Help With HTA

[bitg_pj]

Today I was pulled, I'm assuming he didn't have me on the gun because he tried to bully me from the outset, and never said how fast I was going.

1. he didn't charge me with a speeding fine...he tried "careless"

I can't afford this one on my record clearly...he stated my speed "shook his car" which was actually just my ridiculously oversized exhaust ( im willing to take a ticket for that )

But wouldnt tell me how fast I was going...and threatened my licence and my car ( he can't do that on an HTA offence well under the 50k/m over the speed limit can he ? ) I was doing a max of 100 in a 70...probably more like 90...even if my rate of acceleration was mor then the rest of traffc...but not ridiculous.

I'm willing to take a ticket for 10 or 20 over....i probably was ding 15-20 over realistically.

So my questions are as follows....

How can I find out if I was on the gun ?

How can I fight this?

Can he give me a ticket for careless if I wasnt ridiculously speeding...didn't squak the tires...nothing...like I said, slightly hard acceleration...but thats about it

[xtreme17]

Go to the courthouse, and request a copy of the "officers notes".
This is a paper that the officer basically write everything down on in his own words.
It should also say if he used radar, and if so... what kind, and when it was last calibrated.
I'm not sure what the calibration expiry period for radar where you are, but I know that they MUST calibrate them every certain time period. (you should be able to find out from the courthouse, or just by searching on the net.
Make sure ALL of the info on the ticket is correct. Such as your name, address, license number, location of incident, etc, etc, etc...
If any of that is false or incorrect, it may be enough to have the ticket thrown out.
I'm not sure if he can really give you a "careless driving" ticket for speeding. (or accelerating too fast)... I doubt it though.
Get your vehicles speedometer checked as well. If your speedometer shows that your going slower than you actually are, you should be able to get some speed taken off of what is shown on the ticket. (if ANY speed actually IS shown).
If none of this stuff helps, and your license is in jeopardy, I would recommend hiring a traffic ticket specialist.
They don't charge too much, and they will go to court and fight it for you (basically like a lawyer.)
They are usually pretty good, and well worth it in MANY cases... ESPECIALLY if your license is at risk.

-Shawn.

... Karma if any of this helps? lol

[John_Shea]

Careless Driving as stated in the Highway Traffic Act (HTA)

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

That gives you an idea. Excessive Speeding falls under "due care and attention or without reasonable consideration for other persons using the highway"
You can get off tho. In court the officer must have proof for a careless charge as its an opinion based charge and quasi-criminal. Courts in the past have required that the concept of "mens rea" be present. Translated, it means a guilty mind which indicates someone intended to drive carelessly.

The reason why you got careless is because the cop knows you will fight it, When it gets to court you will state your side. Once you say your story "blah blah i was only doing 15 over blah" you just admitted to breaking the law, admitting guilt and you will get charge out of the deal. It just a cop way to insure a conviction.

Pretty Sneaky eh .
On the [shizzle]ty side tho If the officer can prove it.. your [fizzle]ed

So your options are. Take the careless and get raped for the rest of your life, pay a huge fine, loose your license, do not pass go and collect your $200.
Or Fight it and take the less charge (the smart move). No matter what way you choose your going to walk away with something

Edit - Send me the money you were going to hire the traffic specialist with

[MadBad]

just plead innocent and take it to court.

file for disclosure "officers notes" .. based on that make your defence

as long as u werent cutting in and out of traffic the charge of careless driving wont hold.
Also tell the judge that u were not allowed to see the radar gun. and quote the officer "shook his car" comment .

Dont say anything about your exhaust .. or admit to going over the limit. Dont even admit to hard acceleration ( there is a ticket for that even though you keep speed limit).

Base your argument on the defence of the careless driving charge.

[bitg_pj]

Originally Posted by MadBad

just plead innocent and take it to court.

file for disclosure "officers notes" .. based on that make your defence

as long as u werent cutting in and out of traffic the charge of careless driving wont hold.
Also tell the judge that u were not allowed to see the radar gun. and quote the officer "shook his car" comment .

Dont say anything about your exhaust .. or admit to going over the limit. Dont even admit to hard acceleration ( there is a ticket for that even though you keep speed limit).

Base your argument on the defence of the careless driving charge.

want to represent me?