andrewm73 wrote:I was just commenting
on his particular response to my question where he came
across as a disgruntled ex cop rather than a helpful moderator,
especially since in this particular matter he was way off.
No, he wasn't "way off." He said:
Simon Borys wrote:Visibility of the sign or awareness of the speed zone is essentially irrelevant as speeding is an absolute liability offence.
That is correct. Speeding is an absolute liability offence, and that's according to the Supreme Court of Canada. The Prosecutor only has to prove that your wife was exceeding the posted speed limit, and that is it. As for the sign, if you can prove that the sign is non-compliant with O.Reg 615, then that means that the speed limit she should've been following was the default of 50 km/h. Problem is, the officer says she was going 69. I suppose if she was just coming out of a 70 (or higher) zone, you might win. However, even if the "40 begins" sign was not correctly posted, if there were other signs before the place where the officer was stationed, it then depends on where the officer took the speed reading. You'd need disclosure of the officer's notes to find out, which you can get via a disclosure request (if you haven't already made one). You'd then have to visit the scene and take measurements and photos to back up your claim. Unless she was coming out of a 70 zone, I don't think this will work. Most speeding cases are won on technicalities (e.g. improper testing of the device, no tracking history, 11B, improper disclosure).
Worst-case scenario, if the officer shows up, your wife should be offered a plea-bargain to a lesser speed. I did see a person win a court case where a speed limit sign was improperly posted - but that was an improper construction zone sign which said "40," the original (and clearly posted) limit was 60 and he was going 57. The guy had a full factum put together: Photos, O. Reg 615, measurements and case law.
And yes, Simon Borys has joined the right forum. He has been quite helpful to a number of people who have come on here seeking advice, helping them beat their tickets, and also steering them away from a course of action that will lead nowhere (as he says). Attacking him is not going to help you win your case.