I was recently pulled over and charged with speeding 60km/hr in a 50km/hr zone (10 km/hr over) in Durham region. I was driving in the left lane (center lane) of a four lane (2 in each direction) road and was coming over the crest of a hill with another vehicle to my right when the officer walked out into the middle of the road several hundred meters ahead of me near the bottom of the hill and pulled me over. I have been told that according to the hiway traffic act, it is legal to be travelling up to 10km per hour over the speed limit in order to pass another vehicle. Is this true, and would I have a case to fight this charege based on the fact that I was overtaking another vehicle when I was stopped????
I have been told that according to the hiway traffic act, it is legal to be travelling up to 10km per hour over the speed limit
in order to pass another vehicle.
You can be charged with 1 KMH over the limit but that would tie up the court system something awful. You could fight the ticket anyways, just for learning the ropes, not like you are risking much......
Speeding is absolute liability. You did it, you're guilty, no matter what the circumstances are (even though there are some defenses that you can pull if the amount is really low (like 1-3km/h) or if there was a real necessity (medical emergency). With that being said, you can always book the court date and explore any errors with the Crown's case.
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