OHTA.ca

Hello,

First time to the thread and I have a question about an offence that just occurred in Ontario.

I was driving along the 401 and an 80km/h zone came up with the usual "When Workers Present Disclaimer".

I slowed down - I was probably averaging 95km/h with traffic, but it was congested so no faster than that.

As I approached a bend in the 401, there were police on the side of the road. I am in the left-hand lane (only 2 lanes) and the transport beside me in the right hand lane put on his turning signal to merge.

As we were going around the bend, it appeared as if he was going to merge on top of me and, with 20 cars tightly packed behind me, I accelerated briefly to get out of the way.

I am not sure what speed I hit, but because of the bend in the road the Highway officers had chosen this as a good radar spot.

They nailed me before I could slow down again, just as I was heading back to the slow lane to mix with the traffic.

The radar guy radioed ahead and I was pulled over by a separate officer about .5 kms down the road (past the bend).

I was issued a ticket for 42km/h over the speed limit in a construction zone where workers were present.

Based on what I'm reading, that's a $504 fine that they are charging me $634 for and possibly as many as 8 points (those are doubled also?)

- I sped up for my own safety. Before and after that time I was not exceeding the speed limit in an excessive way.

- I did not see any workers present. This is East of Toronto on the 401, heading West and there are construction zones every 2 km it seems - hard to say when one starts and the other ends

- I informed the officer that I sped up to let a truck in and he told me he did not see the offence, but I was radioed in at 42km/h over and that is the ticket. He mentioned the recent accident and said it was the reason they were there (http://www.ottawasun.com/2014/07/14/2-d ... fter-crash)

At: 401 HWY WB TWP of Tyendinaga East Region Ontario

Offence: Speeding - 122 k/h in an 80 k/h construction zone - workers present

Contrary to: The Highway Traffic Ace of Ontario Section 128

Witness: (Other officer's ID #)

(ICON Code: 2060)

97 Thomas Street East

Napanee

K7R 4B9

I can not read the officer's name. I tried looking up what I think it says, but no results.

All other information on their about me seems correct.

Any advice? The usual line about my insurance is going to go through the roof, etc applies here.

First ticket with Bel Air, but it's a major one from what I understand.

EDIT: I think my real question is, should I be willing to admit to speeding (because there's a good chance I was) due to the fact that it was for my own safety?

or should I just try to talk down to a lower category even though it's a speed trap and I imagine the police officer will be in court as they have regular speed traps here.

The problem in Ontario is that the courts do not recognize traffic speeds nor design limits. Speeding is an absolute liability offence; they're only concerned with whether you went over the speed limit, and by how much... the why? is irrelevant.

It doesn't appear you meet the necessity defence. The problem with your safety decision is that you were already speeding before the event began. You can't be doing +15km/h and then for safety go +42km/h especially in a construction zone with workers present.

The courts will discuss legal alternatives that you had, instead of speeding.

Your fine is correct, however if workers were not present then the set fine would reduce to $252 and total payable = $317.

_______________________________________________

In your case, both officers have to appear at your trial to get a conviction so you're somewhat fortunate in that regard. I would choose trial, once you get your notice of trial... request for disclosure: both officer's notes and a copy of the speed measuring device's manual

Once you see their notes, you can decide how you want to proceed.

In that case, should I defend myself or go with a paralegal?

If they're more likely to get the construction thing taken down, I'd be happy.

Currently I'm leaning towards filing the ticket myself and the request for disclosure myself and seeing if there's documented evidence of workers present.

To be honest, I believe there were not in this particular zone, but my ability to prove that is very limited.

gamerzfuse wrote:Hello,

what I'm reading, that's a $504 fine that they are charging me $634 for and possibly as many as 8 points (those are doubled also?)

From what I understand, only the fine is doubled, not the number of demerit points.

iFly55 wrote:It doesn't appear you meet the necessity defence. The problem with your safety decision is that you were already speeding before the event began. You can't be doing +15km/h and then for safety go +42km/h especially in a construction zone with workers present.

Right, from a safety standpoint and thus the court's point of view, the safe decision is too slow down in order to let the other vehicle into your lane; not speed up. Yeah, it seems the tendency (via observation over the years) is that drivers press the accelerator pedal in similiar situations, rather than letting off on the gas or gently hitting the brakes. Not sure exactly why this is the tendency since such behaviour really doesn't get one to their destination at a significantly earlier time.

If all you want is the construction zone enhancement taken away, you might be able to plea bargain for that at an early resolution meeting with the prosecutor. I think your plan of doing the initial filing for trial and requesting disclosure your self is a good one. You can then look over the notes and see if there is an obvious defence. If there isn't you can always hire a paralegal later and let them look things over to see if they can find something you missed.

daggx wrote:If all you want is the construction zone enhancement taken away, you might be able to plea bargain for that at an early resolution meeting with the prosecutor. I think your plan of doing the initial filing for trial and requesting disclosure your self is a good one. You can then look over the notes and see if there is an obvious defence. If there isn't you can always hire a paralegal later and let them look things over to see if they can find something you missed.

Appreciate the response and I agree.

I'm hoping to get rid of the construction zone enhancement and ideally get it knocked down to 29 over.

That might just be hopes and dreams though - time will tell when I see what the disclosure returns.