OHTA.ca

This may sound bizarre.. My wife got nabbed doing 46 over. 96KM in a 50 zone on her way to take a needy family to get xmas presents and was handed one instead by the OPP. Cpl of questions:

1. The offence was "Speeding 96km in a posted 50km zone".. but there was a brief transition from 80 to 60 then 50 and where the officer indicated her infraction was its a 60? As well, he indicated to her she was doing 90 but the ticket was written up 96? He was going the opposite direction and got her near but not in the zone. Does this warrant fighting?

2. Out of nervousness she couldn't locate the insurance card so he handed her a "fail to surrender valid insurance card" and another $65 fine. She said "we have insurance" and the reply was "take it up with the prosecutor".?

Luckily she didn't prematurely deliver on the spot! Nonetheless, taking the emotion out of the situation - does this situation have a case.. understanding disclosure etc.. ? HELP!

The officer was well within their rights to do what was done. However, the sticking point here may be what speed zone was your wife in when the speed reading was taken? The officer will have to prove which zone, 80, 60 or 50 the vehicle was in to make the speed stick.

The failure to produce the insurance card might get tossed, depends on the crown......as is the usual with this web site, take option 3.....and go from there.

Thanks for your reply. Is there more or less error with Radar while traveling or fixed radar. I always hear about Cosine error with the width of the road and elevation as well as speed variability if the cruiser is travelling from a stand still? I surveyed the site and the zone issue may work but still think the disclosure piece may work? Anyone?

One of the questions for court would be "where on hwy 24 did you get the reading of 96?" (As Reflections indicated.) Then you'd have to submit photographs/proof of the fact that the speed limit wasn't 50 at the point where she was clocked at 96... it's a minor point, though. As for photographs, buy one of those $6 (or whatever) disposable cameras and take the photographs (if there are distance markers). Keep the camera, get the photos developed, and make sure the photographer is present in the courtroom during the trial. That may help...

Other things to be aware of... After getting a trial date, make a disclosure request. There is a sample form under the link "disclosure form" on this page here:

Keep in mind that the form there is a sample only. Things that you want to ask for in this case are:

- full copy of the officer's notes

- parts of the radar manual dealing with testing and use of the device

- photographic/video evidence, if any exists and will be used at trial

- copy of any by-law/regulation that set the speed limit along the area of hwy 24 in question (specifying the municipality/region)

The first two, at a minimum, are required to satisfy disclosure. That should get you started...

EDIT:

thestuff wrote:I always hear about Cosine error with the width of the road and elevation as well as speed variability if the cruiser is travelling from a stand still?

Cosine & other errors... the mobile radar is tested for that stuff... you'd need the manual to see if there's any sort of error in operation that may have occurred. Cosine error likely wasn't a factor here, though.