Speeding - 99km in an 80km zone

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Machiavelli
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Speeding - 99km in an 80km zone

by: Machiavelli on
Wed Aug 03, 2011 3:06 pm

Hi there.

I received a speeding ticket yesterday, and was hoping to get some insight as to how to deal with it here.

I was driving, and I seen an officer driving behind a couple of oncoming cars. I looked down at my speed, and seen that I was doing slightly over 100 (ie 102/103), so I put on the brake lightly to slow down. About 30 seconds after the officer had passed me he did a U-turn and followed me for about a minute before pulling me over.

When he came up to the vehicle he told me that he got me doing 110km in an 80km zone, and asked me if I realized I was going that fast. I told him no.

I was sure that I had never gone above 105km, do police ever lie when telling you their radar reading? This is my first speeding ticket and didn't think to question him.

When he came back from his vehicle, he told me that he had reduced the ticket to 99km in an 80km zone.

If I fight this at trial, is it possible to have my ticket increased as an outcome? (ie. Back up to 110km, even though the ticket was given for 99km and makes no mention of 110km)

If no, then is there any disadvantage to taking the ticket to trial?

Thank you!
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Stanton
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by: Stanton on
Wed Aug 03, 2011 4:56 pm

Speeding tickets can be, and regularly are amended by the Crown at trial back to the full amount. The fact that a ticket has been reduced is rarely marked on it. Sometimes there will be a letter "R" in a box marked code, but its not required. Basically the Crown gets a copy of the officers notes prior to trial and will see the original speed you were travelling. It does make going to trial a risk since speeding tickets can be hard to beat. Just FYI thirty over would carry a $220 fine and 4 demerit points compared to $62.50 fine and 3 points you face now.
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hwybear
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by: hwybear on
Thu Aug 04, 2011 9:15 am

Machiavelli wrote:I was driving, and I seen an officer driving behind a couple of oncoming cars. I looked down at my speed, and seen that I was doing slightly over 100 (ie 102/103), so I put on the brake lightly to slow down. About 30 seconds after the officer had passed me he did a U-turn and followed me for about a minute before pulling me over.

When he came up to the vehicle he told me that he got me doing 110km in an 80km zone.
Radar does not take a "reading" when the driver looks down at "their" speedometer.
Somewhat of a perspective, police are driving and looking down, far down the road (1km) for vehicles travelling above the speed limit.
When a vehicle is observed the officer activates radar and obtains a reading.
Most people are lucky if they are scanning 200 m (2 football field) ahead.
Once the driver notices the cruiser they subconsciously take their foot off the fuel and might slightly touch the brake, only when the driver believes they are close enough to be caught do they actually look at the speedo, which by then they are caught at a higher speed then they realize

Here is another good/funny example: I will park x-ways/perpendicular to road.....you should see how many driver's lift their hand slightly from the steering wheel and check their speed as they go past the "nose" of the cruiser, ah yeah, I had your speed 1/2km ago.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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