135km/h in a 90 zone - What should I do?

mangup
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135km/h in a 90 zone - What should I do?

by: mangup on
Sun Jun 26, 2011 10:01 pm

Hey guys,

I need some help?

I got caught speeding yesterday. The cop wrote on the ticket that I was going 135 but I do not believe that I was going that fast. I don't know how he could assume that? Cop cars have some radars on them or something?

What happened was I was driving North, the cop was coming towards me South. As soon as I seen him I slowed down a bit, but i looked on my rear view, and he gave signal to do a U turn, and I knew he was coming after me, so i slowed down, and pulled over. Anyways there were two cops in the car. The one comes to me and tells me you know I was going 135? I said really? I don't think I was going that fast... (Now without a radar I don't know how he would know that) ...So i was nice and everything so I was thinking he was going to let me go. He seemed like a decent cop too, so was hoping to be lucky. He get's all my information and stuff, and before he goes he tells me "You know I'm going to have to give you a ticket" I'm thinking because I stopped, and I wasn't a prick, he was just going to give me a 15km over or something?

What should I do? Do you I have a chance to fight it? My girlfriend was in the car as well so I can use her as a witness to say that I wasn't going that fast. And I don't believe I was. Maybe around 110 yeah, but NOT 135. But I think it makes it worse because it was two cops. What should I do? Which option should i choose to fight this?

Anything at this point is appreciated!

Thanks!


Stanton
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by: Stanton on
Mon Jun 27, 2011 12:02 am

Many police cruisers are equipped with moving radar. It's typically mounted on the dash and back window and can measure the speed of other moving vehicles on the roadway.

After a quick read of your post, it doesn't sound like you're sure of what your speed was, just that you weren't going that fast. For Court purposes, you and your girlfriend saying you don't think you were going that fast really isn't a defence. You'll certainly want to request disclosure to see what the actual evidence against you is.

There are lots of posts regarding how to proceed with radar tickets and common defence strategies that will help you once you see the evidence. It's also very likely the Crown will offer you a plea deal to a lower speed. Not sure if they'd knock it down to 15 over, but I'm sure they'd reduce it somewhat.


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Simon Borys
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by: Simon Borys on
Mon Jun 27, 2011 8:10 pm

Normally when it the defendant agrees that they were speeding but disputes the amount (i.e. I was going 110 but not 135), the court prefers the officer's evidence of you speed, obtained with instruments specifically designed for that purpose over your evidence of "I just don't think I was going that fast." Just something to be mindful of...

Also, officer's never "have to" give you a ticket. Read this: http://simonborys.wordpress.com/2011/02 ... -a-ticket/
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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