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80km/h in a 50km/h zone
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PostPosted: Sun Dec 01, 2013 8:51 pm 
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Jr. Member

Joined: Sun Dec 01, 2013 8:42 pm
Posts: 31
Hey Everyone,

Looking for some advise, I was driving back from the cottage in Minden on Hwy 35 coming though a town where the speed drops from 80 to 50. I was rounding a corner and boom there was an OPP. I looked down at my digital spedo and it showed 78. OPP turns around and pulls behind me and follows for about 8km. After the town the speed goes back up to 80km.

I get pulled over officer asks if I want to see what is has locked in I said sure, he shows 80km/h on this screen. I asked what type of radar technology was used Laser or Doppler he said it wasn't laser but didn't know about doppler, I asked how often is it calibrated he said it auto calibrates.

He never asked for my insurance or registration just gave me a ticket for exactly the 80km/h on the screen, I asked can he confirm that I was not going 79km/h but in fact 80k/h the difference is a point and a smaller fine he said he can tell the speed of cars by looking at them....

He said he tracked me for a few seconds and the speed never dropped below 80km/h.

I found it strange that is tailed me until I got back into a 80 zone before pulling me over he said his computer was down and needed to call it in hence why it took so long.

Do I have options here? I know I was going in the low 70's I know it wasn't in the 80's.

Thanks
-Devin


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Re: 80km/h in a 50km/h zone
PostPosted: Sun Dec 01, 2013 9:02 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The argument that your speedometer showed 78 km/hr instead of 80 km/hr isn't a defence that will work in Court. The difference in speed is minor and you don't know if the officer obtained the reading at the same time you looked at your speedo. Courts will also generally accept the radar as being far more accurate then your speedo.

As with any traffic offence, if you plan on fighting it the best step is to request disclosure and see what the evidence against you is. Lots of good threads on the forum outlining the basic steps to take and common avenues for fighting speeding charges. You basically have to raise doubt as to the accuracy of the Crown's evidence. If the officer has good notes and properly tested the radar they can be hard tickets to beat, but you won't know until you request disclosure. If you're happy with a reduced fine, you're pretty much guaranteed a plea deal to a reduced speed/fine.

Good luck!


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Re: 80km/h in a 50km/h zone
PostPosted: Mon Dec 02, 2013 9:15 am 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
and you admit to 78..Just how is that the low 70s?

ops


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Re: 80km/h in a 50km/h zone
PostPosted: Mon Dec 02, 2013 9:17 am 
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Joined: Sun Dec 01, 2013 8:42 pm
Posts: 31
OPS Copper wrote:
and you admit to 78..Just how is that the low 70s?

ops


Sorry i should have said I was going low 78 as I entered to 50 zone before being within range of the officer I began to slow down before rounding the corner with the officer.


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Re: 80km/h in a 50km/h zone
PostPosted: Mon Dec 02, 2013 12:45 pm 
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Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Speeding is an absolute liability offense. What that means is you were either speeding or you weren't. Your defense has to be " I was not speeding and here's why...". Saying you were doing 78 and not 80 is not a defense for an absolute liability offense. All you're telling the court is "I'm guilty and please ignore everything i'm about to say".


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