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Police Entrapment

Posted: Mon Mar 30, 2015 2:27 pm
by HandaR

Hello.

I got my first speeding ticket in over 10years today.

I was traveling along the 401EB, there was a police cruiser in the left lane and I was in the right lane. We were both doing about 120Km/h and we were staggered in the lanes, he was ahead of me, I made sure of that.

We continued to drive this way, I would periodically shift to the left lane to pass by slower vehicles, he stayed in the left lane the whole time. I maintained my distance, about a car length. After passing the slower vehicles I would shift back to the right lane.

As we approached an On-Route, he shifted to the right lane too and started slowing down, he did NOT indicate he was exiting the highway, but was slowing down. There was a 18 wheeler further ahead. As he continued to slow down, I moved over to the left lane, I thought he was getting off the highway. All of a sudden he brakes real hard, I fly ahead of him and next thing I know he is behind me with the lights flashing. There was more than enough distance between him and the 18 wheeler, hence there was no major reason for him to brake other than to trap me.

I pulled over gently and cautiously, he walked up and asked if I knew why he pulled me over, I told him I was not entirely sure, I was doing about 120K/h and going with the flow of traffic. He proceeded to remind me the speed limit of the highway was 100km/h, accused me of following a marked police vehicle to close (less than 6ft), which is not true, i maintained a car lengths distance and finally that I had my high beams on the whole time. It was 8:30 in the morning,it was gloomy but not dark, I did not have my high beams on, let alone my low beams, I had my parking lights on. I should him the setting on the controls and that the blue light on the cluster was not on. He took my license and registration, moved to the front of my car to look at my headlights. As we were parked on the side of the road I had pulled my Parking Break which when engaged turns off my DRLs.

He slapped me with a 20Km/h over the speed limit fine of $95 and 3 demerit points. How ridiculous is that??


Should I challenge it in court?


Any advice would be helpful?


Thanks,


Stunned and Confused


Re: Police Entrapment

Posted: Mon Mar 30, 2015 2:46 pm
by highwaystar

You can request a trial and see if they'll reduce it to a 15 over at trial, but you should know that its not entrapment (doesn't even come close to the legal test for such!). The officer did nothing to make you or encourage you to speed---in fact, he was AHEAD of you. Rather, you just figured that if the officer was speeding, then you could too. Bad move on your part. The speed limit is not 'keeping up with traffic'. Undoubtedly, the officer simply paced you, especially if you were flagrantly 'asking' for a ticket by constantly keeping up with the officer at 120Km/h.


So, if you want some sort of break, then request a trial, and then request disclosure after getting your Notice of Trial. Review the officer's notes to see if there ARE any mistakes, and then attend your trial date. If the officer attends, then be prepared to take a deal at trial.


Re: Police Entrapment

Posted: Mon Mar 30, 2015 5:06 pm
by bobajob

I'm sorry, and I don't mean to be rude but SERIOUSLY, are you stupid?


You where SPEEDING and you admit that you where, why in God's name do you speed when there is a Police car right next to you.


If you do 101k's you are SPEEDING, whether you get a ticket or not is another matter.


How I learned is that if you see a cop car, in the middle lane and he is behind you pull over let the guy go; pull over

You know there are a lot of good cops and just as there are some power hungry dudes, they wanna be the Alpha male,

If seen it and EXPERIENCED it.


If he is going LESS than the speed limit, you GO the speed limit, if he is going faster YOU DO the speed limit.

When he disappears if you then wanna speed, that's up to you.


He knew you where pacing his speed, and if he was doing a 120, you where doing that, ergo: you where speeding.


Seriously, this is just common sense, why not commit a crime/offence when a cop is watching you, sheesh

Sorry, I got no sympathy


And BTW I've see OPP's baiting cars to speed, but inthis case you where speeding anyway, easy ticket


Re: Police Entrapment

Posted: Tue Mar 31, 2015 11:33 pm
by goldom1234

You should say, you were simply driving as fast as he was and did not look at the speedometer, as you were certain he would never violate the law himself.


Re: Police Entrapment

Posted: Wed Apr 01, 2015 1:37 am
by bend
goldom1234 wrote:You should say, you were simply driving as fast as he was and did not look at the speedometer, as you were certain he would never violate the law himself.

That's not a defense


Re: Police Entrapment

Posted: Wed Apr 01, 2015 6:55 am
by HandaR

Thank you to all for the advice and opnions


Re: Police Entrapment

Posted: Wed Apr 01, 2015 10:10 am
by bobajob
bend wrote:
goldom1234 wrote:You should say, you were simply driving as fast as he was and did not look at the speedometer, as you were certain he would never violate the law himself.

That's not a defense


:)

Ignorance is no defense in the eyes of the law,