amiro

OK, so after a bunch of years... it happened. Got caught for speeding at 94 in a 60 zone, so luckily not 40 over the limit, so I wasn't charged with excessive speeding.

A few questions:

1) I was charged under 146(1) which says:

Subject to this section, a person must not drive or operate a motor vehicle on a highway in a municipality at a greater rate of speed than 50 km/h, and a person must not drive or operate a motor vehicle on a highway outside a municipality at a greater rate of speed than 80 km/h.

Is that the correct section I was charged under? The zone was 60 not 50. And can I use that as a good argument that the section I was charged under is incorrect, therefore ticket should be nullified?

146(5) or (7) seems more appropriate, or is (1) a catchall section that can be used for any speeding offence?

2) I was given a fine of $196. I believe it's the maximum for this offence. Can anyone confirm that? ICBC says $138-$196 is the range. Is that subjective by the cop, or a formula of xx km/h over limit = $xx fine.

3) Finally, unlike how I've always seen them operate laser (from the road) this time they were sneaky. The cop was standing on an overpass that went over the road, was zapping people and radioing his buddies a few hundred meters farther down to pull people over.

I assume that the height from which he was using the laser has no bearing on my argument of potential inaccurate reading/operation of a laser gun?

4) I don't know how many readings a gun can hold of if it's just the one you shot you see, but they were pulling people over one after another within seconds. Don't they have to keep the speed on the unit in case you want to view it? Can they just go pop, pop, pop and pull different cars over?

Thanks. This sucks. I'm getting myself a V1!<ul><li><a href="http://www.qp.gov.bc.ca/statreg/stat/M/96318_05.htm#section146">Section 146 of MVA - Speed Limits</a></li></ul>

van-s4-01

In BC police officers are actually certified to GUESS the speed of the car. They don't really need a speed gun to write a ticket. I'm sure it's something that won't hold if you can get a good lawyer, but it's damn hard to counter if you go to the court yourself.

Egil A64.2s - S6

Do they have absolute proof that they stopped the correct car. No communication errors are possible? There are a few areas which could be explored by a savvy lawyer.

amiro

Luckily, this is my first ticket in at least 5 years, so I just have 3 points with it on my license. You figure it's worth getting a lawyer, or do most people only get one if it's serious like excessive speeding, or their third or fourth ticket?

I'd go to court at the least, just in case he doesn't show up. But w/o a good defense or a lawyer, if he does, the odds aren't good.

Also, any idea how much they cost?

amiro

Correct... I'll keep those in mind if I go to court and represent myself.

van-s4-01

Yellow pages is probably a good place to start, followed by the online search through forums like this one.

For what it's worth, I know that *I* wouldn't be able to pull the "was there a communication issue between the officers ? was a speed gun certified and calibrated ?" kind of legal bull**** in a court. You've gotta have the experience to argue on technicalities, which not many of non-lawyer people have.

But I would most certainly dispute a ticket. There's always a chance the cop won't show up, plus it buys you time to think it over and/or find a lawyer.

autumn

the judge will void your ticket if one or both of the cops miss the hearing.

- GT Style -

<center><img src="http://dynamic.images.indigo.ca/ProductImage.aspx?lang=en&amp;width=140&amp;isbn=1 551800322&amp;cat=books&amp;quality=85"></center><p>

autumn

LOL. not that I need one right now, but where can you get one of those?

amiro

but is stuff in it still relevant?

Also, do you know anything about my first question about whether i was charged under the right section, and if not, whether it would make enough of a difference?

Sounds like you might have some experience with this stuff... :-)