OHTA.ca

Hey guys, this is my first post and im in search of help... I got pulled over today around 2pm for doing 30 over in a 50 zone. For those of you that know the area its an uphill incline to the bridge over the DVP to hit the ramp. I honestly didn't know it was a 50, but that doesn't matter anymore. The officer was really nice to me, but unfortunately wouldn't budge on the speed or give me a warning. The fine amount is 220, which I can live with but the 4 demerits to my record will kill my insurance as I'm still under 25. Any help / advice is appreciated.

Was he sitting just past the top of the bridge? The Toronto Police always set up on the Adelaide Bridge, usually just east of the DVP where the ramp splits off. They also run a trap on Richmond Street just west of Parliament - catching drivers coming off the DVP into downtown. But that's beside the point.

Anyway... couple of things to get started... send the ticket in with the not guilty/trial option checked off. File a disclosure request, so you can get the officer's notes. Also ask for a copy of the radar (or laser, if that was used) manual, proof of the officer's training and calibration of the device. At a minimum, you must get the notes and access to the manual for the Crown to have satisfied the disclosure obligations. If they don't give you the manual after making a couple of attempts at disclosure, you can file to have the charge stayed. If they can't give you a trial within 10 months or so, you can file to get the charge stayed based on unreasonable delay.

You can also try plea-bargaining; depending on your insurance provider, they MIGHT be one that forgives a ticket for 15-over or something like that... but check it out first. (Be careful about calling them, some have used calls asking about tickets to raise rates.) You could try seeking an on-line quote, anonymously, just to find out.

At the very least, starting to do the ground work for fighting the ticket will buy you some time.

BTW - do you know if the officer used radar or laser?

late... very late reply, but the officer was using a laser device...

Any out with different headings or curves on this stretch?

Nope. There is some discussion about "cosine error," or "cosine effect," but it is miniscule and actually works in favour of the defendant. It is not sufficient to quash the charge. Do you have a trial date yet? If so, have you filed for/received disclosure?