Is The Speed Limit An Integral Part Of The Offence?
Asking for a friend...
When a police officer writes a speeding ticket, is the limit an integral part of the charge? In other words, is the charge simply driving "x" km/h or is it "x" km/h in a "y" km/h zone?
A friend was driving on a road whose limit changes several times. He was, by his account, driving 82 in an 80 zone. An officer pulled him over and gave him a ticket for driving 82 in a 60 zone. The limit had changed from 60 to 80 nearly two kilometres earlier. It would appear the officer incorrectly identified the limit. So here's the question. Does the officer have to prove the limit was 60 for my friend to be convicted of driving 82 in a 60 or does he simply have to prove my friend was driving 82 so he can be convicted of driving 82 in what's really an 80? Yes, 82 in an 80 is technically speeding, but there isn't an officer in this province who'd pull a driver over for that.