Speeding Ticket Advice

[mr2mike]

If it was too fast for the conditions, wouldn't it be a "driving without due care and attention"? Or stunting? Or something else, not a speeding ticket?

[Unknown303]

Originally posted by lilmira


So true @ Crowchild/24ave, if you ain't first, you are last lol.

[phil98z24]

Originally posted by Feruk

But how can someone defend against a charge like this? It's not just the cop's word against yours, but the cop doesn't seem to have to even be specific.

"I thought he was driving a little too fast for my liking" = conviction?

Yes we do have to be specific. It's an articulable opinion based on reasonable grounds. If you read the TSA it says what those are. The crown has to prove another reasonable person facing those conditions and seeing the driving would believe it to be unreasonable.

Originally posted by mr2mike
If it was too fast for the conditions, wouldn't it be a "driving without due care and attention"? Or stunting? Or something else, not a speeding ticket?

Ugh. It's not a speeding ticket! It's a ticket for driving at a speed that doesn't match the road conditions! It can be faster, slower, same speed as the limit - it's about the driving matching weather, road conditions,traffic, road design, etc.

[btimbit]

Originally posted by mr2mike
If it was too fast for the conditions, wouldn't it be a "driving without due care and attention"? Or stunting? Or something else, not a speeding ticket?

OP even says the ticket was for unreasonable speed, just confused it for a speeding ticket I guess

[GTS4tw]

Originally posted by phil98z24


All our cars will soon have them, and yes that will go a long way with these and many other charges.



Wow, what did I say in the first sentence of my reply? IT'S NOT A SPEEDING TICKET. I then went on to explain why it's different and what it means to receive the ticket he received and why they may have given it to him, and said nothing about whether it was deserved or not. It was an educated opinion on the facts. I also said it is about totality of circumstances in that given case, and your scenario is nothing but a lame attempt to crap on me.

And you're damn right you are misinterpreting it, I didn't say ANYTHING remotely close to condoning handing out a ticket because someone "deserved" it. I reviewed the circumstances as I saw them, felt it wasn't entirely "insane" as the OP put it, and said their view was that it was inappropriate.

Did I say it was right, or agree with it? No, I didn't. Nor did I say this charge is to just punish people because we feel like giving them a ticket for something. I can't possibly see how you came to that conclusion from anything I said.

I was wrong, apparently reading owns me. I thought the OP said it was a speeding ticket....

[stillworking]

I recently got a speeding ticket and plan on fighting as I don't want the demerits.

He got me with a laser, so I am going to do my best to find out his schedule, and keep changing the court date and prolonging until court falls on his day off...
Unless he works Mon-Fri, and in that case I will have to come up with something else.

[englishbob]

Originally posted by stillworking
I recently got a speeding ticket and plan on fighting as I don't want the demerits.

He got me with a laser, so I am going to do my best to find out his schedule, and keep changing the court date and prolonging until court falls on his day off...
Unless he works Mon-Fri, and in that case I will have to come up with something else.

If I was the Cop I'd go to court on my day off just to annoy the crap out of you for wasting so much time fucking about.

[Isaiah]

Originally posted by max_boost
That's interesting actually. Do police cars have dash cams yet? All of them?

Originally posted by phil98z24
All our cars will soon have them, and yes that will go a long way with these and many other charges.

Regardless of what is happening "soon," not all squad cars are currently equipped. The ones that are have a very large black "N" on top of the trunk.

[max_boost]

Originally posted by stillworking
I recently got a speeding ticket and plan on fighting as I don't want the demerits.

He got me with a laser, so I am going to do my best to find out his schedule, and keep changing the court date and prolonging until court falls on his day off...
Unless he works Mon-Fri, and in that case I will have to come up with something else.

lool if you got nailed with laser then that's just guilty as charged man. might as well strike a deal and pay your debt haha

[revelations]

Originally posted by stillworking
I recently got a speeding ticket and plan on fighting as I don't want the demerits.

He got me with a laser, so I am going to do my best to find out his schedule, and keep changing the court date and prolonging until court falls on his day off...
Unless he works Mon-Fri, and in that case I will have to come up with something else.

Yea good luck with that. CPS Traffic guys love sitting in court getting paid - OT sometimes on their days off. Chances are good they wont miss.

This isnt the RCMP.

[95EagleAWD]

Originally posted by stillworking
I recently got a speeding ticket and plan on fighting as I don't want the demerits.

He got me with a laser, so I am going to do my best to find out his schedule, and keep changing the court date and prolonging until court falls on his day off...
Unless he works Mon-Fri, and in that case I will have to come up with something else.

How would you find out his schedule? And why do you care? They get paid to go to court, regardless.

[mr2mike]

I'm actually more nervous around RCMP vehicles most if not all of them can speed check you as you approach them.
I hate playing the "roof rack or lights" game on the highway for that reason.

[GTS Jeff]

Easy charge to contest IMO. The officer has to prove you were driving at an unreasonable speed. So, what was unreasonable? Did you spin out? Did you crash? Did you almost crash? Were you anywhere near losing control? How does the officer know the limits of your car? Did they make notes about whether you had winter tires, the tread remaining, and what about the safety features of your car? AWD, DSC, etc. all make a huge difference.

I can say that 30 over the speed limit in an STI with winter tires is far more reasonably safe than 10 under in an M3 for example.

Ask how he estimated you at 90...reply that you estimated your car's speed...using the speedometer!!!!

Fight that bullshit if you have the time.

[95EagleAWD]

Originally posted by GTS Jeff

I can say that 30 over the speed limit in an STI with winter tires is far more reasonably safe than 10 under in an M3 for example.

Considering what I'm driving this winter, I would throw doubt on that statement.

Maybe the officer had already been to three or four injury accidents that morning, and had some experience with the weather to presume that the OPs actions were unsafe?

Nice to see you back, by the way!!

[colt22]

Thanks for the help with this beyond.

[HHURICANE1]

Originally posted by colt22
- its possible I was going 5-10km/h above the speed limit for a brief time, but not it was not sustained. When I saw the lights in my rear view I was doing 60. I had no notification from the 'equipment' in my car so the speed, as stated on the ticket, was 100% estimated.

Speeding is speeding no matter how long you perceive it to be.

- I have Dsc, ASC, brand new winter tires with 100% tread. Weighted rear trunk and my car was scraped clean of any snpow/ice blocking the lights and windshields.

Makes no difference. The cop doesn't know or care if you have any of that stuff. Unsafe speed is judgment call on his part, not yours. I doubt the court will take your opinion over his.

[colt22]

^ except the estimated speed was erroneously reported as 90km/h. Which was certainly not the case given the conditions and the fact that I had to to get off right away onto heritage.

[GTS Jeff]

Originally posted by 95EagleAWD


Considering what I'm driving this winter, I would throw doubt on that statement.

Maybe the officer had already been to three or four injury accidents that morning, and had some experience with the weather to presume that the OPs actions were unsafe?

Nice to see you back, by the way!!

that's exactly it, if the cop had seen a few accidents that morning, I would argue that makes him less objective because he's biased by what he's already seen.

So you like your m coupe in the winter eh? I had an e46m3 on blizzaks and it was terrible. A 135i detuned to stock and on x-ices and it would still take me an extra 3 minutes to park in my own garage. Hills? Stopping on an uphill? Forget about it! If I could skip out on buying some bullshit Subaru every winter, I would!

Hey man, if Jesus can resurrect, so can I. Fuck Jesus!

[roll_over]

Raiders fan

[16hypen3sp]

"I was clocked on an estimation of speed at 90km/h!!!!"

He's estimating your speed? Like not using any instruments like radar, or his own speedometer?

I have never, ever heard of an officer just estimate a speed before.

Go to court. Cross-examine him. Ask if he is estimating your speed (which apparently he is). Turn to judge and say "how is it possible that officer so-and-so knows my speed when he used no calibrated tools to clock me. it's a total guess."

I'm not a lawyer but I have fought many o' tickets before and usually they get withdrawn. Sometimes they don't. Depends on the judge.

You never know... They might call you up there and withdraw it before you even get to say anything.

Good luck!