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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Radar-Based Speeding Tickets in Canada

    hey all, im from canada and it seems most of you are in the us so not sure if anyone can help, but advise would be appreciated. before i begin i will state that in nove scotia there are 3 different types of speeding tickets. 1-15km/h, 16-30km/h and 31+km/h

    so lastnight i got pulled over for speeding on my bike. the limit is 50km/h within the city. so he tells me that he clocked me at 78 (28 over the limit) i say nothing, askes for licence and all that and goes to his car. when he comes back he say heres your ticket but im going to do you a favor and only give you a ticket for 1-15 above. i said something about it not being a favor (me pissed about it all lol) and the fine isnt the issue its the points. i would rather a $500 littering fine the the speeding ticket. any ways he say again its a favor because he got me at 76 in a 50. i ask to see a print or read out of the radar/laser. he says dont have anyhitng like that, "just my word" as he put it. i take the ticket as i know there is nothing i can say to turn it around at this point. i realize later the he didnt put in a "rate of speed" on my ticket.

    so my question is do i stand a chance at winning this in court or having it thrown out? there are a few things with this situation on my side but i dont know. i dont think he actually got a radar reading but knew i was speeding by the sound of my bike, which is loud!! dont they have to have a print out of your speed or is it just his word? if they must provide one he refused to show it to me. he didnt fill in the "rate of speed". he said i was doing two different speeds 76 and 78 (this is what makes me think he didnt actually get a speed reading). by doing his "favor" isnt he actually lying about what actually took place? also he did not fill out a single bit of info for my motorcycle. not the make/model/year/vehicle number/licence plate nothing!

    sorry to make this a read just want to let you know the situation. so any chance?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: canadian speeder here need advise

    You can contest the ticket and complain to the court that the officer reduced the speed from 78 to 75, and the court will be happy to convict you of the greater speeding offense.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Radar-Based Speeding Tickets in Canada

    well part of my question is will they throw it out because there is so much info missing (actual speed)

    also if i say i was doing more then he gave me a ticket for, they can change the charge in court, on the spot, to reflect the speed i was actually going? doesnt he have to do that when he issues the ticket?

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Radar-Based Speeding Tickets in Canada

    There is a difference between the charge (speeding) and the specification (65 in a 50 zone). If you tell the judge, "But, Your Honor, I wasn't doing 65. I was doing 78", don't you think that's enough evidence to convict you of the charge of speeding? OK, so now you've been found guilty of the charge, we move to the sentencing phase. Since 1 - 15 over carries one penalty and 16 - 30 carries another, AND YOU JUST ADMITTED TO GOING 28 OVER, what penalty do you think the judge will assess?

  5. #5
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    174

    Default Re: Radar-Based Speeding Tickets in Canada

    You haven't (and wont') admit to speeding. Check not-guilty on the citation (check "officer req'd" box. Fill out Disclosure form (http://www3.sympatico.ca/sean.kathy/disclosure.pdf) <May need to cut/paste address> Make copies of both for your records and take originals to court house listed on ticket.

    Wait for your court date and Officers Notes (from disclosure request) to arrive by mail. After reading what will ultimately be the officers testimony, you will have a better idea of how you wish to proceed. This proceedure should be followed with ANY ticket.

    If it appears the Crown will have a good case (solid notes from officer), you can always talk to him and negotiate a plea to a lesser charge (perhaps Improper Muffler). The Crown will likely seek you out just before trial to negotiate (as he, too, would prefer to avoid a trial), or you can call him by phone or pay him a visit before your court date.

    That's the general court proceedure. For Radar defense info, search the net.

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