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- Joined: Mon Sep 06, 2010 1:41 pm
Speeding 70 Km/h In A 50 Km/h Zn.-prince Edward Viad. Trap
Ok this is officially the first speeding ticket I will be fighting on my own without the help of my lawyer (because the previous 2 times we went to court, cops didn't show up).
I am looking for some advise on how to prepare an adequate defence or to quash the trial. Long story short, travelling east bound on Bloor Street just before the DVP North Bound Off ramp (where it turns into Danforth), its a known speed trap so I never usually speed in this area as it is known. This roadway has a three lane road on both sides of traffic. I was travelling in the centre lane behind one vehicle while a taxi cab and three other vehicles were parallel beside me in the furthest right lane. While moving with the flow of traffic and another vehicle in front of me going a simular speed I needed to change into furthest right lane with a few couple hundred metres before the off ramp to the DVP. With the taxi travelling at a simular speed beside me and three other vehicles behind him I needed to safely enter into the lane. With the vehicle in front impeding any signifcant accelleration in speed i entered the lane at a partial velocity greater then the taxi cap but not greater then the vehicle in the middle lane. I made the lane change about halfway over the bridge which I still need to clock the "metered distance". Just before the DVP off ramp I was pulled over by the charging police officer who had radar or lidar (still unknown).
I have just recieved a court date for December 22nd this year and only got the notice for this about a week ago so I am in process of submitting disclosure.
**My main question is on my Offence notice, I have been charged with speeding 70km/h in a 50km/h zone. I believe there is a fatal flaw on the ticket as he has not officially charged me with the "SECTION" under the HTA. I was inquiring if the trial could be quash for this possibly fatal flaw or are ALL SPEEDING offences labelled under sec. 128? I thought I had read something in the HTA that identifies different speeding violations (i.e. residential or school zones during certain hours. Will the flaw be fixed on the court date by the JP?**
My final question pertains to the defence where I am not openly admiting to speeding but travelling in the restrictions of the flow of traffic from other vehicles and trying to safely enter a lane. I am hoping that my defence may ruin credibility of the evidence as another vehicle was in front of me that must have been travelling at a simular or greater speed in the centre lane and that person was not pulled over as well indicating the cop did not base the charge on the flow of traffic which was greater then the posted speed limit.
Let me know if you guys can help me out.