UNDERSTANDING YOUR CHARGE
In order to convict you, the prosecution will have to prove, under section 128 of the Highway Traffic Act:
- The date and location of the offence
- The posted speed limit
- The identification of the driver (that you were indeed the driver)
- The speed at which the vehicle was moving
Emergency: If you were in an emergency situation, where you had to speed, you may have a defense.
Involuntariness: If you sped on account of something you didn't have control over (ex. muscle spasm) you may have a defence.
WHAT TO ASK FOR IN YOUR DISCLOSURE REQUEST
- Request the type & model of equipment the police officer used to capture your speed.
- Details on how the device or equipment is meant to be used.
- The police officer's notes on the incident.
REVIEWING YOUR DISCLOSURE
- Most police officers tend to stick to their notes when testifying. By reviewing your disclosure you can anticipate what the officer is likely to say. You can also start developing your own theory of what happened. Study these notes carefully and frame the day you were pulled over into a story.
Review your disclosure and also think about the following:
- If the elements of the offence mentioned above can be proven;
- Check to see what method the police officer used to clock your speed;
- If the police officer used a device, check to ensure that they tested it properly, both before and after they clocked you;
- Are there any details about the encounter that you remember, that the police officer did not write down?;
- Is there anything that the police officer wrote down, but you do not remember?;
- Is there anything missing or unclear, that could be clarified with additional disclosure?;
- The location of where the police officer alleges he observed you speeding;
- The lane the police officer said you were in;
- If there is a mention of road and weather conditions (i.e. clear or rainy or sunny/dry or wet roads);
- If there is a mention of traffic conditions (i.e. busy or heavy traffic, light traffic);
- Were there any similar nearby vehicles?;
- Where was the police officer located when they saw you (i.e. what side of the road?);
- Is there an admission from you written in the police officer's notes that you were speeding? (i.e. the police officer wrote down that you told him/her you were driving past the speed limit);
- What is the level of detail in the disclosure (the more detail, the more convincing the police officer will likely sound at trial);
- Think about the day you were pulled over. Are there any important details that you think the police officer missed in his/her notes?
THIS IS WHAT HAPPENS IF YOU LOSE
The following is an outline of the punishments for speeding:
15 over — $3.00 for every km over (Max $57)
20 over — $4.50 for every km over (Max $130.5)
30 over — $7.00 for every km over (Max $343)
50 over— $9.75 for every km over (Consider seeing a lawyer)