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81km/h In A 50km/h

Posted: Tue Dec 24, 2013 1:43 am
by Eagles9

Ill try to make this as clear and easy to read as possible:


- I was ticketed by an officer who had stopped on a median in rush hour traffic

- He was walking around the squad car in order to radar drivers from both directions at the same time.

- When I turned the corner it looked as if there was a stalled car and the was owner trying to survey it for possible damages.

- I sped up to switch to the farthest lane to avoid this possible accident and was pulled over.


I arranged a first attendance meeting but due to high volume I had the meeting over the phone. I was told that they would bring it down to 2 demerit points (saving me around $170) and change the speeding to a 'disobey sign' charge. After calling my insurance I found out that any conviction will increase my insurance 20% (roughly 1800 over 3 years).


Is there anyway to fight this in court citing his placement as cause for my actions, or should I just take the deal and save the $170.

Any help is appreciated!


Re: 81km/h In A 50km/h

Posted: Tue Dec 24, 2013 9:42 am
by Stanton

Trying to avoid a stalled car wouldnt be a valid defence for speeding. It doesnt mean you cant fight the ticket, but youd need to review disclosure and see if theres another possible defence.


Re: 81km/h In A 50km/h

Posted: Tue Dec 24, 2013 10:21 am
by Eagles9

The officer's notes were just the radar readings from what I've been told.


I know the stalled car it isn't a valid defense, but I assumed that it was necessary to avoid harm (there was even a story a few weeks later of a student on the highway who got out to check his car after it stalled and ended up being struck and killed) so I feel like i did what should have been done. The person I spoke with on the phone made it seem like I have no chance and should just take the deal and be over with it, so I wanted to check if he was right or just trying to avoid the extra work of going to court.