You state that the driver in front of you slowed to just under the speed limit and then you decided to pass. Passing safely in this case must surely mean you have to exceed the speed limit and therefore you were at the mercy of the police radar. As far as I know there is no consideration given in Ontario for speeding when trying to safely pass as there is is some US jurisdictions. So as far as the police officer is concerned you were speeding and it does not matter that you were speeding to pass somebody.
As far as having the other driver charged I doubt this will happen. Your assumption that the other driver slowed to let you pass is just that, an assumption. There could be many other reasons for him slowing down. Maybe he saw something ahead and decided it prudent to slow down. Maybe he had a radar detector and had warning of the oncoming police car. Your assumption that he was slowing to let you pass is not something I would rely on in court.
As far as you not being able to slow down because you were pulling a trailer I'd say that would fall under the conditions of you going too fast. You are always supposed to be in control of your vehicle and that includes being able to bring it to a safe stop. This is not something I would ever state in court as part of a defence.
But, as always, request disclosure from the courts and then decide if you want to fight the ticket.
This would not be considered entrapment. For entrapment to occur, the Supreme Court of Canada has held that: (1) the police officer provides an opportunity for someone to commit an offence; and (2) the police officer convinces someone to commit the offence.
The proper thing to do if you cannot safely pass the vehicle, it would be to slow down and turn back and continue behind the vehicle.
My own short opinionated thoughts about this which don't mean much of anything... you weren't ready to make a pass. It sounds like you took way too much time to do it, didn't nearly have enough speed to do it, and relied on other drivers to overcompensate for it. What leads me to that conclusion? Two things. A vehicle seemingly out of nowhere appears in the incoming lane. Either (a) you didn't have enough visual clearance to make a pass; or (b) you just took way too long. The other, the speed. During this pedal to the metal period where your husband "floored it", you hit about 102km. So unless the officer has reduced your charge significantly, how fast could you have been possibly moving before this while trying to get around? Especially considering the added length of a trailer, when do you expect to finish a pass by doing lets say 85km? Passing should be done quick.
If you plan on taking this to trial, i'd suggest you request a copy of the officers notes before you walk in blind with assumptions. It'll contain all the information pertaining to your stop. It's better to know than to be blindsided with it during a trial.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Is that not a bit of failed logic in the entrapment theory you've provided?
Why would an officer need to go through all this trouble when you're already sitting behind him and speeding?
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