What's best defence in fighting speeding ticket in court?

Posted:
in General Discussion edited January 2014
I have a court date coming up where I was clocked at 63km in a 30km zone.



I swear I couldn't be doing that fast especially since there are rumble strips and it's a hard curve on the road.



Can I raise reasonable doubt given that the radar gun could not have accurately measure speed through a curve?

I don't mind the $150 fine so much as the 3 demerit points.

Any suggestions?
«1

Comments

  • Reply 1 of 25
    ariari Posts: 126member
    Is this the first hearing before a magistrate or second, court hearing?
  • Reply 2 of 25
    pfflampfflam Posts: 5,053member
    best defense is show up to court . . . in the States, the police officer has to be there, if he isn't then it will be thrown out . . . . of course its never worked for me.
  • Reply 3 of 25
    "I was very drunk."
  • Reply 4 of 25
    powerdocpowerdoc Posts: 8,123member
    If the justice in Canada work the same way in France, i will not try to make this type of defense. You have to prove seriously that the radar has failed. One serious proof will be : my 2 CV has been controled at 200 KM/h or she cannot excess the speed of 120 KM/h. This kind of defense always annoy the judge, and make the contrary result.

    The better defense is to play the idiot : i don't understand your honor, i have not the feelings to go at these speed, especially with these rumbed strips and the curve.

    In an another way check if it's legal to make a control in a hard curve : it's your only chance. Ask some association of car's driver.
  • Reply 5 of 25
    scottscott Posts: 7,431member
    I would guess that a radar gun would get your maximum speed or less. So the "doesn't work in a curve" would suggest you were going faster than 63.
  • Reply 6 of 25
    curiousuburbcuriousuburb Posts: 3,325member
    there are precedents for challenging certain radar tickets



    you could quiz the officer on the radar equipment and it's calibration

    ... when was it last tuned, service history of that radar, what were the baseline readings in that location, any offscale measurements (trees doing 40?)...



    specific to that curve, the speed on a curve isn't the same as straight, you can test the math of the officer (but do it first yourself to see if it helps or hurts your case)



    as well, intervening traffic might have confused the gun where you could claim they were actually tracking the other guy, or doppler tracking two objects and tagging you with the combined net







    arguing that it couldn't have been you because your car has "stealth paint" that the guy you bought it from claims makes you 'invisible to radar' is known as the "magic beans" defence and should be used for comedy value only.



    was this photo radar?
  • Reply 7 of 25
    curiousuburbcuriousuburb Posts: 3,325member
    loved this from another Defiant comedy thread



    Quote:

    idiot #4

    A motorist was unknowingly caught in an automated speed trap that measured his speed using radar and photographed his car. He later received in the mail a ticket for $40 and a photo of his car. Instead of payment, he sent the police department a photograph of $40. Several days later, he received a letter from the police that contained another picture of handcuffs.





  • Reply 8 of 25
    paulpaul Posts: 5,278member
    Quote:

    Originally posted by pfflam

    best defense is show up to court . . . in the States, the police officer has to be there, if he isn't then it will be thrown out . . . . of course its never worked for me.



    worked for me... twice! once for a speeding ticket and once for an underage drinking summons
  • Reply 9 of 25
    trumptmantrumptman Posts: 16,464member
    The last time I went to traffic court, the officers were so tired of the equipment attacking defense that they mentioned the full maintenance and schedule for the gun.



    Nick
  • Reply 10 of 25
    cosmonutcosmonut Posts: 4,872member
    You were speeding. Pay the damn fine.
  • Reply 11 of 25
    splinemodelsplinemodel Posts: 7,311member
    what kind of car do you have?

    what kind of tires do you have?

    what was the radius of the curve?

    how much do you weigh, and was the tank full?



    You may be able to prove that your car could not be able to physically go 63k around that turn, checking against the spec skidpad numbers.
  • Reply 12 of 25
    trick falltrick fall Posts: 1,271member
    I was once able to plea bargain a no right on red ticket to a parking ticket. Still had to pay, but didn't get any points on my liscence and all I really did was show up to court.
  • Reply 13 of 25
    satchmosatchmo Posts: 2,699member
    Quote:

    Originally posted by CosmoNut

    You were speeding. Pay the damn fine.



    I wouldn't mind so much paying a fine when I feel it's just. If there were lives at stake or a school zone, I'd pay.

    Sure I was going a bit faster than the posted limit. But this took place in an empty industrial part of town with no pedestrian traffic. The cop just had nothing better to do on a sunny day.
  • Reply 14 of 25
    mrmistermrmister Posts: 1,095member
    "I wouldn't mind so much paying a fine when I feel it's just. If there were lives at stake or a school zone, I'd pay.

    Sure I was going a bit faster than the posted limit. But this took place in an empty industrial part of town with no pedestrian traffic. The cop just had nothing better to do on a sunny day."



    Then pay the fine, or go to court and give this impassioned excuse.



    THAT I would like to see.
  • Reply 15 of 25
    satchmosatchmo Posts: 2,699member
    Quote:

    Originally posted by mrmister

    Then pay the fine, or go to court and give this impassioned excuse.



    THAT I would like to see.




    What's your point? It's not a moral or righteous issue.

    As originally stated is, I admit I went over the limit but not by that much. I'm asking how to question the accuracy of the radar gun.
  • Reply 16 of 25
    So how fast do you 'think' you were going?
  • Reply 17 of 25
    midwintermidwinter Posts: 10,060member
    Quote:

    Originally posted by CosmoNut

    You were speeding. Pay the damn fine.



    No kidding.



    Cheers

    Scott
  • Reply 18 of 25
    midwintermidwinter Posts: 10,060member
    Quote:

    "I wouldn't mind so much paying a fine when I feel it's just.



    I hate to break it to you, but you don't get to make that decision.



    Quote:

    If there were lives at stake or a school zone, I'd pay.



    What about if there were only people you don't like in the area? Again, you don't get to make this determination.



    Quote:

    Sure I was going a bit faster than the posted limit.



    Then you admit you were speeding. Pay the fine. And when you get tired of paying the fines, you'll either stop speeding or stop driving.



    Quote:

    But this took place in an empty industrial part of town with no pedestrian traffic.



    So you're aware of every possible contingency? Of every possible pedestrian who might have been making his/her way through the area?



    Pay the fine.



    Quote:

    The cop just had nothing better to do on a sunny day."



    You do not know that, and it's a naive notion of what policemen are all about. Yes, there are cops who are assholes. But by your own admission, you were speeding.



    Pay the friggin' fine.



    Cheers

    Scott
  • Reply 19 of 25
    cosmonutcosmonut Posts: 4,872member
    Three bits of advice:



    Don't speed around curves.

    Don't speed over the crest of a hill.

    Don't speed past any large object that cops can hide behind.



    If you manage to do that, you won't get caught.
  • Reply 20 of 25
    sdw2001sdw2001 Posts: 17,443member
    Pay it and like it.



    BTW, I have heard it is NOT an automatic win if the cop doesn't show up.



    If you are humble you will do better. Treat the judge with the UTMOST respect. He MIGHT reduce the fine or elminate the points. Perhaps say that the speeding was unintentional and that you have an otherwise outstanding record (not sure that's true...but only you know that). Perhaps some asllusion to how the points are going to kill you on your insurance.



    Then, there is always shameless groveling.
Sign In or Register to comment.