Is it possible for an officer to pull over someone doing 49km/h, in a 50km/h zone, and charge them with speeding 50km/h over the posted the speed limit?
Some officers are catching people going more than 50 over the limit and routinely knocking it down to 49 over or issuing some other charge. Others are going by the book, while a select few are looking for any and every opportunity to suspend licenses and impound cars.
There is no requirement to show the person anything. There is no requirement for a reading to be "locked" in either.fish_bate wrote:If you ask, at the time of the offence, does the officer have to provide the offender with proof that they were going 50km/h over the posted speed limit? (I think I know the answer to this already)
If the driver ask to see the speed they already do not believe the officer, so what will seeing a number on a display screen do? The driver will then state "that was not me"....so we are we back to square one, plus now a hazard has been created by having a civilian unnecessarily walking around on a highway and it is not safe.
So the person is travelling 1km UNDER the speed limit and you want a charge of 50km over the limit??Is it possible for an officer to pull over someone doing 49km/h, in a 50km/h zone, and charge them with speeding 50km/h over the posted the speed limit?
I have never know an officer to fabricate an offence. It is not worth losing credibility in court, it is not worth a complaint and it is against basic morals. I would rather give 9 warnings where I just don't have enough evidence to convict and issue the one solid charge.FiReSTaRT wrote:It's possible, but not highly likely. There are plenty of people who still do 50+ over the limit, so they don't really need to manufacture charges. With that being said, out of about 10 hta offences that I've been charged with over the years, one was a complete fabrication by the constable.
Plenty of 50 overs....not here on the 401....our platoon has only ONE for the month of March (7 officers x 12hrs x 12 shifts = 1008hrs of patrol time)
1) Going north on Yonge, doing the speed limit.
2) I enter the intersection (the light is green).
3) Halfway through the intersection, the light turns yellow [I didn't slow down because it was late at night, no traffic, I was going straight and I entered on green]
4) It was still yellow by the time I was through the intersection.
According to the constable who charged me, that constituted running a red. Fortunately for me, another constable, probably his trainee (young, in the passenger seat), wrote the ticket and he wasn't very good at it. Otherwise, it would have been my word against the constable's.
That would be like me trying to enforce:
Trap specially protected invertebrate under the Fish and Wildlife Conservation Act.
That's why I assumed he was training the constable who remained in the car and that the trainee was the one who wrote the ticket as a part of his training.
Out of about 10 tickets that I've received so far, I was in violation of the h.t.a. or a Toronto by-law in every case but this one. While 2 others were not absolutely necessary, I was technically breaking the law, so strictly speaking, the constables ticketed me "by the books."
Your right though especially in that essex-chatam area i really see it slow down. I rarely go there but usually west of london things tend to slow down.
I noticed in your lidar intercept pic you took it was 2 lanes with a grass median.
Do you guys use alot more lidar there? I would guess in the toronto area they use more radar (harder to use lidar on multilane highways with alot of traffic)