OHTA.ca

I was pulled over for passing an officer on an off ramp on a 400-series highway. The officer used the yellow warning sign with a speed posted on it (sign says 70km/h) to charge me. The officer claims I was going 92km/h and gave me a ticket for 85 in a 70. I tried to explain to the officer that the posted speed limit is 100km/h at that they yellow sign is just a suggestion and not enforcable, but it fell on deaf ears.

Going to trial as the officer is clearly wrong. I was wondering if there is any case law you fine folks can point me to that confirms that the speed limit of the highway also refers to the on/off ramps. Any 16 year old with a G1 knows that only regulatory signs must be obeyed and are the only ones that are enforcable.

Appreciate the help.

If the officer was under the false belief that a yellow sign was the limit, you probably won't have to go to trial. I'd request a first attendance meeting with the Crown and review the case with them. If they see the ticket was given in error and there's no reasonable prospect of conviction, they should just drop the charge. As you said, those signs are only suggested speeds, not enforceable speeds.