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Old Aug 18, 2015 | 08:17 AM
  #1  
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Default Fighting a Traffic Ticket

This is new to me, this will be my first time fighting any of my tickets, mostly because I just got a new insurance provider and I was told I would be dropped if I got another traffic violation.

Well just a couple of weeks ago we went camping for a family vacation, I got to the campground, and once inside the campground we pull up to the second office and a park ranger blocks me in and puts her lights on. She asks if I knew how fast I was going, and I replied I wasn't sure but I didn't think I was speeding, she then asked if I knew the limit and I said yes, 40km/hr... She said she was pacing me at 60km/hr. She wrote me a speeding ticket, but it doesn't say how fast I was going, the fine is for $125. The speeding ticket says "speeding more than 40km/hr"

Is this a legitimate charge? I suppose so, but was looking for any insight or advice from the group here.

Also I had no idea park rangers could hand out speeding tickets in a campground... needless to say it was a great start to my vacation... NOT.

I chose option 3 on the back and mailed it in (my first time selecting this option). I already heard back about my court date - Sept 15. A friend advised me my next step is to request disclosure so I can build my case and properly defend myself, so I will be doing that today.

I honestly didn't think I was speeding, but with a 1yr old cooped up in the car for 3 hrs, crying for the last little while, maybe I hurried a little bit so we could get him into a clean diaper and feed him.... but I don't think that will help me...

If anyone has any experience or advice here I would greatly appreciate it.

Thanks for your time!

JR
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Old Aug 18, 2015 | 09:05 AM
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Interesting question. I think they do have the authority to hand out speeding tickets:

http://www.ontario.ca/laws/statute/06p12#BK42

Does it look like a real ticket handed out by the OPP or a municipal force? Years ago I once got a ticket from a university cop at Western. It looked like a monopoly version of a ticket, with no due date. I did a bit of research and found out they have no authority to enforce tickets - it'd be like me ticketing you for parking in my driveway. I never paid it and there were no repercussions.

But in your case, I think you're out of luck. The only way you might be able to fight it and win would be to rely on witnesses in the car that can testify you weren't speeding. Even then, I can't see a judge believing a citizen rather than a cop. Traffic court doesn't seem to be subject to the Charter.
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Old Aug 18, 2015 | 10:23 AM
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It's a real ticket

Wondering if anyone can offer some pointers to build my own defense, or fight on technicalities.

JR
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Old Aug 18, 2015 | 10:41 AM
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If the laws of the HTA apply as per below I would assume a lawyer/paralegal would pick apart the "pacing you at" part, along with the lack of a specific indicated speed. "Speeding more than 40" is pretty vague, according to the chart below it has to be a minimum of 20 km/hr over.
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Old Aug 18, 2015 | 11:16 AM
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find a paralegal in the area. they will grill the ranger on pacing a car and ask what courses he took, ask when the odometer was recalibrated etc. good luck.
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Old Aug 18, 2015 | 11:17 AM
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Yup. In disclosure ask when the speedo was last calibrated and proof of calibration. Disclosure request has to have everything you want. They will only supply what you request.
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Old Aug 18, 2015 | 11:28 AM
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My experience has been to find somebody to fight the ticket... pay them, or pay the insurance company in the future... The $125 isn't the issue, it's the conviction on your record that is the issue... points or not, fight it with professional help.

The whole traffic ticket specialists, insurance company thing always makes me feeling like I am dealing with slimy people...
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Old Aug 18, 2015 | 11:31 AM
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Originally Posted by PPo
My experience has been to find somebody to fight the ticket... pay them, or pay the insurance company in the future... The $125 isn't the issue, it's the conviction on your record that is the issue... points or not, fight it with professional help.

The whole traffic ticket specialists, insurance company thing always makes me feeling like I am dealing with slimy people...
It's the government and bottom feeders, so you have good reason to feel that way....
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Old Aug 18, 2015 | 11:43 AM
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Originally Posted by PPo
My experience has been to find somebody to fight the ticket... pay them, or pay the insurance company in the future... The $125 isn't the issue, it's the conviction on your record that is the issue... points or not, fight it with professional help.

The whole traffic ticket specialists, insurance company thing always makes me feeling like I am dealing with slimy people...
Good advice, I am contacting some help now. +1 to the whole slimy thing.....
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Old Aug 18, 2015 | 11:58 AM
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jon,

if you need paralegal help call me
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Old Aug 18, 2015 | 12:08 PM
  #11  
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Will do.
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Old Aug 18, 2015 | 01:38 PM
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Was the park ranger good looking?
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Old Aug 18, 2015 | 02:01 PM
  #13  
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Yes, and actually she was the Park Warden. LOL
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Old Aug 18, 2015 | 03:35 PM
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Originally Posted by Imo000
Was the park ranger good looking?
You have a way of bringing up the important things in life... Knowing me when I was younger, the story would have been something like this:

"Dear diary... The attractive Park Ranger gave me a speeding ticket, so I asked her if we could visit the park admin building to discuss the finer points... and by finer points... I mean the options that I have and the conditions that apply. I didn't understand why she looked disappointed and let down when I left. She gave me the info I needed so discussion over... Did I miss something?"
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Old Aug 18, 2015 | 03:46 PM
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lmao love it.
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