I would like to fight this ticket and get the charges completely dropped because what the cop hadn't seen was that i had just accelerated to avoid an accident with another car. I have written an account of what happened which i plan to present to the court along with snapshots from google images to back up the account.
Don't bother with Google Images, the courts will not accept them. Go to the location and take pictures yourself.
Guidelines for Submitting Photographs: topic1765.html
What i'm not sure about is how to proceed. If i choose option 2 i'm still pleading guilty to the charge so the best i'll get is a reduced fine but if i choose option 3 and go to court i'm still going to be admitting to the speed violation but then showing reasons for justification.
One of the options on the ticket says:
I intend to challenge the evidence of the Provincial Offences Officer. I request that the officer attend the trial
I'm concerned that if i choose this option the court will assume that i plan to contest the documentation of the officer and look for a loophole in the procedures and the moment i explain that yes i did speed but with good reason the court will tell me that speeding is speeding and you're SOL
Option 2 is an early resolution meeting with the prosecutor. Your story may get you a reduction in the speed, but the prosecutor will not withdraw/drop the charge.
From their perspective, they have evidence to support a conviction... why would they withdraw? If the defendant believes they have a 'Necessity Defence', then its up to them to show that.
Based on your story, you will require a full-blown trial. Even if you think you have a necessity defence, it's still in your best interest to review the officer's notes on how he obtained your speed; did he properly test the device before and after his shift; was he qualified at the time?
Speeding is an absolute liability offence, the only way to be found not-guilty is to use a 'necessity defence' OR find issues with the officer's speed reading.
I even contacted the officer personally a few days later and he called me back but he made it very clear that the ticket had been submitted and he couldn't change anything so i didn't even try and explain the circumstances to him.
Discontinue contact with the officer, it's not going to help you.
Here is my account of what happened, any advice would be really appreciated as i have never fought a speeding ticket before. I don't even know how to submit my option 3, i assume i have to take it down to the address listed and hand it over in person.
That's exactly what you have to do.
At the time of the speeding violation i was travelling North up wonderland road to get back to work on my lunch hour.
I was approaching the traffic lights at wonderland and whiteacres drive, travelling at the posted speed limit when a car pulled out from whiteacres drive onto wonderland road into the right hand lane. The light was green so i had right of way but the car failed to accelerate quickly enough to merge into traffic and it would have been illegal for me to change lanes over an intersection so instead of slamming on my breaks and causing a potential accident to cars behind me
It is not illegal to change lanes while driving through an intersection. It is only illegal to change lanes while making turns (left turn & right turn) through an intersection.
Lets say for example right turn driver from Whiteacres Dr. rather than turning into the right lane on Wonderland Rd... he went wide and turned into the left lane on Wonderland Rd... that would be illegal.
If you're driving north on Wonderland Rd and want to change from the right lane to the left lane in the middle of the intersection, that is perfectly legal as long you can do safely.
i checked the road ahead, saw that it was clear of cars and accelerated once over the intersection and crossed into the left hand lane allowing me to pass the car.
There were cars in both lanes behind me and to have merged into the left lane so suddenly could have caused a potential accident to the cars in the left lane behind me so i decided at the time that the burst of speed would be the safest choice and did allow me to generate enough distance between myself and the car behind me in the left lane whilst avoiding the slower vehicle in the right lane
the road then turned into a decline elevating my higher speed at which point the officer registered my speed with the radar gun.
The officer stepped out into wonderland road from attawanderon gate to indicate for me to pull in and i looked at my speed once i realized he was an officer and i was already back down to 67km and still slowing.
The burst of speed resulting in me breaking the speed limit was to avoid a potential accident and therefore justified and was not intended as an attempt to travel above the speed limit without cause. Furthermore there were no accidents caused by my actions solidifying the fact that my judgement at the time was justified
This is beginning to look like a necessity defence, however it's not quite there in my opinion.
What type of vehicles were behind you? How long were the vehicles following you? How close were they? Were they tailgating you? How did you come to the conclusion they would have been unable to stop if you had braked?
Three elements are required for a successful defence :
1. the accused must be in imminent peril or danger
2. the accused must have had no reasonable legal alternative to the course of action he or she undertook
3. the harm inflicted by the accused must be proportional to the harm avoided by the accused
The peril or danger must be more than just foreseeable or likely. It must be near and unavoidable.
At a minimum the situation must be so emergent and the peril must be so pressing that normal human instincts cry out for action and make a counsel of patience unreasonable.
You may want to take a look at this thread, as it's similar to what happened to you: topic5345.html