“Distracted By Sudden Snow Conditions! Any Hope For Me?”

Speeding Ticket: Jan. 8, 13 in Nova Scotia

Trial: July 23, 13 - I appeared, Police Officer was on vacation.

Trial: Nov. 9, 13 - I appeared, there were 6 people their for trial. No trials done.

Trial: Dec. 30, 13 - Yet to take place.

On Jan. 8, 13 I was drove into my first snow of the year. Localized to the area of the ticket, high gusts of wind and snow covered my side of the road. I made a conscious decision to have my eyes only on the road. Since it was the first snow, it was a little terrifying.

When I got the speeding ticket I told the officer that I had been driving through snow I could not look at my speedometer. I just want to get through it as safely as I knew how.

1. Could the right to speedy trial be used and how?

2. Would a letter from the business I was at testifying to the high winds and drifting be accepted by the court of weather evidence?

3. Can I use the weather as evidence that I had no intent to speed, if in fact I was?

4. Would the weather prove that I had no intent to speed if I was?

5. The fact that I had to watch the road and not able to look at my instrument panel because of severe weather and road conditions. I justify it to myself by the fact that I did not loose control of my vehicle. If I had of looked at my instruments, I could have lost control and smashed into the police officer.

Thank You for any Help or Hope! Kevin

In Ontario, speeding is what's known as an absolute liability offence. If it's the same in Nova Scotia, your explanation would not work. Regardless, I personally think most Courts would fault your logic that ignoring road signs was the prudent course of action in poor weather. Also problematic is the fact that you're arguing you were trying to be cautious but in fact exceeding the speed limit in what you describe as treacherous conditions. One would expect that if the weather was so poor you'd be driving well below the speed limit.

I think the 11B route is your best option, assuming Nova Scotia's idea of a speedy trial is the same as in Ontario.

As already stated, speeding is an absolute liability. What that means is you are either speeding or you aren't. They aren't interested in hearing excuses to why you were speeding.

Even if they could take into consideration your current defense, in my opinion, it's absolutely terrible.

- The conditions were so bad that you actually ended up going over the speed limit.

- If the conditions are that bad, you are under no obligation to continue driving. You are free to pull over at any opportunity. If you are so concerned that you believe looking at your instrument panel will cause you to smash into another vehicle, perhaps you should either leave your car behind, or pull over and wait until the weather is more to your level of comfort.

- If you looking at your speed will cause an accident, how do you plan on checking your mirrors?

The one thing you got going for you is you're on your way to court for the third time in a year. Put your energy into that and forget about the excuses.

Thank you! I did file the 11B motion, it was not mentioned in court. The crown just choose to withdraw the ticket. I always thought motions were read in court. I'm thinking they don't want others to know they have options. Thanks again for your words of wisdom! Kevin