I got charged with speeding in a community safety zone. The community safety zone signs are unenforceable because they are in English only (see R. v. Myers: http://www.yourbestdefence.com/illegal_ ... _case.html) and I'm in a designated bilingual area. My question is, do I still get charged for speeding or will the whole thing be quashed?
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Speeding in Community Safety Zone
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
Your notice of trial will have the charge listed as speeding (and only speeding!) The court has to determine whether you were speeding. They then calculate your fine. If you were speeding in a community safety zone, then the fine is double.
If the cs zone doesn't exist (because the sign wasn't bilingual) then your speeding fine is just the regular fine.
You can try arguing that the ticket has a fatal flaw: the fine is not appropriate to the charge.
Re: Speeding in Community Safety Zone
That case law is so full of BS. Particularily like the part, does not matter whether the person speaks french or not....that makes it even worse.
Person certainly would have obeyed the sign if if would have been to their benefit...ie free gas
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Re: Speeding in Community Safety Zone
Hwybear: Well, the judgment was upheld upon appeal, so it stands.
Tcombat: My ticket states exactly that I allegedly did commit the offence of: "Speeding 89 km/h in a posted 60 km/h community safety zone". I certainly cannot plead guilty to this charge, because the community safety zone is not posted in French in a bilingual area thus it is not posted according to the government's own regulations thus it is not posted. Period.
I don't see why I should be charged with "speeding 89 km/h in a posted 60 km/h zone" as it's a different charge and the ticket does not reflect that. Had I been driving without seatbelts as well, but got no ticket for it, they would not be able to pin it on me in court. Am I wrong here?
You have a point though tcombat, the notice of trial only says "speeding", so I may be in a tougher position here. Maybe I'll pay less, but the charge might stick.
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
Bear, agreed that there is a lot of case law that is BS. The biggest one is R. v. Daviault. In Toronto, the cops and prosecutors have known about the bilingual requirement for four years but they still continue to lay charges. And unless you know about Myers, you will be found guilty despite being completely innocent.
Traffic court is a game and everyone gets an invitation to play on a yellow ticket.
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
P_Joe, I would pursue the fatal flaw on the ticket argument. You can even highlight it in your disclosure request under a section called "Explanation and Clarification of the Charge":
Please indicate how the "Total Payable" on my Notice of Offence is calculated, including a breakdown for the set fine, costs and victim fine surcharge. Also please indicate what relation the fine has to the alleged speed I was going, that is under what authority (Act, section, regulation, etc) is the fine calculated and how is this calculation made so that I may understand the charge and prepare my defence accordingly.
You also need to attack the foundation of the speeding charge: the officer knew what he was doing and the speed measuring device was working properly.
Good luck. TC.
Re: Speeding in Community Safety Zone
ticketcombat wrote:
Traffic court is a game and everyone gets an invitation to play on a yellow ticket.
I realize this.
Too bad common sense just doesn't prevail.
Re: Speeding in Community Safety Zone
proper_joe wrote:
Hwybear: Well, the judgment was upheld upon appeal, so it stands..
Never said it did not stand....just does not make sense
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Re: Speeding in Community Safety Zone
hwybear wrote:
proper_joe wrote:
Hwybear: Well, the judgment was upheld upon appeal, so it stands..
Never said it did not stand....just does not make sense
I cannot disagree. It doesn't make sense, but neither does my ticket, in my opinion. Here is a quick summary.
I was leaving a shopping centre driveway turning right from a stop sign onto a very busy 3 lane road. I had to move all the way to the left on that road into a dedicated left turn lane at the very first lights about 350 m from the driveway (4 lane change). The road was clear, but the lights about 50 m back turned green just as I started from the stop sign. The only way to safely move all the way to the left was to accelerate and maneuver in front of all the cars that just got the green. The thing is, they all accelerate to almost 80 (I know, because I live less than 1 km away and drive there daily). The cop was sitting in the next driveway on the right side of the road in a driveway about 20m before the lights where I was going to turn left. The cop is there often, but this time, I didn't look, because I wanted to make sure that I'm ahead of the other cars, otherwise it would have been more dangerous to weave in between them. He must have seen me pulling out of the shopping center, and if I were speeding, it was for a max of 5 seconds, as I had to break in the dedicated lane and wait for the opposing traffic to pass before I made the turn. The cop had to wait for a few vehicles to pass before he came up behind me. I still turned left, and stopped in the side street so it was safe. I live about 500 m from there.
I think the cop was unreasonable and should have let me go. Thus, I'm fighting it all the way including a request for full disclosure and a request for all kinds of radar and logs info from the cops under freedom of information. Even though I still have the receipt from the store dated 1 minute before the ticket, I can't fight the charge based on for example necessity or what not, because speeding is an absolute liability offence. Sucks. If I don't win, at least the whole thing will cost much much more for the other side. I'm not about to give up on this and take the standard reduced charge of 15 over and no points. That's what I told the prosecutor at first appearance. I don't really care about the points, as I have none right now, and a conviction is a conviction in the eyes of insurance, no matter about points.
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Re: Speeding in Community Safety Zone
ticketcombat wrote:
P_Joe, I would pursue the fatal flaw on the ticket argument. You can even highlight it in your disclosure request under a section called "Explanation and Clarification of the Charge":
Please indicate how the "Total Payable" on my Notice of Offence is calculated, including a breakdown for the set fine, costs and victim fine surcharge. Also please indicate what relation the fine has to the alleged speed I was going, that is under what authority (Act, section, regulation, etc) is the fine calculated and how is this calculation made so that I may understand the charge and prepare my defence accordingly.
You also need to attack the foundation of the speeding charge: the officer knew what he was doing and the speed measuring device was working properly.
Good luck. TC.
Are you quoting some source here, or composing an example? It's a great idea, I will include similar wording. Thanks
Also, can you elaborate on what you mean by the last comment about attacking the foundation of the charge? I would think that you mean that I should check whether the officer is qualified, what training he had, quiz him about the calibration procedure during cross ex, and how he uses the radar etc. BTW, I grabbed the Manraj A. Shakoor book "The law on speeding and speed detection devices" (ISBN: 9780433354625) from the library so I'm trying to prepare something. I still have till Dec.
Thanks for all help.
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
proper_joe wrote:
Are you quoting some source here, or composing an example?
I'm composing an example.
proper_joe wrote:
can you elaborate on what you mean by the last comment about attacking the foundation of the charge?
When you walk into court you have a presumption of innocence which should mean there is reasonable doubt about the evidence presented against you. In order to remove that doubt for a speeding charge, the prosecutor has to show that:
the officer knew what he was doing
the speed measuring device was working properly
Once this is established, then you are guilty of speeding (an absolute liability offence) and any explanation, excuse or denial is pointless. You have got to attack these two points which are the foundation of the prosecution's case. That means maintaining plausible doubt.
Example (radar), you must raise the question of whether the radar gun was operating properly. In order to prove that it was, the prosecution must demonstrate that:
the internal check (pressing the test button and getting 88 was done)
tuning forks with correct serial number, high and low speed, were used to test the gun
the forks were tested within a reasonable amount of time (say 4 months) to ensure they were vibrating properly
The bad news is that this is not an onerous burden upon the prosecution. They should be doing it anyway. But the good news is that they think that if you know about it you will question the officer about it which is a huge mistake:
You: Was the gun calibrated properly?
Cop: Yes.
You: Oops!
You attack the foundation through the lack of disclosure. The officer cannot testify he tested the tuning forks because this is outsourced to another company (heresay). The prosecution cannot submit any certification in court unless they have disclosed it to you in advance. Same with the bylaw regulating the speed limit or the days/hours when the community safety zone was in operation.
Lack of disclosure leads to an adjournment. An adjournment leads to an 11b application for a stay. Or make an 11b application for a stay based on inadequate disclosure in the first place.
One word of warning about disclosure: be careful for what you ask for, you might get it. And one of the goals of disclosure is to NOT get the information.
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Re: Speeding in Community Safety Zone
ticketcombat wrote:
But the good news is that they think that if you know about it you will question the officer about it which is a huge mistake:
You: Was the gun calibrated properly?
Cop: Yes.
You: Oops!
Sorry, do you mean it's a mistake for the officer to say that the gun was calibrated because they did not reveal the paperwork from the facility that calibrated the tuning fork through disclosure (regardless of whether they actually bring it to court)? What if the Police send it to me with the freedom of information request?
ticketcombat wrote:
Lack of disclosure leads to an adjournment. An adjournment leads to an 11b application for a stay. Or make an 11b application for a stay based on inadequate disclosure in the first place.
I'm in an area that deals with cases in a timely fashion. Plus, I asked to have the trial later because I wanted to prepare plus I didn't want it in the middle of my vacation. I guess it doesn't hurt to try 11b application in case they want to adjourn for any reason, but not sure if it would work.
ticketcombat wrote:
One word of warning about disclosure: be careful for what you ask for, you might get it. And one of the goals of disclosure is to NOT get the information.
I'm asking for disclosure (carefully, not mentioning bylaws etc) and I'm sending a request to the Police under freedom of information to release radar model + serial no, manuals, training materials, calibration logs, records of any kind, procedures for traffic stops, bla bla. I'm wondering, though, whether they will flag it for being super demanding, and notify everyone and their dog to be super meticulous with respect to disclosure and prepare accordingly because some cocky bastard needs to have his ass whipped in court.
Re: Speeding in Community Safety Zone
ticketcombat wrote:
You attack the foundation through the lack of disclosure. The officer cannot testify he tested the tuning forks because this is outsourced to another company (heresay).
Tuning forks have the speed stamped on them that represent what they are supposed to show when struck and held in front of an active radar antenna. If one would strike the fork, hold it in front and it shows 49km on radar and it is stamped 50km on the fork. I would then conitune by testing using the other fork, and see if that reading matches the fork. If the readings matches, there is a tuning fork problem, if it does not match there is a radar problem. Either way, simple to figure out and send for repair at a proper facility.
*************************
Radar measures wave lengths, tuning forks emit a wave length...how do you think they obtain what speed should be on a fork? reminds me of a song way back...."Things that make you go hmm"
FYI, OPP radar units do not use tuning forks. There is only the test button. Manufacturer eliminated the fork tests many years ago as it is redundant.
Speaking of this area....testing....should have saw the look on a paralegals face one day.....my notes, first test at "X" time, 2nd test..."fail"....he looks at me (before court) you kow about this, yes absolutely...well I've never seen an officer put that in the notes, well, it was the first time in 12yr I had a radar failure. So unit went for servicing.
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
proper_joe wrote:
Sorry, do you mean it's a mistake for the officer to say that the gun was calibrated because they did not reveal the paperwork from the facility that calibrated the tuning fork through disclosure (regardless of whether they actually bring it to court)?
No I mean it's a mistake for you to get into it with the cop because you can inadvertently establish the case for the prosecution. The best example I can give you of all of this in action is R. v. Martin, 2008. I strongly recommend you read this case, print and paste it to your forehead and waive it about inappropriately at family gatherings until you know it inside and out. Another example: R. v. Tkachuk, 2006
And some examples when it doesn't work:
Or make an 11b application for a stay based on inadequate disclosure in the first place.
My bad. I meant 11d - fair trial. And I should have stated it correctly which is "make a 24(1) application based on 11d". It will be about inadequate disclosure, not about reasonable amount of time.
As for the FOI, I don't think it's worthwhile. What are you going to do with this information when you get it? Besides, it's going to cost you a lot of money for the photocopies. They have to prove they followed procedures, which means they have to provide evidence in court, not you. And if they don't disclose that evidence to you in advance, it should not be admitted.
- ticketcombat
- Sr. Member

- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
Re: Speeding in Community Safety Zone
hwybear wrote:
FYI, OPP radar units do not use tuning forks. There is only the test button. Manufacturer eliminated the fork tests many years ago as it is redundant.
I used radar as an example, I don't know what was used in Proper_joe's case so I am reluctant to get into the intricacies of radar unnecessarily. But I will say this. Appellate courts examine external verification that a device is working properly when there is a question about that device. A device cannot test itself. Another example, a radar gun must be used to verify a lidar gun is working properly (R. v. Vancrey [2000] O.J. No. 3033).
-
proper_joe
- Newbie

- Posts: 10
- Joined: Mon Sep 22, 2008 10:57 am
Re: Speeding in Community Safety Zone
ticketcombat wrote:
I strongly recommend you read this case, print and paste it to your forehead and waive it about inappropriately at family gatherings until you know it inside and out.
Some interesting reading there. Will definitely wave it about inappropriately.
ticketcombat wrote:
As for the FOI, I don't think it's worthwhile. What are you going to do with this information when you get it? Besides, it's going to cost you a lot of money for the photocopies. They have to prove they followed procedures, which means they have to provide evidence in court, not you. And if they don't disclose that evidence to you in advance, it should not be admitted.
I don't know what speed measuring device he was using, plus I thought it would be good to know the manufacturer's instructions for calibration etc. Calibration logs would be useful to establish whether it's been calibrated, but I suppose the prosecution has to prove it in court and send it to me with disclosure as you say.
Similar Topics
-
-
- Speeding in a Community Safety Zone - question
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By indo_canadian on
- Replies: 5
-
-
-
- 34 over in community safety zone - auto summons
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By stormsam on
- Replies: 6
-
-
-
- Left Amber & Improper Community Safety Zone Signs
- Posted in Improper left turn
- By shwasasin on
- Replies: 1
-
-
-
- 19 over but reduced to 10 in community safety zone...
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Tjnons on
- Replies: 4
-
-
-
- Community Safety Zones- Related Question
- Posted in General Talk
- By Slyk on
- Replies: 3
-
-
-
- Probation/community service for speeding 50+ over
- Posted in Exceeding the speed limit by 50 km/h or more
- By HTARep on
- Replies: 1
-
-
-
- Careless driving - Community Service Hours - not done
- Posted in Careless Driving
- By WonderingKingston on
- Replies: 3
-
-
-
-
- turn not in safety
- Posted in Improper left turn
- By Caius on
-
-
-
- Speed, Highway Safety & 172
- Posted in General Talk
- By tdrive2 on
- Replies: 17
-
-
-
- Ideas how to Improve Highway Safety
- Posted in General Talk
- By tdrive2 on
- Replies: 11
-
-
-
- Regulations, safety devices Section 102
- Posted in PART 6: Equipment
- By admin on
-
-
-
-
-
- Safety glass Sect 72
- Posted in PART 6: Equipment
- By racer on
-
-
-
-
- Speed versus safety of cyclists
- Posted in General Talk
- By Radar Identified on
- Replies: 1
-
-
-
- Motorcycle Safety
- Posted in General Talk
- By Radar Identified on
-
-
-
- 142(2) - Start from parked position, not in safety
- Posted in Failing to signal
- By kin0kin on
- Replies: 6
-
-
-
- Airbags for safety
- Posted in General Talk
- By clintrob on
- Replies: 2
-
Featured Topics
Salesmen charged for selling $41,000 car for $66,000
TORONTO STAR 6MAY10
Tony Van Alphen
Business Reporter
The Mazda dealership in Orangeville may have given new meaning to the automakers slogan of "zoom, zoom, zoom" for motorist Madeline Leonard.
Leonard walked into the dealership wanting to replace the tires on her 2004 car.
By the time she left she was on the hook for a spiffy, black 2010 Mazda6 sedan at the eye-popping price of almost $66,000, after…
Speeding ticket for going 60km in 50km zone. Worried about insurance increase :(
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life
Any suggestions on how to handle this? I can't afford to spend a day at the court
![]()
Requirement to provide three copies of case law for a motion
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
Dashcams
ok so I do have some weblinks to explore, but your personal advise as always is welcome
* I want to get a dashcam for my car, any recomendations OR suppliers in the Miss. area or general GTA ?
Question
If I'm in an accident and say police attend, if I say (lets say it's not my fault) hey I have dashcam footage.
would they confiscate it because it's potential evidence.
I'd want to view any footage…
HTA 136 (1)(a) - requesting disclosure
So I got one two weeks ago on a nice Friday 13th... ![]()
Last week I went to the Offences Office and submitted Option 3 (plead not guilty). Trial date to be sent in approximately 6 months.
My intention is to delay as much as I can.
When should I request the disclosure?
According to Ticket Combat, it should be done right away.
I called the office this morning and the lady said I should wait a few…
Any advice?
I have a trial tomorrow for two tickets
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
driving to US - questions
Planning on going to the US (NY from TO) for about a week, next year;
so some questions and points,
1> Do I need to get special cover from my insurance
2> My car speedo is in KM's , would it help to put a couple of stickers to note where the MPH limits are
3> IF I get a ticket, do I have to go back to NY, to deal with it?
4> If I ignore it can I be extradited or fined…
Stopped for 30-49km/h over but reduced...G2
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
please help - multiple tickets, how to attend court
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
bluetooth devices / cell phones / distraction
so I have a cell phone on a dash mount, (so I can see it)
I have a bluetooth handsfree in the visor.
If I'm driving, and the phone goes, if I press the button on the bluetooth device to take a call and just talk into the mic
Will you be ticketed ?
I think you can set it for auto or voice answer but my phone doesnt support that
Also I heard somewhere that you can't have the phone in sight ?
Is talking…
Follow Too Close & Fail to stop
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
At the next block there was a red light.…
Rear End Collision - Careless Driving
I was driving on Hwy 401 Cambridge at 5PM.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
I hit the…
Parking Ticket - Kitchener
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
Careles Driving - Pedestrain hit, no injury
Here's my story:
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
State Trooper Loses it On Parademic Ambulance Driver!
Cop pulls over an ambulance for not "yielding" to him while there is a patient in the ambulance!
Antique Autos / Hot Rods & Seat Belts
Hi
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
Can an…
The idea of failing to provide DL
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
Back…
Court proceedings?
Hello everyone,
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Thanks in advance for your…
Unnecessary Noise Section 75 (4)
Hello Everyone,
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
144 (18) - Should I plea Not guilty -OR- Do Nothing?
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
Sect 8(1) Failure to sign permit $110 fine
Failure to sign permit in ink - $110 fine.
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
Can anyone comment on this, is this true at all?
Caught gojng 110km in 80 zone
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
Pet Peeves
In point form ONLY.....maximum of 5, what is your pet peeves of other drivers...
*********************
1 - Fail to Move LEFT
2 - drinking and driving
3 - expired plates
4 - follow too close
5 - no parking zones
Officer did not file my ticket within 7 days
Hi,
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
Early Morning Photo OPP B&W
Early morning sunrise and t-storm to the south.
Right place, right time and a clean car!!
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
