I was hoping i could get some insight/help with some traffic issue im currently facing.
I was issued a ticket for speeding 73 in a 50 last year, and obviously i took it to court, the trial for which was yesterday.
The ticket was given to me in the right lane heading southbound on Bathurst St. I was driving behind a car (Ford F150), there was another car behind me, and one to my left. The officer took the shot with a radar gun, and signaled for a vehicle to pull over. The guy in front of me, naturally, pulled over. The cop then also signaled me to pull over, at this point i became confused. Then he proceeded to let the guy in the F150 go, the guy i was driving behind, and gave me a ticket... I was driving my fathers car, a new Saab 93 Aero, which is why i believe he gave me the ticket, but that's a whole other story (I was 21 at the time)...
I took the ticket to court and had my trial yesterday. I chose to take the ticket to trial, and not accept the reduced offer, because i feel as a matter of principal that i was wronged. This is how the trial went.
- Radar was calibrated several times during the day
- It was a clear day and he could make everything out
- He had a clear shot of me
- I was gaining on the car in front of me
- I was not driving 73, i recall i was going slower, under 60 i believe.
- I was driving with the flow of traffic around me
The verdict: Guilty
- I didnt specify an exact speed with which i was driving
- I have no proof that i was going that speed even if i had specified it
- Driving with the flow of traffic doesn't matter, and they took the cops word over mine on that i was gaining since i had no hard proof of the speed, and officer had radar shot.
Alas i was found guilty.
Apparently going with the flow of traffic around you is not a valid defense. At the trial the officer said that equipment was all calibrated, and he confirmed that i was driving in a pack of cars, but claimed that i was gaining on the car in front of me and that's why he singled me out.
What i want to know, is if i can/should appeal the conviction?
1. Will i have another option at the appeal to settle for a reduced fine with the prosecutor?
2. If not, can i change my defense on the second trial? and if so what would be a more reasonable defense? I never admitted to speeding, i said i must have been going under 60 at the trial but did not specify a speed, can i swear at the appeal that now i remember i was going 50 and with the traffic around me? and that the big F150 in front of me may have affected his radar?
Thanks for any help.