I saw the police officer come up the hill, I shifted down and passed him no more then 83 km/h. He had already turned around in a driveway before I had passed him. I was following the flow of traffic, and did not pass anyone. There was a car 100 feet in front and behind me, and a car a few feet behind him. He turned on his signals and accelerated in front of me nailing his brakes (but I was already pulling over so him doing that was definitely unnecessary).

I turned off my bike and he asked for registration, insurance, license (did not tell me why he pulled me over). I gave, he walked back to his car, took nearly 30 minutes and he came back. Then tells me I have a 114km/h in a 80km/h speeding ticket (34 over), tells me the options on back and puts on my bike. I asked how did he figure out that number and he said after a few seconds pause, radar. He then turns around, walks away and speeds off in opposite direction.

I mailed in the ticket to Barrie (cause thats where I had to) and I will be fighting it and trying to represent myself. I read the thread about what to do posted, but I would also like some help on what to do next by others. I will try to use the defence that

Responses based on the use of a Genesis Select Directional RADAR unit:

1) could have been another car: This radar is capable of a Faster mode. Which when more than one vehicle are in the target range it will display the front vehicle and the speed of a vehicle thereafter if it is going at a higher rate of speed.
2) how could the radar catch me when he was at least 100 feet away and turned around before I passed him: This particular unit is capable of Ranges in excess of 3,000 feet (1 km) when it is clear. He/She had your speed well before you noticed them. You know they picked you up early (far) because they had initiated a turn around before you had passed.
3) it was dark, could have been someone else: By your own admission there was one vehicle ahead of you, and one behind. This is unlikely to be successful.
4) did not tell me why he pulled me over: Good idea, but not necessary. He/She believed you were going 34 over, At that point i would believe it to obvious. Are you sure this isn't the first thing he/she said to you? "I stopped you for speeding, Drivers licence, ownership and insurance".
5) was the radar calibrated that day: This ought to be in the disclosure. It would have been tested prior to use and at some point after. It is the press of a button. The "calibration" is done during a mobile scrutiny test, the radar is turned on, the patrol display compared to the vehicle speedometer to ensure a proper readout.
6) I gained speed accidentally due to the downhill and was on my brakes while passing him to counter the increasing speed: This is not a defence to speeding. If you were going 81km/hr in a posted 80 km/hr zone the offence of speeding is setout. The number by which you were over determines your fine/points.
7) my first ever ticket: This may afford you traction for a reduction in the fine; this is something you can do for yourself. If your intension is to be found not guilty you may wish to hire some assistance. Redline gets good reviews, many paralegals will take your mine and get you a deal you could have bargained on your own...



Any advice on disclosure or anything really is helpful. Thanks
Click to expand...

I have bolded my responses in your text...
 
eidner said:
I know that will make it easier, however my ticket is $250 dollars. Spending $500 for a professional is not an option for me at this time. Plus I want to learn.
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If you already spent 250 dollars that means you plead guilty which means you are out of luck
 
Look at your insurance premium. Now add 10% to it, for the next three years. If that is less than what you would spend on representation, then fight it yourself, otherwise, hire someone that knows what they're doing. Learning to fight tickets on a regular basis is akin to learning how to juggle on a unicycle, sure you know how to do it, but it's uncomfortable and a waste of effort to be doing it all the time (unless you're getting paid...or in the circus).
 
?spoc said:
I have bolded my responses in your text...
Click to expand...

Thanks, this does help. You mention that the radar has a 1km radius. The problem is, I saw him we he was at the bottom of the hill, quite a distance and he was not facing up hill (still level with flat road), so how could the radar be clear considering I was much higher in altitude, that doesn't make sense you know? How could the radar look up the hill at a 45 degree angle, how is that even possible?

MarcosSantiago said:
OP. Do you have a trial date yet?
I suggest that you request disclosure asap. Barrie court is not as busy as the GTA.


I posted these DISCLOSURE REQUESTS for reference. I suggest you use the third one as your base form, the one that requests the most information. Customize it for your situation.
http://www.gtamotorcycle.com/vbforu...eding-ticket&p=1950171&viewfull=1#post1950171
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I had just mailed it in yesterday, no trial date yet that I know of. I will take a look, thanks.

nfq said:
Look at your insurance premium. Now add 10% to it, for the next three years. If that is less than what you would spend on representation, then fight it yourself, otherwise, hire someone that knows what they're doing. Learning to fight tickets on a regular basis is akin to learning how to juggle on a unicycle, sure you know how to do it, but it's uncomfortable and a waste of effort to be doing it all the time (unless you're getting paid...or in the circus).
Click to expand...

It is less, considering my bike is under my fathers name. I bet it won't be easy, but because its less theres no point for me to buy legal representation I think.
 
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gnatwest said:
If you already spent 250 dollars that means you plead guilty which means you are out of luck
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I did not pay, I was just saying that my ticket was $250 dollars if I had paid, but I already mailed in choosing the option to fight it.
 
gnatwest said:
Normally you cant mail it in to request trial.
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I photocopied the ticket before I sent it in, and it says "Option 3: Trial Option, Ontario Court of Justice, Provincial Offences Office - In person or by mail to: .... Notice of intention to appear in court."
Thanks though, I checked just in case.
 
If your bike is under your fathers name then there's another big can of worms you're opening up here.
 
Was aga beach court house has an really nice j judge, but dick cops. The JP there pleas down everything to a 15kmh over.
 
eidner said:
Thanks, this does help. You mention that the radar has a 1km radius. The problem is, I saw him we he was at the bottom of the hill, quite a distance and he was not facing up hill (still level with flat road), so how could the radar be clear considering I was much higher in altitude, that doesn't make sense you know? How could the radar look up the hill at a 45 degree angle, how is that even possible?



I had just mailed it in yesterday, no trial date yet that I know of. I will take a look, thanks.



It is less, considering my bike is under my fathers name. I bet it won't be easy, but because its less theres no point for me to buy legal representation I think.
Click to expand...

The radar antenna works the same as a flashlight, it is a cone. The farther from the antenna the more width is used to pickup targets.I don't know the area you speak of, the distance involved or the grade of the hill to tell you whether or not the radar could have picked you up. I can tell you that with all the infractions taking place on the roads; there is no reason to make it up. Unless you are alleged to be receiving kickbacks from a towing company....
 
eidner said:
Thanks, this does help. You mention that the radar has a 1km radius. The problem is, I saw him we he was at the bottom of the hill, quite a distance and he was not facing up hill (still level with flat road), so how could the radar be clear considering I was much higher in altitude, that doesn't make sense you know? How could the radar look up the hill at a 45 degree angle, how is that even possible?
Click to expand...
when and where he got his reading might be available in his notes; ultimately, it'll be available through cross-examination at trial

generally, we slow down when we see police vehicles; if they're doing speed enforcement, they most likely have a reading before we can react to their presence... is it possible the officer to get your speed before you saw him at the bottom of the hill?
 
People are missing something obvious here. The officer did not show you the radar gun with the reading. Take it to trial and tell this to the prosecutor, he will plea you down to 94km/hr. If he doesn't, tell the judge no proof of the speed was provided.
Stick with the fact you were speeding, but not 114.
 
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