| wanarace |
I know that things like, misspelled name or address, will not get a ticket thrown out of court. But what about the wrong speed limit on the ticket?
I just got a 136 in a 70 zone ticket, so 66 over the limit. The thing is, the speed limit on the road is 60 not 70. Is this reason enough to have a ticket thrown out?
Now for those who want to do a little reading, here is the whole story.
I was on my way out of Olds, Alberta, heading west down highway 22. At the end of town the road goes from 2 lanes down to one. I was following a truck on the way out of town, we were both doing the speed limit the entire way. Just before the edge of town he speeds up to 90. I followed suit. I see the sign saying my outside lane is ending up ahead. As I see the sign I see a RC pass me going the other way, the truck didn't slow down, or hit brakes. I thought he was doing 90 in a 100 zone. Pretty much at the same time the RC was gping by me in the opposite direction I sped up to pass the truck before my lane ended. In my mind it's safer to pass while you still have a lane then in to oncoming traffic. Anyways, I pass the truck. I figure top speed was about 135 just before the lane ended. I slowed back down to 105 after I passed the truck.
I look in the rear view mirror and i can see the RC coming up on me fast, no lights or sirens, he pulls in behind me, then hits the lights. I pull over. Officer comes up and says I was doing 136. No problem, I apologize, said I wanted to pass the truck that was doing 90 before my lane ended so I wouldn't have to pass him on a single lane highway.
The RC does his thing in his car and comes back to the car, gives me a pink ticket and says I have a court date. I was bewildered. I asked him, "wasn't I doing 136?" He says yes. "Shouldn't the ticket be for 36 over?" He says no, he says I was in a 70km/hr zone. I was like what the F@ck. No way. "Isn't this a 100 zone?" The RC says I was about 200m short of the 100km/hr zone when he tagged me. At the time I did not remember seeing any speed limit signs, but I was positive the limit was 100. The truck in front of me was doing 90, and never slowed down when the RC car passed. The other traffic behind us was also travelling about the same speed.
Whatever, I went back there on my way back to Etown. There is a 100km/hr sign about 300m before then end of the lane I was traveling in. I know the RC can accurately clock me from behind while traveling in the opposite direction, but there is no way he can tell where my car was in relation to the speed limit sign. My max speed was well after the 100km/hr sign, not 200m before.
Also when i went back, there is no 70km/hr zone. It goes from 60km/hr to 100km/hr.
I have no problem paying a 36 over the limit ticket. I was speeding, and I deserve the ticket. But a 66 over ticket (should be 76) is ridiculous.
I will most likely get a hold of the Pointts and see what they say
Thank you,
Steve |
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| AudiInProgress |
I was about to ream you a new asshole before I read the whole post...
If your story is 100% accurate, then I think you should fight it, but not on the grounds that he wrote the wrong speed limit on the ticket.
If he said the speed limit was 70, not 60, it might help prove that he's kind of a moron... But I don't think it will get the ticket thrown out.
And if you were just a few hundred meters away from a 100 sign, I think it's pretty retarded of him to try and give you a ticket in the lower speed limit area.
I would take lots of pictures, and explain your case to the judge, about how your lane was ending... And your thinking that it was safer to pass while you still had a little bit of a double lane left, as opposed to passing once there was oncoming traffic.
135km/h is a little excessive... But depending how long the truck was and just how little lane you had left... I personally don't see a problem with it.
Dress nice, speak well, and hope the judge is in a good mood.
-rob |
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| BLOCKER |
The crown can amend the ticket on the court date if what you say is true...
your best course of action because this is a manditory court appearance is to talk to points or any one of those organizations, even if they can get it reduced to 36 over or something like that, it is better then a licence suspension.
good luck |
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| JoshP2002 |
Holy smokes, anyone who is about to go on this guy without reading the whole post.. read the rest.
I agree with what Rob said, and a nicely drawn map would help too Id think. |
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| Beagles |
quote:
Originally posted by JoshP2002
Holy smokes, anyone who is about to go on this guy without reading the whole post.. read the rest.
I agree with what Rob said, and a nicely drawn map would help too Id think.
Yeah i was thinking the same thing at first to lol |
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| dtjohnst |
| I'd agree with everyone saying not to ream you out if you were looking to get a reduction to what you actually did, not get it tossed entirely. You admit to breaking the law and I think a reduction is feasible. Trying to get it tossed completely is a bit of a douchebag move. |
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| wanarace |
Thanks guys. That is why I included the entire story. Anyone doing 49 over the speed limit should have their license suspended.
All I can say is that I honestly believed that the speed limit was 100. Ignorance is no excuse for the law, but when the local RC does not know what the speed limit is there is a problem with signage. The truck in front of me was doing 90-95 and I thought that was the speed he would continue to do so I passed him when I thought it was safest.
If I can get the ticket thrown out on a stupid technicality awesome, but I really have no problem pleading to 49 over if I have to. I run my own trucking company so I can not afford to have a suspended license.
Unfortunately my past experiences in traffic court have been less then reassuring. In one case, despite a mountain of evidence, and the crowns two witnesses (from same car) having opposite accounts of the events, the judge chalked it up to "you're a young guy, it was a nice night, you were probably driving fast, guilty" That's a direct quote. Pictures, diagrams, witness testimony that defied the laws of space and time, still guilty because I am a young guy and it was a nice night. Oh and that was the incident that lead up to my 1966 Chevelle being written off.
Just this past winter I was giving a ticket for excessive speed, I was doing 50km/hr in a 60km/hr zone. The cop lied through his teeth, the details of his testimony were completely contradictory. (at one point he said I was doing 100km/hr, when asked how fast he was traveling he said he was pushing his car to the absolute max and could only go 40km/hr to catch me. When asked how I could possibly drive faster then a veteran officer with years of driving instruction he said he didn't know) Judge ruled that we both said conditions were icy so I must have been driving too fast, guilty.
It's not like I show up to court in a tank top and shorts. Full suit, very professional. I use to be a teacher so I am fairly well spoken and use to taking to crowds. So I don't know what gives. If this goes to court I will have a lawyer, I can't afford to chance this.
Thank you again,
Steve |
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| HEWSINATOR |
"you're a young guy, it was a nice night, you were probably driving fast, guilty"
If that is actually a quote, I would have appealed. There are cases where you can appeal because of the judges reasoning. Instances I have heard of are quoting the bible too. I do not know how to do it, and never have, but I know it is possible. |
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| wanarace |
| I did look in to appealing it, but from what I can gather, for traffic court it is next to impossible. |
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| Dan_Gyoba |
Well, put me into the crowd that would have ripped you a new one before reading on. :)
One way or another, 136km/h isn't going to win you any friends. You may want to talk with the prosecutor before court, explain your case, and agree to plead guilty to 136 in a 100. A clean driving record (Which I gather you don't have) would have been an asset. Oh well.
Definitely get legal counsel.
I can see how it happened, from what you say. Get lots of photos, go over them with your lawyer. Don't leave matters to the last minute, either. |
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| 4thGenLude |
| I talked to a well respected crown prosecutor in your regards the other day. In all likelihood, you will be found guilty. There's a ton of ways to prosecute you but I do wish you luck. Hope you can beat it! |
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| Ruiner |
| next time, merge behind the truck rather than speeding up to get infront of it.. probably would have saved you the entire hassle. |
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| little_one_der |
| I was just going to say the exact same thing. Why does everyone think the only way to change lanes is to accelerate ahead of the vehicle to your side? |
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| SilverNeonRacer |
heh same thing happened to my wife a few years back, without the semi, the cop pulled her over for doing 120-130 in a 60 zone, well she was like 50ft from the 100 sign. It was halarious actually... the RC walks up got down on his knees, looked under the truck(2000 Dakota 4x4) for a go 10-20seconds, got up and asked where the wings were. but unlike your case he wrote her up for the 100 zone.
but I would do as the other suggested try to plead guilty for the 136 in the 100zone. |
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