Imo000

If he said "I'm sorry" to the officer then that's an admission of guilt and more than likely will come up in court. Just like so many here said before me. The chances of winning is extremely small. On the other hand the chances are extremely high you'll end up with the 87km/h and 4 points if you try to dismiss the charges.

Mark Lue

[QUOTE=Bleifuss;13951807Here are a few questions I would want clarified:

1. Where was the officer when you were clocked?
2. What were the traffic conditions?
3. What was the weather like?
4. Was the radar calibrated? When was the radar calibrated and by whom?
5. How did the officer identify your car as speeding?
6. Was he shooting randomly?
7. Does he normally just shoot radar at high end cars?
8. Ask the officer to describe where you were coming from and how they identified your car?
[/QUOTE]Take it like a man, you were speeding,... fight.
Besides the officer not showing up, #4 is your best bet. In the days of radar before laser; I represented myself (nerve racking as hell) and won a speeding conviction, as the officer who calibrated the radar was not present to testify on his certification on the device. The Prosecutor(s) don't want to go here, they will always brings up the "R" to rattle you, don't argue just do a "Conway" and deflect and tell them you are challenging the officers certification on the speed reading device and the calibration. Press the officer on his certification on the speed reading device. Proper disclosure will indicate the date of calibration, otherwise the officer may be reaching. If he calibrated the device a week or two before then ask who else uses the speed reading device since then, are they certified.

Good luck!

george44

Hello guys, I thought it's closed but then I saw a few more replies were posted so will be happy to comment.

I did not say sorry, I maintained my innocence all the way and kept repeating there is no way I could have reached 87 km/hr. I also questioned the officer when he said he had to speed to 95 km/h to catch up with me, how can you say that when I was stopped at the traffic light, I was not in motion speeding away on Walkers' Line.

Now to answer the questions:

1. Where was the officer when you were clocked? - I don't know, I was stopped at the light, he came behind me, I can only assume he was on Walkers Line driving North and saw me exiting Rockwood and starting going North on Walkers Line
2. What were the traffic conditions? - light, was Sat or Sunday morning
3. What was the weather like? - very good, sunny
4. Was the radar calibrated? When was the radar calibrated and by whom? - question to ask at trial
5. How did the officer identify your car as speeding? - question to ask
6. Was he shooting randomly? - question to ask
7. Does he normally just shoot radar at high end cars? - loaded one
8. Ask the officer to describe where you were coming from and how they identified your car? - another good question

X-Copper told me they have received the disclosure (officer's Notes and Evidence) but I have not seen them

Thank you Clive for your comment about me, much appreciated!

911 Rod

I would be concerned about trying to show the officer up. It could **** off the judge and who knows what could happen.

My last ticket I had a trial date set just so I could put 3 years between it and may last one to keep it away from the insurance hike.

theiceman

I had to do that once too , it worked well for me . but then you have to be careful going forward for that much longer.

Turbodan

wrong. the ticket stays on your record for 3 years after the date of infraction not conviction...as was explained to me.

Bleifuss

Why is everyone so afraid to question police officers in court. You will not **** off the judge, it's our justice system and you have all the right to question the officer. I've won a few tickets by simply asking questions and casting doubt on what the officer has to say.

One time when i won a ticket, the officer came up to me afterwards and asked if I was a lawyer. After I said no, he basically said good job and was happy to have a more chill day in court rather than on duty.

theiceman

I'm not sure Dan
I know it doesn't go onto your record until you are convicted for sure. So fight until after renewal

In my case I had 3 this one would have been the fourth and a sit down with the man . I fought it as the first one was coming off in a few weeks. That one dropped off before my court date so worked out well

Mark Lue

3 years yes but if you loose the case, they will change the date from the date of infraction to the court date or date of conviction.

IMO if you're going to fight the ticket you have to be all in, the Cop is there to stick it to you, why are people over thinking this.

+1 Bleifus is right, go on the offensive, ask questions.

Imo000

Nope! Goes on the record when you are convicted and that's when the clock starts ticking. It's pretty logical if you think abou it.

theiceman

exactly .. if it were on offense then you could challenge for a year and not show up on your record because you were not guilty yet . Then if you were fund guilty there is a year used up already of it not showing on your abstract.

Turbodan

I stand corrected. I know I was told (incorrectly) that if convicted, the date of infraction is when the 3 years starts. I thought the system was in our favour...guess not. Yes it does make sense, which is unusual for our public services.

theiceman

This actually is not true . because Canadians tend to say i am sorry so much the " Aplology act" was brought in to protect those who say im sorry. It does not mean an admission of guilt.

911 Rod

OMG Only in Canada!

SY6TTX50

This is not true, speeding tickets can be completely dismissed by winning on technicalities. Without either relying on the absence of the witness or successfully proven not guilty at trial, there are 4 other ways of doing it in Ontario.


Without knowing the type of the speed measurement device that was used, #4 isn't the best bet and it's in fact so played out that one of the commonly used speed measurement devices no longer needs to be calibrated in Ontario and all it requires is to press a test button.

The average plea bargain is around a 15 km reduction and in this particular case, OP had his speeding ticket reduced by 28 kms. Besides, given the fact that the infraction occurred in a community safety zone, it's safe to say that the original charge will be amended if this goes to trial.

The risk of having this ticket dropped by going to trial is not an ideal option.