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Disobey Sign Hta 182(2) For Speeding?
Hi all - hoping I can glean some information about a ticket I received July 3rd, 2016.
Travelling through regional road 46 in the Sudbury area an OPP officer was in the passing (left lane) driving slower than the speed limit. I thought he was maybe turning left at some point and was merging to the turning lane. This is an area where the 80km/h turns into a 60km/h. Either way. At 60km/h in a 60km/h zone I proceeded to pass the officer on the right side. Upon immediately passing the cruiser I was pulled over. I was given disobey sign HTA 182(2) for speeding.
I filed for disclosure and received nothing additional except some paperwork indicating all the evidence the prosecution had was the ticket. The ticket is photocopied and contains some extra markings that I don't understand - including "Pass. F/V 80km/h". There's no mention of radar anywhere.
Can anyone offer advice on this? Important to note that it states on the ticket I was approximately 5km after the 80km/h to 60km/h split which curves to the right and is not a straightaway.
Re: Disobey Sign Hta 182(2) For Speeding?
Can you confirm:
- You say you were not speeding and were going 60 in a 60?
- You say you were 5km past the 60km/h marker?
I would send another disclosure request ASAP and ask for the following:
- Please provide a typed version of officers notes with abbreviations explained, as I am unable to decipher what it says.
- Please advise as to the officers method of determining speed. Was it with a speed measuring device, or by pacing using vehicle speedometer?
- If speed measuring device, please provide make, model and serial number and a copy of its manual.
- If vehicle speedometer, please provide proof of certification and accuracy of speedometer.
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Re: Disobey Sign Hta 182(2) For Speeding?
Correct - I was travelling 60km/h in a 60km/h zone. It says on the ticket I was 5km past the 60km/h. This is incorrect. It was approximately 1km after the posted sign.
I asked for all of these things in my original disclosure. Why would I do so again? Wouldn't my case be dismissed if the disclosure wasn't provided in the original package after requesting it?
Thanks for the response,
-Mike M.
Re: Disobey Sign Hta 182(2) For Speeding?
No it wont be dismissed the first time. Ask again.
Then you have more of a complaint to bring up at the trial date as you asked for it twice.
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