I was pulled over for 114 km in an 80. It was early morning, and when the officer began to follow me, my speed was 95. She tailgated me (I did not realize it was a police car), and as a result, I increased my speed to avoid being tailgated. I did so because it was deer season, and if I needed to stop rapidly, she would likely have hit me. Had she pulled me over immediately, my ticket would have been significantly lower.
2007-10-28 13:09:24 · 16 answers · asked by magnus 1 in Politics & Government ➔ Law Enforcement & Police
No defense, it's just an excuse. You should have just lowered your speed, and let the other vehicle pass you.
2007-10-28 13:59:31 · answer #1 · answered by CGIV76 7 · 2⤊ 0⤋
Section 128. (1) No person shall drive a motor vehicle at a rate of speed greater than posted or prescribed speed.
Speeding is an absolute liability - there is no excuse.
"I'm late for work"
"My mother just called and she sounded distressed"
"I'm late to pick up my 5 year from school"
"My speedometer doesn't work"
"I was passing slower moving vehicles"
"I didn't see the sign"
By testifying that you were speeding but not that fast you will be found guilty. The requirement of the officer is just to prove you were speeding, and then you are guilty. The points and fine will be assessed according testimony from the officer as to how fast you were speeding.
The second you say you were speeding, no matter what the reason, you will be found guilty. The conduct of other drivers (police or otherwise) can't be used as a reason to find you not guilty of speeding. The Justice of the peace may reduce the resulting fine if you have a good reason, but that's it.
You can't stop rapidly if you drive too quickly, so your excuse will not hold water in court.
The Justice of the Peace will tell you that if you have a problem with the driving habits of the officer (tailgaiting) then you need to make a complaint with the police department and will not let you bring it up in court.
2007-10-28 13:21:38 · answer #2 · answered by joeanonymous 6 · 3⤊ 1⤋
If I were a judge, I wouldn't buy your excuse. You had a choice to either yield to the faster moving vehicle from behind you, or speed up. You chose to speed up - way over the speed limit. YOU made a concious choice and you are admitting it.
You might still want to mention, the police officer was putting you in danger by following too closely. But, I think, rest of the story needs some work. If I were you though, I would just pay the fine and be over with it.
2007-10-28 13:22:48 · answer #3 · answered by tkquestion 7 · 2⤊ 0⤋
They WILL have the dash cam, if you honestly think you were only doing 63 and the cop just made up a speed then by all means, fight it. I sincerely doubt it, cops do not make up speeds but if you really think it's false, fight it. I'm guessing you were doing the speed and will lose and will have court costs on top of your ticket. Let us know how it went.
2016-05-25 23:05:00 · answer #4 · answered by ? 3 · 0⤊ 0⤋
My advice: Just take the ticket. I don't think the judge will fall for that at all. My brother has gotten lots of tickets but can count the few he has paid for. What did he do?? Well, he asked the judge if he could go to a driving class instead of having to pay for the ticket. I know what you're thinking. Classes? Guess what taking classes does for you? It keeps your driving record clean. They throw out the ticket. It's up to you. Just try not to speed again. I am learning that leaving earlier is a lot better than being pulled over for a ticket. Hope everything works out for you!
2007-10-28 13:21:25 · answer #5 · answered by Jackie 4 · 0⤊ 1⤋
That defense worked once before in Ontario, only they sere going too slow.
Don't settle for a reduced plea, it still counts against you
The correct thing to do was to pull over and stop, not speed up
I always say I have absolutely no good reason to speed, It just seemed safe, and I would have gone slower if I knew there was a cop watching (Shows you respect their power)
2007-10-28 13:18:15 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I had to stop laughing before I could respond.
I do not think much of your defense.
I am anxious to learn what a hearing officer thinks of it if you should decide to actually make this claim in a court of law. I also wonder what the spectator reaction would be.
2007-10-28 13:25:42 · answer #7 · answered by XPig 3 · 1⤊ 0⤋
From my experience: it is just better to pay the tickets. Going to court is frankly a waste of time. The judges never listen to you because "omg. the policemen are always right"
2007-10-28 13:22:18 · answer #8 · answered by Sam 6 · 1⤊ 0⤋
have fun explain that to the judge and paying the fine
most people who get tailgate usually slow down -so the person
tailgater would pass you up!
2007-10-28 13:17:57 · answer #9 · answered by mobilemark 7 · 1⤊ 0⤋
I am with TK on this - I am wiping tears from my eyes and which I could be there to see you say this in court!
What would you say if you heard someone say that on a situation comedy tv show - it's ridiculous right?
that is how it sounds to us and how it will sound to the judge, who might come down harder on you just for wasting his time with that story.
2007-10-28 13:50:52 · answer #10 · answered by Barry C 7 · 0⤊ 0⤋