I just got shafted!!!!

I was on the highway doing about 120-130 going onto the 403 from the 401 and as I was driving I saw a cop parked on the left hand shoulder... I was in my mothers Jeep liberty by the way...

On my right i was being passed fairly quickly by a mazda protege, tan in color.

I look back in my rear view and see the officer pull onto the highway so I make my way to the right lane and slow down to let him pass me to catch the protege...

But no, He pulls me over and asked why I was doing 151???????????

I asked him if he even saw the protege as he ignored what I said asking for my liscence and proof of insurance.

I then had to walk home from where the jeep was towed on the side of the highway.
The jeep is being impounded for 7days and I got a court date and 7 day suspension.

I realize I was speeding.. ok fine, but 151?? Come on!

What do you guys suggest?...

Thanks,

Any suggestion I could make would be illegal...but I DO NOT mourn whenever I hear of a cop being killed...

this is the perfect example of why this law is SOOOO wrong!

If there was some way of PROVING you were not doing 151 I would say go after the government BIG TIME....but, unfortunately, there is likely NOTHING you can do. It will likely come down to the word of a liar cop against yourself...and for some crazy reason, the courts don't recognize that cops are liars..

I suggest that you go and speak with those firms that claim to beat any ticket or your money back type of thing. I think you have a legitimate case in your hands so why not give it a try.

Did the monkey show you the radar gun or prove that you were doing 151?

Do they have to show you proof in Ontario? If I remember correctly in Quebec, if you ask to see the radar they have to otherwise they cannot ticket you?

I had a case similar to his thrown out of court a couple of years back when I was living in K/W, a Z24 passed me coming u under a bridge underpass, thrown out because resonable doubt was cast, but in sesse there was no admission that they had pulled ove the wrong car. Fight it, you will probably beat it, but as srtated, it wont do anything to get the car out of impound in the next 7 days, nor will you ge back the cash from towing/impound, or the cost of fighting the ticket. Just wondering if someone is charged under the law, fights the ticket, is found not guity, I wonder what the result of then launching a civil suit to recoup the cost of tow/impound, and the loss of the vehice for 7 days would be?

And in Ontario they do not have to show you the reading on the gun.

Thats what I had thought.

In any case though, I'd be willing to bet he radar'd the Protege and the idiot nailed you instead.

Either way, I believe strongly that police should provide you with the proof that you we're speeding. Just because they are officers of the law doesn't mean they can be trusted.

I'd be fighting it if I were you. I know the chances are slim, but I hope you caught the license plate of the madza? In any case, the way the radar works leaves for some error. It will lock on the fastest moving target (assuming they're using the same radar I do), and it's up to the officer to pull over the correct vehicle. Obviously in this case there was error in judgement on the officer's part. The problem lies in proving it. Take it to court, get your full disclosure ASAP (go to the court and request it). Good luck.

No, they do not have to show you the reading on the Gun but they have to show you the record if you ask. I presume that is what Chris is refering to.

I was tagged in similar circumstances, that was way back in 2002. I went to court and tried to prove to the judge that it was the other car that was speeding at the said "velocity". Their was two cops there; 1 that was operating the gun and the other that was writing the readings. Both said that it was me that was speeding. Their was nothing that I could do to give the judge a doubt. Long story short I was found guilty.

Prepare your case, that is all I have to say.

Ghislain.

You made two mistakes Aaron. First, you slowed down too deliberately which made you appear as the guilty party and secondly you answered the copper's question with a question.

You want us to believe that the copper pulled over the wrong motorist doing 151k/hr. Why should we believe you over the pig?

Go to court and tell the judge that the officer's fly was open and he wasn't wearing his hat. If you're convincing enough "your worship" will throw out the charges. Good luck.

Actually get the computer of the jeep scanned, it should tell you the last speed it was doing.

They do this alot of times when accidents occur. Also challenge the radar and ask them to prove it was you. If they cannot provide substantial proof, that is doubt and you ask for the case to be dismissed. Challenge everything, challenge even the accuracy of the radar, did they use tuning forks before and after they clocked "you"? Do they have calibration records etc. Do this on the day of your trial and they will not have the evidence, because they would never think to bring calibration records, all you need to do is create reasonable doubt and your case will be dismissed. Its called an ambush approach and likely would be the only saving grace in your situation. Do not go to points or any of those assholes, they get no better deals then if you were to go in yourself and talk to them.

Oh and also, if it was raining and they were using the Ka doppler radar they cannot prove it was you or the rain.. also radar does not pick a target, it is whatever passes in front of it. Also if they were using Lidar that is a more accurate radar system, you will need disclosure to get all the info about the equipment they were using on that day. Then build your case from there.

^^ Agree.. fill out the paperwork with the Crown attorneys office. Getting disclosure will give you some insight into what this cop was thinking, it wil give you any radar proof as well as the officers notes for the night.

These Xcopper guys are usaully pretty good at taking away the suspended license charge and lowering the fine value to the min of $2000.

My friend got a similar ticket a week ago. If you want i can keep you updated on how that goes. Best bet for going to court is to make notes and revisit the sceen of the ticket. Look for any proof/ position of the two cars that could put doubt in the mind of the judge.

Good luck man

Thanks for the tips guys.

I'm definatly going to fight it, Whether I represent myself or not.
It was an Opp officer and he actually wasn't wearing his hat.

I was planning on buying a car on monday aswell, but now that this has happened, I dont think I should... as much as I want to.

Interesting aswell that the officer was not willing to give me a lift home or even off of the highway for that matter, I had to ask tow truck driver...

So I can go into court tommorow and request the disclosure? or do I not have to wait until Oct31, my court date?..

Thanks,
Aaron.

Hire one of those xcoper guys. Do not try to things on your own. That's just my opinion.

They will get the disclosure documents and advise you on what to do next.

Good luck with whatever you decide to do

One week is generally the amount of time an officer is alotted to drop everything off to the court. So in a week get disclosure. Make sure you get a copy of everything they have against you.

Ok, Will do.

Thanks,

you may want to read this as well.

http://www.magma.ca/~fyst/

It helped me get out of one of my tickets.

Thats really good material.

On my ticket it says that I was charged with "stunting-Excessive speed. 151km/h in a 100km/h zone.
Section 172(1)or it could be an (I)...

I thought that 50 over was under the street racing act? Is it not?

Thanks,

The Street Racing Act is the popular name. Highway Traffic Act Section 172 is the proper term.

ahh i see...

If this means anything, I had a Jeep Liberty (Renegade) before my Mini and anything over 130 felt unsafe. The most I ever pushed it to was 140+ and it felt scary - like it was going to rollover. 151+ in Jeep Liberty would be scary if you ask me. I was going to post that Magma link but Kenrick beat me to it. If what Adam Grenon is saying is true, I would get it scanned before it leaves the inpound. Adam Clay might be able to confirm if the Jeep can indeed be scanned and the last top speed be logged?

Yea the renagade is the one we have... the thing is horrible above 130...

I will check, if they can do that for me.

Thanks,

I'm pretty sure they can scan ANY car's computer to get the most recent driving data, just dont pick up the car until you're positive that it can (or cant) be done.. the car will only store so much data, and then it's lost.

sorry to hear man, just another tale about dumbass cops. good luck with ur case...

Bringing this back from the dead, I have court for this on friday and I just heard some news from my lawyer.

The officer that charged me with the 51 over is currently facing charges for falsifying evidence, I've been told his job is on the line.

Do you guys think he will show up to court If he is on suspension?

I'm really hoping this helps my chances with this ticket.

What do you guys think?

Aaron.

It's probably a question for your lawyer, seeing as you have one already!

If you have not read this already:
It may be a little late, but sue the cop for all expenses, charge him with theft.

http://www.osrclub.com/yabbse/index.php?topic=24212.0;topicseen

Oh and a very important part of that article.
"It is a universal principle that when two provisions conflict the one that is most favourable to the accused must be adopted, which is why most people are not being convicted under s. 172.
"

So you got caught doing 50 over, there is already a law in place for speeding, but 172 conflicts with it. You should have been just charged with speeding, and the issue of another car being radared could have been faught in court.

Good luck

well.... problem is, that article recommends that you attempt to arrest the officer when he attempts to legally (but illegally) steal your car (impound)... i would not recommend that myself, but all the power to you

but very good point, if you are NOT convicted of the charge, get your lawyer fees back through suit as you clearly lost money, was defrauded for impound fees and the hardship of being taken advantage of without proper evidence??

Charge has been Withdrawn!!!!

More details?

good! did you get any of your towing fees back? or licence reinstatement fees?

Yeah, give us the details!
I didn't read this book just to find that the last page is missing...

Good for you! That's awesome news. Now, give us the details!

I didn't get any money back, Or even try to...

I'm just happy I got out of there alive.

The officer was charged with Falsifying evidence in another case, which is mainly what my lawyer worked off of.
My lawyer also brought up the fact that the rader he used had a 4% possibility of being inaccurate.

The charge was instantly withdrawn.

I'm definatly happy I didn't lose my license or 10G's today!

Thanks for the advice guys!

Aaron.

You should try and get back impound/towing fees if you were charged any.



Do you mean 4% of being accurate? 4% inaccuracy seems awfully low.

Did the lawyer bring up the protege that was doing the speed that was radar'd?

He didn't even get to the protege part of the story, It was withdrawn so fast. We were in and out so quickly.

Good to hear buddy.... im sure there is better plans for that money than donating it tp the government.

Justice pevails!

Awesome result, screw the man!

Asshole comment of the year ....way to go Ziggy.