Okay in a nut shell. Today I was driving on a Quebec highway (I do live in Ontario). The posted speed limit was 100 KM/H I am admitting that I was driving over the limit as I was staying with the flow of traffic n the highway. There was a vehicle two car lengths ahead of me and another vehicle about the same distance behind. A "Surete Du Quebec" police car was comming in the opposite direction I remember looking down at my speedo and seeing it said 119 KM/H (keeping in mind I was staying wit hthe flow of traffic) he turned on his lights and pulled a u-turn and picked me from the lineup. Then wrote on my ticket that I was travelling at a speed of 126KM/H and nailed me with 2 demerits I know very well I was NOT over 120 KM/H. When he pulled me I said "Sorry officer I was staying with traffic" he walked back to his cruiser, then came back with the ticket marked at 126 KM/H and threw it in my face then walked back to his car. I am 28 years old and I own a Black 2011 Camaro. I have already contacted a legal service on this matter similar to "points" I have driven since I was 16 years old and NEVER had so much as a warning on my record. Do I have any shot at winning this?
Hello:There is no legal defence to argue that others were speeding and that you were just going with the flow of traffic. It may seem unfair that you are the one pulled over, but there is no legal defence to claim that others were also breaking the law and question why you were singled out for prosecution. You can try to dispute the speed above 120, but you will be against an officer that likely measured your speed with a device that will be seen by a court as more reliable than your glancing at your speedometer (which itself could be inaccurate), and also perhaps more credible. the officer has no real incentive to give inaccurate testimony, whereas a defendant of course may benefit if the court accepts their testimony. And you have admitted to the officer that you knew you were speeding, so it will not be much of a stretch to a court to assume you were going 7 km per hour faster than you say you were going. .
with over 15 years experience.
I'm not disputing the speeding... the cop was after all doing his job. I'm disputing the fact that he didnt even explain or clarify or even let me speak at all, and to walk up and throw the ticket in my face. I'm willing to pay the fine but im not willing to accept two points on my licence. Especially after driving 12 years and never receiving anything on my driving record... its a bit frutrating to have something thrown in your face by someone who is supposed to act in a professional manner.
Relist: Incomplete answer.