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Speeding - 62kph In A 40kph Zone

Posted: Tue Sep 30, 2014 4:13 pm
by jrpangan

I was stopped by a cop saying I was going 22kph over the speed limit, when there we 2 cars ahead of me in a 1-2 car distance. First thing he asked, why I was going 62kph when the 2 cars in front of me were going 40kph - which I don't even think is possible. I asked for a disclosure hoping I would get a record/transcript of the radar, but I didn't.


1. Can I ask for a radar record/transcript, if it is available?

2. If it does, how can I prove that it was not me? Mind you, there were 3 of us.


Thanks!


Re: Speeding - 62kph In A 40kph Zone

Posted: Thu Oct 02, 2014 11:51 am
by jrpangan

Any input is highly appreciated. Thanks!


Re: Speeding - 62kph In A 40kph Zone

Posted: Fri Oct 03, 2014 1:40 am
by iFly55

What did you receive in the disclosure package?


Re: Speeding - 62kph In A 40kph Zone

Posted: Fri Oct 03, 2014 7:46 am
by daggx

Unfortunately most speed measuring devises don't generate a written or visual record so the only thing you will get is what the officer wrote down by hand in his notes.


Re: Speeding - 62kph In A 40kph Zone

Posted: Fri Oct 03, 2014 10:31 am
by jrpangan

iFly55 - here's what it say

GREY MAZDA 5 SB

62 STA REAR SAME -- not sure what this means

M DR DL F PASS


SC 4284 -- again, not sure what this means

BEEIII # BEN 801000146 -- the radar

STAINES RD IS POSTED 40 KM/H ZONE

SIGNS POSTED IN BOTH DIRECTION

APPROX 150-200 APART


And they also gave me an Operation Manual for the radar.


Re: Speeding - 62kph In A 40kph Zone

Posted: Fri Oct 03, 2014 10:38 am
by jrpangan

daggx - so basically the only proof of my offense is whatever is written on his notes? so how can i prove that there were 3 of us and he even told me that the 2 cars ahead of me were going 40 and i'm going 62 - which technically, is quite impossible.


to be honest, when he turned his siren on, i didn't know who he was trying to stop because i was just following the cars in front of me.


Re: Speeding - 62kph In A 40kph Zone

Posted: Sun Oct 05, 2014 6:15 pm
by daggx

That is going to be a tough one to prove. You and your passenger can both take the stand and testify to that effect and see if you can offer more convincing testimony then the officer. Also when you cross examine the officer you can see if you can get him to admit that there were other cars there that he might have picked up instead of you. Between those two things there is a chance you might be able to raise reasonable doubt. You can also double check with the prosecutor's office and see if the cruiser that stopped you had a dash cam running that might have picked something up, although if it did you would have probably gotten that as part of you disclosure package. Anyway that is all I can think of to try, some others might have different suggestions.


Re: Speeding - 62kph In A 40kph Zone

Posted: Tue Oct 07, 2014 4:39 pm
by jrpangan

daggx - thanks for the advise. yes, my daughter still remembers that the officer did say that "the 2 cars ahead of me were going 40 and i was going 62". we were actually both puzzled at the officer's comment.