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107 in 80 zone
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PostPosted: Mon Oct 20, 2014 11:30 pm 
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Not sure if this is an acceptable spot to post since right now so I'm sorry if this is wrong but I couldn't find a better place to post...

So I got a ticket the other day and was shocked because I was caught "going 27 over" according to the officer. When I got told that I thought I was still in the 50 zone even though I was 99% certain I was well outside of it but figured I must have screwed up. I knew I had my cruise set to 80 so I thought since we both came to the crest of the hill at the same time that maybe that dropped the speed or something. She knocked it down to 10 over which sounded great to me. She also told me it wouldn't affect my insurance since it was my first ticket.

After I got to work I looked at the ticket and my jaw dropped as it said 90 in an 80. Since I started working for a school board and traveled for work I've done the speed limit dead on nearly all the time and get passed like crazy but travel for work business has made me used to driving the speed limit. I am 100% positive that I had my cruise on 80 and I was no where near 107 as she advised. I'm guessing this may be more likely from meeting at the crest of the hill as I've heard tickets on curves and hills have been thrown out on multiple occasions because some devices can't get accurate readings on non-flat/straight surfaces.

Anyways, I know that its essentially I'm fighting a nearly impossible fight (typical trial times are about 4 months where I got my ticket from what I've read so 11B is likely out of the question). I have added a coverage to my insurance today to protect my conviction record in the event of a minor ticket and I haven't paid the ticket but my broker warned me that I have to at least say I want to fight the ticket because if I pay in the 15 day limits the conviction can be considered to be the date of the ticket which then means I wasn't eligible for the coverage and cost be dropped. So if I fight the ticket (or at least say I am) then I can choose to pay or fight after that and won't have an issue with the coverage as I would be found guilty by trial or plead guilty after the fact.

The entire reason I added the coverage is because I found out that while I don't get a surcharge for my first my conviction, that I do lose my 15-20% conviction free discount. The broker estimated it would cost me around $1000 in 3 years in lost discount plus ticket price but the conviction protector coverage in 45 a year so 135 saves me over 850 in 3 years which is great but since I have to at least say I want to fight the ticket I figure I might as well ask for disclosure and at least see if I can find out if the officer screwed up with something in their notes or failed to submit the ticket or something that is basically a get out of jail free card. A friend of mine even called in sick on the first date while sitting in court because he saw the officer show up which then postponed his date (I think he was really lucky there since I think it only worked for him since the crown found out during a recess break).

I know I am innocent (I'm sure some don't believe me but that's ok) but I know that the hard truth is it would be very hard to convince a JP of that when the officer's testimony means more than mine. Given decent notes the only thing I can really think of is to go after their memory of the event to create doubt. Like what clothes I was wearing, what I had on my passenger seat, if my car is hatchback or sedan, more descriptive colour information (car is likely noted as blue but likely not as dark/navy blue), and other stuff like that. Also to explain that in the morning I leave at 7:02-7:03 so that I miss buses which is the difference between arriving 5-10 minutes later and getting there 20-25 minutes early so I had no reason to speed unless I wanted to get to work earlier than early. I would have to hope between those points and me being certain I had my cruise set to 80 and to hopefully point out issues with the officer's memory that it would be enough to cause reasonable doubt I'm sure there's people periodically who actually are innocent and get convicted. Also maybe pointing out that to risk paying a much higher amount and to get 4 points to fight the ticket shows that I'm not fighting the ticket for monetary reasons and typically that's the only reason to fight a ticket.

Honestly, I think the cop unknowingly screwed up or the device screwed up. It would be exceptionally hard to beat this and if I do fight it I am likely looking at fighting the 107 in a 80 initial reading instead of the 90. I'm one of those people that if innocent would strongly consider risking a heavier fine (and with the protector in place and given its still a minor conviction I almost feel like I might as well but at the same time it takes time to fight it) but at the same time feel that $40 isn't much but could be if I get a ticket for something stupid in the next 3 years or something like that.

Any thoughts on this? I know I have some easy outs depending on what happens but I also have a very slim chance of winning if the officer shows up. Not sure what to do but figured I'd see what others thought.

Thanks.

EDIT: Also if I fill out the ticket to request a trial date and not check off I want to challenge evidence of the officer, can I make that request later in writing after the date has been set as it will potentially get looked at by the prosecutor more as time permits and could possibly be overlooked? I can't find any case law that says I can or can't request that the officer attend after submitting my choice to fight.


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Re: 107 in 80 zone
PostPosted: Tue Oct 21, 2014 2:06 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Robar1717 wrote:
I'm guessing this may be more likely from meeting at the crest of the hill as I've heard tickets on curves and hills have been thrown out on multiple occasions because some devices can't get accurate readings on non-flat/straight surfaces.


Readings on curves and hills benefit the driver, not the other way around. It'll read your speed lower than it actually is, which makes it a "shoot yourself in the foot" defense.

That being said, you don't have disclosure and you're currently making a case out of thin air. Wait for disclosure and find out when, where, and how your speed was determined.

Robar1717 wrote:
Given decent notes the only thing I can really think of is to go after their memory of the event to create doubt. Like what clothes I was wearing, what I had on my passenger seat, if my car is hatchback or sedan, more descriptive colour information (car is likely noted as blue but likely not as dark/navy blue), and other stuff like that.


Unless maybe your charge is a seat belt violation, the colour of your clothes is an irrelevant argument. Some goes with asking what you had on the passenger seat. The officer also isn't expected to know the exact colour code of your vehicle also. He can say it's black when it's a dark blue. As long as he's in the ballpark, it's not going to be an argument worth wasting time on.

Robar1717 wrote:
Also to explain that in the morning I leave at 7:02-7:03 so that I miss buses which is the difference between arriving 5-10 minutes later and getting there 20-25 minutes early so I had no reason to speed unless I wanted to get to work earlier than early.


People speed all the time and have no where to go. Lots of people ignore the posted speed limits and just drive whatever is safe according to the conditions. Leaving early doesn't necessary prove you weren't speeding.

Robar1717 wrote:
Also maybe pointing out that to risk paying a much higher amount and to get 4 points to fight the ticket shows that I'm not fighting the ticket for monetary reasons and typically that's the only reason to fight a ticket.


That's not going to have any impact on the decision. There are plenty of people every single day who ramble on with no defense whatsoever and risk the higher fine. Not saying that's you, but seeing someone risk a higher fine is not unusual even if it's just to make an incoherent point.

Robar1717 wrote:
Any thoughts on this? I know I have some easy outs depending on what happens but I also have a very slim chance of winning if the officer shows up. Not sure what to do but figured I'd see what others thought.


Request disclosure and go from there.


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