him

Hey Guys,

Back on New Year's Eve, I got a speeding ticket. I disputed it and now I have a court date. Any tips on how to win it? Or do I just have to pray the officer doesn't show up? Am I screwed if the officer DOES show up?

Thanks.

RX4life

well you can say guilty with an explanation and the judge could reduce your fine..but other than that you are scewwwed if shows up..unless you have some proof..etc.. and depending on your prior driving record..

him

other than another speeding ticket out in cache creek back in May 2005, my driving record is spotless....

the police already lowered the fine a little... it was supposed to be a ticket for $198 or something... but he lowered it to $139...

buddman

Depends on how they issued the speeding ticket.. check to see if the radar gun was calibrated.(was it acurate?). just a thought

him

can you really argue about the accuracy of the radar gun?

buddman

Big Debate.. Provincial Law, Canadian Law, how was the ticket issued. etc... Here are some articles

http://law.freeadvice.com/general_pr...ding_radar.htm

http://www.nolo.com/article.cfm/Obje...0/104/263/QNA/

buddman

http://experts.about.com/q/Canadian-...Radar-guns.htm

Here is one that is Canadian and mentions Alberta and BC

nez

pray he doesnt show up.

Just in case, if he does show up, be prepared to explain why you are guilty.
its usually hard to win when the cop is there, but its worth the try.

goodluck!

Bio

I'm facing a similar scenario... received a ticket (over 60k over limit) in a community safety zone. My record is spotless within the last three years and I never speed, especially in this case it was impossilbe I could have made it to that speed with no way to prove it otherwise so I would love to hear the Ontario rules regarding calibration.

I had a witness in the car where another white Mazda 6 was super agressive on my rear when I was driving normally. I changed lanes, this guy was up my behind and switched with me so when we came off a red and he squeeled right behind me I decided to pull ahead. About 100 feet after the light and just as I engaged third he dropped back after we got over a ridge. As I let off the gas and looked ahead there was a cop waving me to the side of the road

I was afraid the guy was going to run into me, but now that I look back I shoulda just let him hit me and not worried about it. I'm facing a 30 day suspension, a $1000 fine plus a possible doubling in my insurance premiums from a conviction with nothing to say past a witness that is not admissable since he was in the car with me...

I'm pleading not guilty since it's impossible I was going that speed, but I'm retaining a real lawyer (Not x-copper etc..) since I need my license for work and can't afford the insurance increase. The paralegal's I've spoken too only guarantee a reduction and mostly charge the equivalent of the fine you get which means they are only incented to reduce one level (50k over) as opposed to getting you off completely.

YT1300

Basically, 'getting off' depends on what evidence the Crown has that you were going that speed, and what evidence you can bring that the Crown's evidence may be faulty. Some people go with the approach on questioning the calibration of the radar gun, the officer's credentials on the calibration of the radar device, and the proof that they can bring that the gun was indeed calibrated. Moreover, the ticketing officer has to have a chain of evidence to prove that you were the one that was targeted by the radar gun - for example "a Mazda" doesn't cut it. When were you identified? Before or after the officer pulled you over? There are tons of angles to approach this by, and a legal-type can give you better advice.

You can always try to beg the Crown for a lesser charge or whatever before your case comes up, especially if the officer is there...

him

Oh man... Bio... I feel so sorry for you.... 60k over? wow... that's quite a bit...

I think I'm gonna go with the fact that right beside me, a Firebird was speeding beside me.... and that was possibly the one going over by that much... Anyways... yeah.. i'm hoping the cop doesn't show up.... And if he does show up... I hope they don't change my $139 back to $198.

him

OH! also... I don't think he used a radar gun on me... i think it was Laser... (he wrote "Laser" on the top of the ticket)... Do Laser guns have to be calibrated as well?

RX4life

lasers are just more accurate thats all ..lol

DARKMAZ8

I would get a friend of yours to go to court for you. If the officer is there then tell your friend to say that you're away on a family matter and reopen the case later. 9/10 times the officer won't show up for the reopening. If the officer isn't there then tell your friend to pretend it's you and they won't even know the difference.