Speeding Ticket 超速告票全知道

荣格 · 发表于 2011-9-14 19:07

新客户展示位
更多广告请点击
中文黄页

有您的支持
我们会做得更好

Laser Pacing Rader Stunt Driving

Police Laser Speed Enforcement

How Laser Speed Measuring Works for Speeding Tickets
A laser speed measuring device measures time vs. distance and makes a mathematical calculation to give it a measurement of the speed of the vehicle, from this information the police officer writes a speeding ticket.
Laser measures the time it takes a burst of infrared light to reach a car, bounce off and return back to the starting point.
By multiplying this time by the speed of light, the lidar system determines how far away the object is and gives a speed reading. Unlike traditional police radar, lidar does not measure change in wave frequency or radio waves. Instead, it sends out many infrared laser bursts in a short period of time to collect multiple distances to measure the speed of the moving vehicle.
The police officer looks through an eye piece (scope) on the instrument to view the vehicle. The officers scope will be approximately two times field of view, like a two times set of binoculars.
The police officer then targets the vehicle by placing a red dot on the vehicle within the scope. Typically the police officer will put the red dot on the front of the car. The officer then pulls a trigger on the unit, the laser unit sends out a beam of light and records approximately 13 speed readings within one second of activation by the officer.
The speed laser compares the distance traveled by the time (Time x Distance) and gives a speed reading. The officer can, by pushing a button on the laser instrument also receive a measurement of the distance in 1/10 of a metre that the instrument recorded the vehicle speeding at.
These speed guns will take approximately twelve readings in less than half a second, so they are extremely accurate. With police radar the car enters the beam and signals bounce back to the receiver. The officer has to determine which vehicle was the vehicle that entered the radar beam was speeding. With laser, the police officer puts a dot from the scope on the car, the officer pulls a trigger and receives a reading instantly.
The police officer can pick a car out of a crowd or group, as long as he has a "line of sight" and can put the dot from the scope of the laser on the front of the vehicle. With police radar the officer has to have line of sight to the vehicle, meaning in radar the lead vehicle or the first vehicle entering the beam is usually the speed recorded. Therefore the laser gives the operator a much more accurate determination of the vehicles speed and gives pin point accuracy of which vehicle is involved.
The distance capabilities for a Laser unit at approximate up to one kilometre, normal operating range is approximate 200 to 500 metres. The accuracy is 99.9%.

Pacing Speeding Tickets -Police Pacing Speed Enforement

Pacing Speeding Tickets
Police Officers can use pacing vehicles as a way of measuring the speed of another motor vehicle and enforcing the speed limit laws.
The officer follows the speeding vehicle using the police car to measure the speed of the offender. The officer uses his speed in the police vehicle to match the speed of the other vehicle. When his speed is consistent he checks his speedometer and notes the speed. The officer must follow the vehicle over a measured distance at a constant speed, e.g. the officer followed behind the vehicle ten car lengths for two kilometres and the vehicle kept constant speed of 120 kilometres per hour in the posted 100 kilometre zone.
OTT Legal are the experts in speeding ticket defence in Ontario. Call us at 1-888-668-8946 to discuss your speeding ticket with qualified former police officers and licensed paralegals, experts and leaders in speeding ticket defense. The court of Appeal R. v. Bland has held that if evidence is given that a mechanical device, such as a watch or a speedometer, recorded a particular time or speed which is the purpose of that instrument to record, that can by itself be prima facie evidence, which is evidence on which a court can act upon (convict) of that speed if no evidence is brought out as to the accuracy of the device.
If the speed clocked is greatly excessive of the maximum allowed the court would probably convict even in the absence of tests as to the accuracy, but it might not if only small differences were involved. This means that if the police officer gives evidence that over a measured distance his speedometer recorded steadily the speed alleged, this is prima facie (evidence that if undisputed would allow the court to enter a conviction) evidence which is sufficient to establish the fact of speeding unless rebutted, that the defendant was driving at that speed. In the absence of some evidence, elicited either on cross-examination or by defense witnesses, that would suggest that the police speedometer was inaccurate, this is enough to convict.
In all of these cases, it is the prosecutions obligation to prove to the court that the speed-measuring device what ever it may have been was in proper working order, was tested and gave a reliable reading of the speed to the officer and the ultimately to the court.

Radar
The Police use radar as a tool to catch speeding vehicles.
Radio is a radio wave sent from the police officer to traffic traveling down the road. The radio wave hits the moving vehicle and then is bounced back to the receiver with the police, giving a reading of the vehicles speed.
A Radar Radio Transmitter is a device that oscillates an electrical current so the voltage goes up and down at a certain frequency. This electricity generates electromagnetic energy and when the current is oscillated the energy travels thought the air as an electromagnetic wave.
A transmitter also has an amplifier that increases the intensity of the electromagnetic energy and an antenna that broadcasts it into the air.
Basically the transmitter sends out the radio wave which strikes the moving vehicle.

A radio receiver is just the reverse of the transmitter. The receiver picks up electromagnetic waves with an antenna and converts them back into an electrical current. A radio wave is the transmission of electromagnetic waves through space. Radar is the use of radio waves to detect and monitor various objects. The simplest function of radar is to tell you how far away an object is (distance).
To do this the radar device emits a concentrated radio wave and listens for an echo or signal back. If there is an object in the path of the radio wave like a car, it will reflect some of the electromagnetic energy and the radio wave will bounce back to the radar device. Radio waves move through the air at the speed of light, so the radar device can calculate how far way the object is based on how long it takes the radio signal to return. (time verse distance) The speed of light is normally rounded to 300,000 kilometres per second or 186,000 miles per second.
Radar can also be used to measure the speed of an object, due to a phenomenon called Doppler shift. Like sound waves, radio waves have a certain frequency, the number of oscillations per unit of time. When the radar gun and the car are both standing still, the echo will have the same wave frequency as the original signal. Each part of the signal is reflected when it reaches the car, mirroring the original signal exactly. But when the car is moving, each part of the radio signal is reflected at a different point in space, which changes the wave pattern.
When the car is moving away from the radar gun, the second segment of the signal has to travel a greater distance to reach the car than the first segment of the signal. This has the effect of "stretching out" the wave, or lowering its frequency. If the car is moving toward the radar gun, the second segment of the wave travels a shorter distance than the first segment before being reflected. As a result, the peaks and valleys of the wave get squeezed together: The frequency increases, Based on how much the frequency changes, a radar gun can calculate how quickly a car is moving toward it or away from it.
If the radar gun is used inside a moving police car, its own movement must also be factored in. For example, if the police car is going 50 miles per hour and the gun detects that the target is moving away at 20 miles per hour, the target must be driving at 70 miles per hour. This radar is called obviously, Moving Radar.
If the radar gun determines that the target is not moving toward or away from the police car, than the target is driving at exactly 50 miles per hour. Simply put the radar antenna sends out a signal, the signal bounces off the car back to the receiver. The control unit then measures the difference time and distance and calculates it as a speed. (Speed = Time X Distance) The range of a radar unit is anywhere up to approximately 300 metres.
The distance is dependant upon the time of day, the weather, the amount of traffic, the type and size of vehicles involved and the individual strength of the unit. Radar will pick up the largest, strongest signal. Factors as weather, rain and snow can affect the ability of the radar unit to send and receive. So on a quiet summer night with clear skies a radar unit would pick up a lone truck traveling toward you at a much longer distance that an small car in light rain on a busy day in traffic. Another example is a motorcycle although traveling a high rate of speed is much harder to "pick out" than a normal sized car.
Also a fibreglass car such as a Corvette will absorb most of a radar beam until it hits the metal, engine area of the car. Radar picks up the largest, strongest, object, not always in that order.
Radar on a multilane highway usually requires some interpretation of the readings received by the officer therefore although the officer is required to take a required course in the theory and operation of radar experience is important. Who better to fight your speeding ticket than OTT Legal Services. We are the leaders in speeding ticket defense in Ontario.

Stunt Driving-Racing-Speeding more than 50km/h

Stunt Driving is defined as;

Speeding more than 50km/h over the speed limit
- ]7 i: n+ g9 t( t, ]% |Driving at a marked departure indicating a competition
8 @3 E1 V- J4 H ZChasing another motor vehicle7 p5 ?( W2 j1 O$ g1 D0 V
Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway (Careless Driving)
! L+ H1 b' W! Q, RDriving in a manner that may endanger any person8 |) D- n; z& w+ d
Repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.

Having been stopped and charged by the police for Stunt Driving / Racing the police officer can immediately suspend the drivers licence of the driver for seven (7) days. The driver cannot operate motor vehicle anywhere in the Province of Ontario.
If the driver is caught by the police operating a motor vehicle they maybe arrested and charged with the offence of Drive While Suspended Highway Traffic Act of Ontario Section 53,1. The penalty for driving while under suspension is a one thousand dollar ($1000) fine, and six (6) months further licence suspension.
The motor vehicle used in the offence will be impounded by the police officer for seven (7) days. The vehicle will not be released to any person until the seven days have been completed, and includes even if the driver was not the owner of the vehicle.
The costs of the vehicle impoundment for Stunt Driving and Racing are the responsibility of the driver/owner which will be from five hundred to over one thousand dollars.
In charging the driver the police officer will issue to the driver traffic ticket with a court date on it commanding the driver to appear in traffic court before a Justice of the Peace. If the driver fails to appear before the court the Justice of the Peace may issue a warrant for the driver's arrest.
At traffic court the police officer will have a prosecutor hired by the municipality to assist the officer in prosecution the case.
As many prosecutors are lawyers, drivers are wise to seek legal advise prior to appearing in court from OTT Legal.
Stunt Driving, Speeding, and Racing trials are won on legal technicalities properly presented by a person with experience and training in traffic court. Just going to court and explaining why you may have commented the offence will not get the charge dismissed. OTT Legal offers a free consultation to discuss your Stunt Driving ticket with one of our licenced representatives. Many of our licensed agents are former Ontario Provincial Police and the Toronto Police Service Police Officers who have not only the court experience but the actually experience in radar, laser and speed enforcement in Ontario.

荣格 · 发表于 2011-9-14 21:10

回复 1# 荣格

Speeeding Ticket Laws

The speed limit within any town or city under the Highway Traffic Act of Ontario is 50km/h. Outside of the city limits the speed limit is 80km/h. This speed limits do not have to be posted, and it is the driver's responsibility to know what the speed limit is.
It is not a valid excuse in court for a speeding ticket for a motorist to say that the speed limit wasn't posted. Ignorance of the law is not a valid defense to speeding in Ontario. Nor is an explanation or reason why you were speeding a defense to the charge of speeding.
A town or city may designate a certain speed limit for an area e.g. a school zone, or construction zone. As well the 400 series or provincial highways where the speed limit is set by the Provincial Government of Ontario.
OTT Legal Services has successfully won thousands of speeding tickets, and we are the best company to win your court case and we are the leader in Speeding Ticket defense in Ontario.

Appearing in Traffic Court

Option Three - Request a trial date
The best and only way you can win your case is to ask for a trial date to fight your speeding ticket. Setting a trial date is the best way of winning your speeding ticket, and avoids the conviction going on your driving record and insurance rates for as long as possible. Pleading NOT GUILTY is the option everyone should take for any speeding or traffic ticket. There are numerous ways of winning your case, some very simple that anyone can do, others more complicated that only an experienced traffic court agent like OTT Legal Services should handle.
ADVISEABLE - Pick this Option to Win your Speeding Ticket
Option Two, Plead guilty with an explanation
If you plead guilty with an explanation for a speeding ticket the court will register a conviction for the ticket. The speeding ticket will be on your driving record for three years. All of the implications of the speeding or traffic ticket that apply for option number one above apply here (Insurance and Demerit Points). If you plead guilty with an explanation the only thing that the Justice of the Peace is allowed to do is reduce the amount of the fine. You will still receive the demerit points. Your insurance company has access to your driving record and will base your insurance premiums on this record.
NEVER ADVISABLE - Do not do this.
Option 1. Plead Guilty and Pay the Fine
If you plead guilty and pay the speeding ticket, the speeding ticket goes immediately on your driving record for three years. Your insurance company has access to your driving record and will base your insurance premiums on this record. Any conviction on your driving record can affect your insurance rates no matter if there are demerit points or not. The fine is not the complete penalty for any speeding or traffic ticket. The penalties include the demerit points, insurance implications and the fine. As well as these penalties, many speeding tickets have a mandatory licence suspension.
NEVER ADVISABLE - Do not do this.
Make an arrangement to meet with the prosecutor and try to resolve your speeding ticket avoiding a trial. Commonly called a "First Attendance Meeting".
If you do make a First Attendance meeting and agree to a resolution, you will be convicted of an offence! The offence will go on your driving record for three years and the conviction is available for your insurance company to access and base your rates upon. You always want to win your speeding ticket completely. Many court administration offices will try to offer this to you, using the ploy that you can get the demerit points removed, and avoid a "contested trial". DO NOT TAKE LEGAL ADVICE FROM A CLERK OR EMPLOYEE OF THE COURT.
This is highly improper, and the court staff may not be acting in your best interests. The court clerk does not have any legal training nor are they acting in your best interests. Many of the clerks themselves disagree with this process but they are under direct orders from their superiors to push or encourage these first attendance meetings because it saves the court administration money. Most court clerks do not understand the total costs and ramifications of a speeding ticket nor are they qualified, or legally allowed to give legal advice.
Attending at a first attendance meeting for a speeding ticket will not under any circumstances get your charge withdrawn. You will lose any opportunity to have your speeding ticket completely dismissed. You will lose any opportunity for winning your case on a technicality, and the officer does not have to appear in court. Everyone should set a trial date, if just to see if the officer appears in court!
There are times when a defendant should consider a first attendance meeting, for example you forgot your drivers licence or your insurance card, otherwise a defendant should not schedule this type of court attendance without first seeking legal advice. NEVER ADVISABLE do not do this.

Errors on Speeding Tickets

Speeding tickets issued by the police have to be properly written. The legal term is that the ticket has to be "proper on its face" meaning no "fatal errors".
Fatal errors on Speeding Tickets
Fatal Errors are mistakes on a speeding ticket that will get the ticket cancelled. Fatal errors are mistakes on the speeding ticket that are not fixable when the ticket comes to court.
For example the officer might not have put his name on the ticket , or the jurisdiction (city or town where the speeding ticket occurred) is missing from the ticket, or the date is missing. These are fatal mistakes that will get the ticket cancelled.
Minor Mistakes on Speeding Tickets
Minor mistakes on speeding tickets are allowed to be corrected at court by the prosecutor. For example there maybe a mistake in the spelling of your name or the year of the car, these mistakes are minor can be corrected by the prosecutor at court. They are not things that will get the speeding ticket cancelled.
Many mistakes are not even crucial to the charge and are not required on the speeding ticket to obtain a conviction by the police. For example although the licence plate number of your car may be wrong on the speeding ticket, all the officer has to say is that he saw the driver operating a "motor vehicle". For the officer to obtain a conviction he doesn't have to describe the vehicle at all, all the officer has to tell the Justice of the Peace is that they saw you driving a "motor vehicle". The licence plate number or the year of the vehicle does not have to be entered into evidence to obtain a conviction for speeding.

How to fight a speeding ticket

Speeding is called an Absolute Liability Offence, meaning that once the prosecution has proven the guilty act of speeding, and no applicable defense is raised a conviction must follow.
What this means is that the prosecutor at traffic court does not have to prove that you meant to speed, or that you intended to speed. All they have to prove is that you "were speeding". The driver is always responsible for the speed of the vehicle they are driving.
The mental state or whether you meant to speed or not, or any intention of the defendant/driver is not relevant to the charge of speeding. In other words to obtain a conviction for a speeding ticket the prosecution/police do not have to show that the motorist intended to speed, nor can the motorist raise the defense that he took all due diligence not to speed.
Or that the motorist had "Mens Rea" (Latin for having a guilty mind, meaning the driver meant to speed). Giving a reason why you were speeding is not a defense to the charge, its an explanation.
Although you may have a good reason why you were speeding, reasons for speeding are "explanations" and not a defense to the charge.
With an explanation you are saying you are guilty of the offence but you have a reason for committing it. Giving an explanation will not get the charges dropped under any circumstances.
Speeding - Defense of Necessity The only defense to speeding is the "Defense of Necessity". Necessity means a situation whereupon the driver is in fear for their life or another persons life.
This does not mean that the driver was trying to pass and if they didn't increase their speed that the were of the opinion that accident was imminent. Necessity means that you were in fear for you life, e.g. a group of armed men with guns were trying to kill you and you sped away. Or someone is has suffered a serious life threatening injury and you are rushing them to the hospital to save them where it is impractical for you to wait for an ambulance or the police.
Speeding tickets trials are won on legal technicalities; like was the officer qualified to operate the radar or laser, did the officer check the radar to the manufacture's specifications.
To win your case in traffic court if you don't know the legal technicalities, you miss winning your case on a legal argument. Just going to traffic court and saying why you were speeding will not get the ticket dropped.
The Justice of the Peace may consider your explanation but only as far as the monetary penalty, the fine for speeding. The Justice of the Peace cannot reduce or waive demerit points, nor can he withdraw a case before him without a trial.

荣格 · 发表于 2011-9-14 21:13

回复 2# 荣格

Speeding Ticket Penalties

Speeding tickets can have up to four different penalties

Each speeding ticket has a fine, depending upon how fast the speed was the higher the fine.
Any speeding ticket for driving more that 15km/h over the speed limit has demerit points attached to it.
Any speeding ticket for more than 50km/h over the speed limit the prosecutor can ask that your drivers licence be suspended for at least thirty (30 days).
For G1 and G2 drivers or drivers with a graduated drivers licence and speeding ticket with four (4) demerit points will mean that your drivers licence will be suspended for thirty days (30) for a first offence and six months (6) for any subsequent speeding tickets involving demerit points.
If you accumulate speeding tickets your insurance company will use your driving record to base your rate of insurance from. If you get three or more tickets your insurance will go into high risk insurance rates of thousands of dollars per year for three to five years.

荣格 · 发表于 2011-9-14 21:14

回复 3# 荣格

Fighting your Speeding Ticket

Once you have decided that you do not want to have the speeding ticket on your driving record you have to decided if your going to fight the ticket yourself or hire a professional.
Fighting the ticket yourself;

Attend at the court hope the officer does not come to court
If officer does come to court, hope that they want to drop the ticket for you (does not happen)
Try to get the speeding ticket dropped as much as possible at the mercy of the prosecutor
Chance of winning - low
Not recommend

Hire a professional

The professional appears in traffic court on your behalf, you do not usually need to appear in court
The speeding ticket is fought on the legal technicalities of speeding,
Did the police officer do everything properly
Did the prosecutors office do their job properly
Was the speeding ticket processed in the court system properly
Any legal arguments are argued for your speeding ticket
Best way to save your demerit points
You get best possibility to have the speeding ticket dismissed completely
Chance of winning - high
Recommend best way to win your speeding ticket

荣格 · 发表于 2011-9-14 21:17

回复 4# 荣格

Demerit Point

The Ministry of Transportation assigns demerit points for speeding tickets.
List of demerit points for speeding tickets
0 to 15 kilometres per hour - no loss of points
16 to 29 kilometres per hour - 3 demerit points
30 to 49 kilometres per hour - 4 demerit points
50 kilometres more that the limit - 6 demerit points/30 Day suspension
G1 licence holder – 4 demerit points – 30 day suspension
G2 licence holder – 4 demerit points – 30 day suspension
M1 licence holder – 4 demerit points – 30 day suspension
Demerit points are accumulated, not lost. Those with a full class G licence can accumulate nine (9) demerit points, at which time the Ministry of Transport will ask for the driver to attend for an interview at the Ministry of Transportation Licensing offices to interview the driver regarding their driving habits to decide whether or not to suspend the licence.
At fifteen (15) demerit points the Ministry of Transportation will suspend the drivers licence for thirty (30) days.
Demerit points stay on your licence for two years from the date of the offence. The conviction stays on your licence for one extra year.
If the driver pleads guilty to the ticket shortly after the offence date, the conviction and points will go on the record forthwith.
If the driver applies for a court date, no conviction is registered until after the court date and the subsequent time for the two years for demerit points goes back to the offence date.

荣格 · 发表于 2011-9-14 21:44

回复 5# 荣格

Speeding Tickets-Frequently Asked Questions

Q. When I was pulled over, the officer didn't let me see the radar reading. Is this valid grounds for a dismissal?

A. No. The officer is not required by law to show you the police radar.

This issue has been "tried" in the courts, and the courts have decided that whether or not the driver saw the police radar it is not relevant to the charge, and the police officer does not have show you the radar. Many officers being reasonable will show you the reading if it is possible for them to do so.

At times the officer will not want to, or be unable to because of any number of reasons

1.There is a multiple officer speed enforcement set up and the speed has been cleared off the device to allow the next officer to do enforcement.

2.The officer may feel it is not safe for you to get out of your car stand on the highway as a pedestrian to look at the reading, especially if this was on a major highway. Secondly it is illegal for pedestrians to be on 400 series highways.

3.The officer may have cleared the reading in the display so there is nothing to show you.

Q. I passed a police vehicle above the speed limit. The officer didn't stop me, can they give me a ticket later from my licence plate?

A.No. The officer would have to come to your house, identify you as the driver of the vehicle that passed him and issue you a ticket. Although it's possible, it doesn't happen, if the police didn't pull you over at the time they are not going to give you a speeding ticket later.
The officer cannot just put a ticket in the mail for you for speeding.

Q. The officer was rude and disrespectful to me, I didn't like his attitude. Is there any thing I can do about this, will it help my case in court?

A
1.The Justice of the Peace will not be concerned about the officer's mannerism upon stopping you. The Justice of the Peace will tell you that the venue for complains about the officer should be directed to the police department management.
2.If you are going to make a complainant be advised that making a complaint about the conduct of the officer will ensure that the police management or his superiors carefully follow your case. The police management and Complaint Bureau of the police department will ensure that everything is done properly, and that the officer is there to give evidence for your trial. Make complaints with caution.

Q. The officer reduced my speeding ticket, he said if I fight the ticket he will put the speed back up. Can I still ask for a trial?

A.The officer himself cannot put the speed back up to the original speed on the speeding ticket. Only the prosecutor at court can ask the Justice of the Peace to do so.
You should discuss this speeding ticket with your agent from OTT Legal Services There are many reasons other than the obvious why an officer reduces a speeding ticket. These reasons could help us win your ticket in court.
Reducing the amount of the speed is totally up to the officer, it is his discretion as to what to put on the speeding ticket. Sometimes the officer does this to give you a break other times they do this for hidden reasons that only a qualified court agent who was a traffic cop would know. This is one of the reasons why experienced former police officers like the agents of OTT Legal have been so successful in court. They know the inner workings behind the issuing of a traffic ticket. Make sure the agent who represents you has this experience.
As some might want to you to believe, officers don't bluff, it's considered a criminal offence for the officer to make up a speed. With another speeding car coming down the road right behind you Police Officers don't do this.
An officer can say in his evidence at court that he recorded you at a higher speed but then reduced the speed on the ticket. The prosecutor or Justice of the Peace may ask him why he did this, but the officer can just say that he was just trying to do you a favor or to account for any possible error.
This is completely normal and an acceptable practice for officers to do.

Q. I might have admitted my speed to the officer, will he use it against me in court?

A. No. For a speeding trial the officer is not going to use any statements against you in court.
The police normally do not use statements in speeding trials or tell the Justice of the Peace what you may have said. Its not relevant to the case and the Justice of the Peace will not want to hear this evidence.
When your agent from OTT Legal Services applies for the disclosure for your case if there are any statements they would be in the officers notes. Having written thousands of speeding tickets and examined thousands of disclosures, statements of guilt are not record by officers for speeding tickets.

Q. The officer wasn't on the street but was on private property. Is he allowed to do this? Is this considered trespassing and does it affect the ticket?

A.
1.The officer can write speeding tickets or set up radar on any location he wants. If the property owner came out and asked the officer to move off his property the officer would have to do so. The location does not affect the validity of any speeding ticket or traffic ticket.
2.The property owners consent or lack thereof is NOT vital to the case.

Q. The officer was speeding, I followed behind him then he stopped and said I was speeding, but he was speeding too. How can I get a ticket?

A. Police vehicles, Fire Department vehicles and Ambulances are exempt from the speeding laws of Ontario. Therefore a Police Officer while on general patrol can drive as fast as he wants. If something happens then he is responsible for his speed, but he cannot be given a speeding ticket. If you following behind a police vehicle that is traveling above the speed limit the officer is fully within his rights to give you a ticket. Here's what the law says,

Ontario Highway Traffic Act section 128 subsection 13

Fire department vehicles and police vehicles are exempt from speed laws. The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,

a fire department vehicle as defined in section 61 while proceeding to a fire or responding to, but not returning from, a fire alarm or other emergency call;

a motor vehicle while used by a person in the lawful performance of his or her duties as a police officer; or
an ambulance as defined in section 61 while responding to an emergency call or being used to transport a patient or injured person in an emergency situation.

Q. What if I can't make my trial date?

A: You can ask for an adjournment. Adjournments have to be made in writing and need to be served on the court and the prosecutor three clear days before the trial or adjournment date. Someone has to appear for you on that date. You cannot do this by mail.

Q: I missed the court date. What will happen to me?

A: If you don't appear for your trial date you will be found guilty as a person who failed to respond to the ticket/summons.
A conviction will be entered in your absence, and you will be required to pay the fine within 15 days of the conviction. Convictions stay on your record for three years from the date of offence and are available for your insurance company to access and use to base your insurance rates upon.
If you are convicted through no fault of your own you can apply within 15 days to the court asking the Justice of the Peace to "Reopen" your speeding ticket. A reopening has to be done in person and the defendant must swear to an affidavit detailing the reasons for the conviction.

Q. I wasn't going as fast as the officer said, is this a defense to the charge?

A. If you get on the stand and say that you were not speeding as fast as the officer says you were then you will have given evidence to convict yourself. Remember the phase, the man who defends himself has a fool for a lawyer?
The prosecutor will ask you, "How fast were you traveling then?" If you respond saying, well the officer said I was doing twenty five over the limit, but I was only going fifteen over the limit, then you will be admitting that your were speeding. You're convicting yourself.
The prosecutor will tell the Justice of the Peace that you are admitting to the offence.
The offence before the court is "Speeding" no matter how much you are over the limit, if you're driving one kilometer faster than the speeding limit your speeding. The measurement of speed by the police is only used to access a penalty, or to determine "how much you were speeding". If you represent yourself and make this sort of statement the Justice of the Peace has no alternative but to convict you of the offence, and find you Guilty.
You should not take the stand in a trial unless you can swear on a bible, or under oath that you were not speeding even one kilometer over the limit. Otherwise you will convict yourself.
It is a criminal offence to lie, or mislead the court to the court during a trial.

Q. Can I dispute the speeding ticket by saying that my speedometer was off?

A. It is not a defense to the charge of speeding to say that your speedometer was not working. A speedometer is not a required piece of equipment in a motor vehicle. You are always responsible for the speed of your vehicle.
It is not a defense to say you didn't know or you did it by mistake. In Canada ignorance of the law is not a defense.

Q: Can I take photographs and present them to the court?

A. Photographs are not usually accepted because they can be altered. They may be accepted by the court if you can qualify them and show how they are relevant to your case. You will have to provide evidence to the court as to time, date and location. The court does not care about the make and model of your camera. If you are going to use photographs make sure you take lots of pictures and notes about their use.

Q. Does radar or laser make mistakes? Is there a defense to the charge?

A. Any instrument can make mistakes. Radar and laser is accurate to plus or minus one percent, so if you were stopped at 100km/h the speed may have been 101/km/h or 99km/h. The operator can make mistakes too but you have to know the questions to ask in a trial.
In a speeding trial an officer has to cover approximately thirty points to prove the court case. If the officer can do this properly no one can win the case, and the Justice of the Peace has to enter a conviction. Speeding ticket trials are won on technicalities presented properly before the court by persons experienced and knowledgeable in law.
Speeding trials are won from knowing all the issues about the operation of radar, qualifications together and disputing the essential elements of a speeding charge. The officer must provide the evidence to the court beyond or without reasonable doubt.
If you don't know how the radar works, the qualifications required by the officers, testing procedures required, rules of evidence, what a leading question is and what is hearsay evidence you are not qualified to run a trial and defend yourself.
Remember the officer probably has given evidence before the court hundreds of times, how many speeding trials has the person who received the ticket run.

Q: My trial is scheduled way beyond the offence date. What can I do?

A. The answer is sit and wait. If the time is excessive you may want to consider making an 11b Application. Otherwise the delay can work in your favor. While the case is coming to court the ticket is not on your record. Neither the Ministry of Transportation nor your insurance company will know about the pending trial and or conviction.
Any demerit points or conviction that may be assessed are for two years for points from the date of the offence. So if your case takes six months to come to court, even if you were convicted the six months would come off the period the points are on your record. Subsequently two years minus the six months awaiting trial means that the demerit points would only be on your record for one and one half years, not the two years.
As well this delay awaiting trial may mean that your insurance company may not know about the charge for and extended period of time. Long trial dates are good for a defendant, who knows where the Police Officer will be six months down the road.

Q. The ticket has taken a long time to come to court. Is there a time limit?

A. The court has somewhere between eleven months and fourteen months depending upon the court and jurisdiction to get your case heard. The accepted amount of time is usually twelve months or more.
If your case takes too long to come to trial you can apply for a "stay of proceedings" under section 11b of the Canadian Charter of Rights and Freedoms.
To do this you must prepare a written motion to the court, serve a copy of the motion on the Attorney General of Canada and the Attorney General of Ontario within fifteen clear days of your trial date. The application must be accompanied with an affidavit of service and must be served on the court and the provincial prosecutor
On the trial date you must present and argue the motion to the Justice of the Peace. There are four essential elements to this form of motion. It is not simple to do and requires someone with training and expertise to speak to the court. This preparation and presentation is best done by a qualified agent such as found with 1-888-9958 995

		自动登录	找回密码
密码			注册