Hi, I received a speeding ticket* about an hour ago, but only now realized the unusual situation and don't know if the below is usable in court. The road I was driving on was a 40 km/h hour 4-lane road (speeding ticket shows 57), and I was on the right lane, the police officer was hiding behind a bush on the right side. Ahead of me the right lane was blocked off for a section with traffic cones. There was a car behind me going fairly fast, as well as a car in the left lane, but behind a bit as well. I figured i had 3 options, brake and cause a dangerous situation with the car behind, change lanes at my current speed and risk cutting off the driver in the left, or speeding up and changing lanes. I chose option 3. My question is, is speeding speeding regardless of the situation, or can it be acceptable to speed up to avoid a potentially dangerous situation, and can this be used in traffic violation court? If so, i plan on driving out there and taking a picture of the pyloned-off right lane. *my first speeding ticket ever **the police officer stopped me in the left lane. ***i forgot to mention the pylons or situation to the officer because i was so flustered/stressed out by the whole situation given it's the first time i've ever been pulled over
Hi,
I received a speeding ticket* about an hour ago, but only now realized the unusual situation and don't know if the below is usable in court.
The road I was driving on was a 40 km/h hour 4-lane road (speeding ticket shows 57), and I was on the right lane, the police officer was hiding behind a bush on the right side.
Ahead of me the right lane was blocked off for a section with traffic cones. There was a car behind me going fairly fast, as well as a car in the left lane, but behind a bit as well.
I figured i had 3 options, brake and cause a dangerous situation with the car behind, change lanes at my current speed and risk cutting off the driver in the left, or speeding up and changing lanes. I chose option 3.
My question is, is speeding speeding regardless of the situation, or can it be acceptable to speed up to avoid a potentially dangerous situation, and can this be used in traffic violation court?
If so, i plan on driving out there and taking a picture of the pyloned-off right lane.
*my first speeding ticket ever
**the police officer stopped me in the left lane.
***i forgot to mention the pylons or situation to the officer because i was so flustered/stressed out by the whole situation given it's the first time i've ever been pulled over
You would have to pretty much prove the car behind you was basically tail gating you for this defense to work (like literally on your bumper almost AND that your life was in danger). This is probably next to impossible to do unless you had dashcam footage or a witness in your vehicle with you. You would also have to be willing to testify under oath that you were only going 40km/h before you sped up. If you testify that you were already going more than 40 (but maybe not 57) then your defense fails as you were already speeding anyways. So in my opinion this defense probably would not work. However you should always look at the discloasure/officers notes before you decide how to proceed to make sure there isn't something important they missed, so I recommend you plead not guilty and request a trial and once you get your notice of trial you can request disclosure (officers notes, copy of speed measuring device manual).
You would have to pretty much prove the car behind you was basically tail gating you for this defense to work (like literally on your bumper almost AND that your life was in danger). This is probably next to impossible to do unless you had dashcam footage or a witness in your vehicle with you.
You would also have to be willing to testify under oath that you were only going 40km/h before you sped up. If you testify that you were already going more than 40 (but maybe not 57) then your defense fails as you were already speeding anyways.
So in my opinion this defense probably would not work.
However you should always look at the discloasure/officers notes before you decide how to proceed to make sure there isn't something important they missed, so I recommend you plead not guilty and request a trial and once you get your notice of trial you can request disclosure (officers notes, copy of speed measuring device manual).
Last edited by jsherk on Tue Sep 13, 2016 4:12 pm, edited 1 time in total.
Speeding is an absolute liability offense. Short of travelling to an emergency room or escaping some sort of violent situation, there's no excuse for it. No, "proving the car behind you was basically tail gating you" is not a defense. You can't argue safety by making the situation more deadly by engaging in a speeding duel. The driver behind you is responsible for keeping a safe distance. It's not your responsibility to keep that distance by exceeding the speed limits. Not that it matters, but the fact this situation was never brought up during the stop only makes it seem less critical than it was.
Speeding is an absolute liability offense. Short of travelling to an emergency room or escaping some sort of violent situation, there's no excuse for it.
No, "proving the car behind you was basically tail gating you" is not a defense. You can't argue safety by making the situation more deadly by engaging in a speeding duel.
The driver behind you is responsible for keeping a safe distance. It's not your responsibility to keep that distance by exceeding the speed limits. Not that it matters, but the fact this situation was never brought up during the stop only makes it seem less critical than it was.
you have option 4, wait until safe to change lane, this is on the book.
mmak42 wrote:
Hi,
I received a speeding ticket* about an hour ago, but only now realized the unusual situation and don't know if the below is usable in court.
The road I was driving on was a 40 km/h hour 4-lane road (speeding ticket shows 57), and I was on the right lane, the police officer was hiding behind a bush on the right side.
Ahead of me the right lane was blocked off for a section with traffic cones. There was a car behind me going fairly fast, as well as a car in the left lane, but behind a bit as well.
I figured i had 3 options, brake and cause a dangerous situation with the car behind, change lanes at my current speed and risk cutting off the driver in the left, or speeding up and changing lanes. I chose option 3.
My question is, is speeding speeding regardless of the situation, or can it be acceptable to speed up to avoid a potentially dangerous situation, and can this be used in traffic violation court?
If so, i plan on driving out there and taking a picture of the pyloned-off right lane.
*my first speeding ticket ever
**the police officer stopped me in the left lane.
***i forgot to mention the pylons or situation to the officer because i was so flustered/stressed out by the whole situation given it's the first time i've ever been pulled over
you have option 4, wait until safe to change lane, this is on the book.
essentially everyone is correct here, especially Bend, if your doing 41 in a 40 that is speeding. To be honest, if someone is on your bumper, brake, it's there fault there problem. If your in the 1st lane and not a passing lane and keeping to the speed limit you are 100% in the right. I have found this pleasant land to be full of douchebag drivers, who will tailgate you, cut you up and speed. YOU do what is right and you will be fine, if you are NOT speeding and someone is on your tail they will go round IF you are speeding and someone is on your tail then YOU BRAKE, but you WHERE speeding.
essentially everyone is correct here, especially Bend,
if your doing 41 in a 40 that is speeding.
To be honest, if someone is on your bumper, brake, it's there fault there problem.
If your in the 1st lane and not a passing lane and keeping to the speed limit you are 100% in the right.
I have found this pleasant land to be full of douchebag drivers, who will tailgate you, cut you up and speed.
YOU do what is right and you will be fine, if you are NOT speeding and someone is on your tail they will go round
IF you are speeding and someone is on your tail then YOU BRAKE, but you WHERE speeding.
mmak42 wrote:
Hi,
I received a speeding ticket* about an hour ago, but only now realized the unusual situation and don't know if the below is usable in court.
The road I was driving on was a 40 km/h hour 4-lane road (speeding ticket shows 57), and I was on the right lane, the police officer was hiding behind a bush on the right side.
Ahead of me the right lane was blocked off for a section with traffic cones. There was a car behind me going fairly fast, as well as a car in the left lane, but behind a bit as well.
I figured i had 3 options, brake and cause a dangerous situation with the car behind, change lanes at my current speed and risk cutting off the driver in the left, or speeding up and changing lanes. I chose option 3.
My question is, is speeding speeding regardless of the situation, or can it be acceptable to speed up to avoid a potentially dangerous situation, and can this be used in traffic violation court?
If so, i plan on driving out there and taking a picture of the pyloned-off right lane.
*my first speeding ticket ever
**the police officer stopped me in the left lane.
***i forgot to mention the pylons or situation to the officer because i was so flustered/stressed out by the whole situation given it's the first time i've ever been pulled over
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
"IF you are speeding and someone is on your tail then YOU BRAKE" ... Really? So you take a chance of getting rear ended, or the guy slams on his brakes, loses control, and a big accident happens...Not good advice there...
"IF you are speeding and someone is on your tail then YOU BRAKE" ... Really? So you take a chance of getting rear ended, or the guy slams on his brakes, loses control, and a big accident happens...Not good advice there...
bend sounds like a Traffic Cop :mrgreen: i've learnt a lot from you. Ya happened once to my friend, cop told him he should have slowed down no matter what, if the tailgater rear end she/he will get Big Ticket if the Police is there present and witnessing. My wife's friend rear end hard someone at construction zone the Police saw it in front of him, Police give her -6 demerit points ticket 500-800$ fined, PLus texting while driving 300$+ i believe at that time no demerit point, her insurance premium jumped from 200$ to 700$ per month Ouch ! Well i still see people talk/text while driving or stop light.....
bend wrote:
Speeding is an absolute liability offense. Short of travelling to an emergency room or escaping some sort of violent situation, there's no excuse for it.
No, "proving the car behind you was basically tail gating you" is not a defense. You can't argue safety by making the situation more deadly by engaging in a speeding duel.
The driver behind you is responsible for keeping a safe distance. It's not your responsibility to keep that distance by exceeding the speed limits. Not that it matters, but the fact this situation was never brought up during the stop only makes it seem less critical than it was.
bend sounds like a Traffic Cop i've learnt a lot from you. Ya happened once to my friend, cop told him he should have slowed down no matter what, if the tailgater rear end she/he will get Big Ticket if the Police is there present and witnessing.
My wife's friend rear end hard someone at construction zone the Police saw it in front of him, Police give her -6 demerit points ticket 500-800$ fined, PLus texting while driving 300$+ i believe at that time no demerit point, her insurance premium jumped from 200$ to 700$ per month Ouch !
Well i still see people talk/text while driving or stop light.....
Let me clarify, IF I'm keeping to the speed limit, and keeping a relevant distance behind the driver in front of me and he brakes or another driver cuts in front of me "Forces" me to brake then I AM GOING to brake, if your behind me good luck to you. I am not there to worry who is behind me and worry if there going to ram me, you hit me from behind that is totally your look out and your fault. I am NOT, I repeat NOT talking about brake checking. I am only concerned about NOT hitting the guy in front of me and of course my peripheral (left/right sides of traffic) People drive at stupid speeds and even more don't leave enough space (both of which are offences) that's not my problem NOR my fault, IF I have to hang on anchors to avoid hitting someone in front of me, you can be dang sure I will. And when :) I get my dashcam to prove the fact, good luck trying to charge me in that event. And as far as insurance determination goes, you hit someone from behind, it's your fault, you get plowed into someone from behind, it's your fault. so the happy moral of this story is, don't speed, if you do speed don't tailgate, the outcome won't be pleasant for you That's against the law and becomes your problem, not theirs.
Let me clarify,
IF I'm keeping to the speed limit, and keeping a relevant distance behind the driver in front of me and he brakes or another driver cuts in front of me "Forces" me to brake
then I AM GOING to brake, if your behind me good luck to you. I am not there to worry who is behind me and worry if there going to ram me, you hit me from behind that is totally your look out and your fault.
I am NOT, I repeat NOT talking about brake checking.
I am only concerned about NOT hitting the guy in front of me and of course my peripheral (left/right sides of traffic)
People drive at stupid speeds and even more don't leave enough space (both of which are offences) that's not my problem
NOR my fault, IF I have to hang on anchors to avoid hitting someone in front of me, you can be dang sure I will.
And when I get my dashcam to prove the fact, good luck trying to charge me in that event.
And as far as insurance determination goes, you hit someone from behind, it's your fault, you get plowed into someone from behind, it's your fault.
so the happy moral of this story is, don't speed, if you do speed don't tailgate, the outcome won't be pleasant for you
bend wrote:
bobajob wrote:
To be honest, if someone is on your bumper, brake, it's there fault there problem.
That's against the law and becomes your problem, not theirs.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
It sounds to me like the OP is talking about a defense of necessity? Good luck with that. With regard to accelerating from 40 to 57 maybe the tracking history (if the re is any will corroborate the story, but he'd still be relying on defense of necessity.
It sounds to me like the OP is talking about a defense of necessity? Good luck with that. With regard to accelerating from 40 to 57 maybe the tracking history (if the re is any will corroborate the story, but he'd still be relying on defense of necessity.
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…