Discussions

First off this isn't a thread to bash cops... I Have nothing against them, and nothing but respect for them.  
I have always considered myself as a good driver, but yesterday on HWY3 between just east of Deloraine I was travelling east in a company van I've been driving for 5 years, could see in the distance a white suv travelling toward me, with a white car right behind them. I knew it was a cop right off the bat, did the quick check to make sure I was close to the speed limit... 99kmph in a 100 zone(perfect)...So I thought! his lights come on, my co-worker in the passenger seat says "They got him, how did they not notice the cop driving behind him". Thinking he was pulling over the suv infront of the cruiser... nope, he turns around pulls me over and I get a $470 ticket cause he somehow clocked me at 132kmph. I explained I wasn't doing the 100 posted speed limit... he said it must be the speedometer that's off. Nope... I know the feeling of a vehicle doing 132kms you can tell by the feel, rpms. We even tested it in Boissevain on the electronic sign in the scool zone, and stayed with a handfull of other vehicles doing the same speed. I know the van isn't off.  
What I'm wondering is if anyone else in that area experienced the same scenario yesterday (in hopes that i could prove there is a defect with the radar) Or has anyone ever been in the same boat? how do you fight this situation, where its going to be my word vs his? I'm stumped here, as I have a great driving record I'm proud of, and was pulled over almost 20 years ago for speeding... and that was it. Thanks for any advice. feel free to PM me if you don't want to post your story for everyone to read.

I think but not sure , that you can ask the officer to produce the radar readout.  
It would not be the first time that radar gun was faulty either.

Officer does not have to provide you a print out or show you the radar, they an officer of the peace their title assumes they don't lie.  
 
I would suggest fighting the ticket, and in doing so once you get your court date request from the crown lawyer the following  
Photocopy front and back of the ticket  
A copy of the officers notes  
A copy of the officers worked hours in the last two weeks (to see if their judgment could be compromised due to lack of sleep)  
The officers certification to operate the radar gun and when he was last certified and if it is current  
When the radar gun was last calibrated  
When the calibration device was last certified  
 
9 times out of ten you will get a registered letter back from the crown attorney stating they are dropping the charges, they generally don't wanna do the work for a speeding ticket

Garret said "Officer does not have to provide you a print out or show you the radar, they an officer of the peace their title assumes they don't lie.     I would suggest fighting the ticket, and in doing so once you get your court date request from the crown lawyer the following   Photocopy front and back of the ticket   A copy of the officers notes   A copy of the officers worked hours in the last two weeks (to see if their judgment could be compromised due to lack of sleep)   The officers certification to operate the radar gun and when he was last certified and if it is current   When the radar gun was last calibrated   When the calibration device was last certified     9 times out of ten you will get a registered letter back from the crown attorney stating they are dropping the charges, they generally don't wanna do the work for a speeding ticket "

is no reasonable requirement for a peace officer to provide the accused as charged with two weeks worth of hours worked.

It is reasonable to ask if someone isn't over houred at their job if it can affect their judgement as it appears to have been the case here. Been including that in my request for the last 15 years. Only ever had one ticket go to court and I won because they didn't have the calibration details of the radar gun.  
 
Reasonable doubt is a great thing

How true this is but a few guys have told me this at different times that don't know each other. Get copys of the few tickets before and after yours from the officer. from what was implied there has been cases of issuing a ticket from the radar, at say 132 km. Not resetting the radar and using that reading several times during the shift.  
Not saying one way or another anythings possible I would guess.

Farmboy74 said "How true this is but a few guys have told me this at different times that don't know each other. Get copys of the few tickets before and after yours from the officer. from what was implied there has been cases of issuing a ticket from the radar, at say 132 km. Not resetting the radar and using that reading several times during the shift.   Not saying one way or another anythings possible I would guess. "

How can you get tickets before and after yours? I don't think they would just hand them out to you. Would that not be invasion of privacy or lack of confidentiality?

Its a bit of a hassle but I would fight the ticket in court. Plead not guilty and show up for your court date. The officer will need to show up and produce his evidence that you were travelling at that speed. If he does show and produces the info then I would get your speedo checked and if it checks ok that should prove his equipment is faulty.

Had a problem similiar to this many years ago . Had a garage check my speedometer for accuracy and showed the results together with the ticket to the courts and the charge was tossed out.

Had a problem similiar to this many years ago . Had a garage check my speedometer for accuracy and showed the results together with the ticket to the courts and the charge was tossed out.

Brenda said "    Farmboy74 said "How true this is but a few guys have told me this at different times that don't know each other. Get copys of the few tickets before and after yours from the officer. from what was implied there has been cases of issuing a ticket from the radar, at say 132 km. Not resetting the radar and using that reading several times during the shift.   Not saying one way or another anythings possible I would guess. " How can you get tickets before and after yours? I don't think they would just hand them out to you. Would that not be invasion of privacy or lack of confidentiality? "

Can do to get the tickets. Or if there is a problem when the request is asked the ticket goes away like others said with documentation problems.  
 
I have never had the problem so Don't need to worry about finding out.  
The last time I heard about it somebodys son got stopped on # 1 and I don't know what happened after it went to court or if they got the other tickets.  
I just hope the guy with the problem doesn't need a clean drivers abstract to keep his job,If he wasn't speeding like they say he was..

 
 
Edited by Tradespinner, 2016-06-10 09:28:30

The radar gun must be less than 11 degrees off of the o:bject. In practical terms it must be pointing straight ahead. If he was closely tailing the van it's resonable to expect the gun was pointed more to the side or other lane.  
 
You have a passenger witness that can verify the position of the police car in relation to the van and can give a statement claiming it felt like the van wasn't travelling fast.  
 
Edited by Hey!, 2016-06-10 09:32:56

wont help in this situation at this time, but would prove in the event it ever happened again, but get a dash cam with GPS, it will log your speed right on the video for you. Here is a newer version of the one I have.  
 
https://www.amazon.ca/Camera-Logger-Original-Ambarella-A7LA50/dp/B010GL14O8/ref=sr_1_10?s=electronics&ie=UTF8&qid=1465571674&sr=1-10&keywords=dash+cam

you can ask to see when radar gun was last tuned in it has to be done everyday and they have to prove this that it was done that day

And it's is done with a tuning fork

Farmboy74 said "    Brenda said "    Farmboy74 said "How true this is but a few guys have told me this at different times that don't know each other. Get copys of the few tickets before and after yours from the officer. from what was implied there has been cases of issuing a ticket from the radar, at say 132 km. Not resetting the radar and using that reading several times during the shift.   Not saying one way or another anythings possible I would guess. " How can you get tickets before and after yours? I don't think they would just hand them out to you. Would that not be invasion of privacy or lack of confidentiality? " Can do to get the tickets. Or if there is a problem when the request is asked the ticket goes away like others said with documentation problems.     I have never had the problem so Don't need to worry about finding out.   The last time I heard about it somebodys son got stopped on # 1 and I don't know what happened after it went to court or if they got the other tickets.   I just hope the guy with the problem doesn't need a clean drivers abstract to keep his job,If he wasn't speeding like they say he was.. "

just kind of wondering if it would be worth the hassle of a lawyer. Sure he/she may get the ticket thrown out, but you will be throwing a lot of money to hire a lawyer for a ticket.

That happened to me on the #1 a few years back. An officer who had a car pulled over pulled out and stopped me. He claimed to have clocked me at 121 km. I had my cruise set on 108 like I always have. If I get a ticket for being 8 km over so be it, but he was insistent that I was going 121. He said maybe I sped up coming down a hill-the road in that stretch was quite flat.He said my speedometer must be off, I knew it wasn't because there are electronic speed indicators in certain places and I knew my speedometer at most was 1km off. After a few more minutes of conversation back and forth I finally asked him to get in my car and we would hit resume and he would see what speed I was going. He just replied "I see you have 5 merits-have a good day". Sometimes you wonder if they try handing out tickets and if a person is unsuspecting or not paying attention-you just pay it.

Eons ago - 1979? - I was heading into Brandon from Virden and I came upon this vehicle that was going really slow on the highway. So I passed them. Next thing I knew, they were passing me and then slowed right down again to the same slow speed. So I passed again and they did it again. And I passed one more time and then got caught on radar speeding as I had just passed. I was so ticked off. It was almost like I was set up to get caught. Tried fighting it, got the car tested but ended up as guilty because I was still speeding. Go figure. Never forget that.

Jessica08 said "wont help in this situation at this time, but would prove in the event it ever happened again, but get a dash cam with GPS, it will log your speed right on the video for you. Here is a newer version of the one I have.     https://www.amazon.ca/Camera-Logger-Original-Ambarella-A7LA50/dp/B010GL14O8/ref=sr_1_10?s=electronics&ie=UTF8&qid=1465571674&sr=1-10&keywords=dash+cam "

That's great for accidents, but my understanding is that provincial court justices will [i]NOT[/i] accept dashcam video as evidence because it can be easily manipulated and altered.

I guess it depends whats at risk Like loosing your job over it. or if something was going on that should be stopped, Like issuing tickets off a radar reading for someone else's offence.  
 
To be honest if I genuinely Knew I was getting fined and my licence/job screwed up for something I didn't do. I'd have a go fighting it on principal of it wasn't right.  
 
The Police don't make money catching and jailing criminals. An officer told me that once. So where do the funds come from you guessed it. Example Winnipegs doing quite well by a few million extra from school zones not having consistent rules, like most of the rest of the province. if you google search it comes up but thats a whole different discussion! thats a waist of time on ebrandon.

You have a witness and he prob not certified to run radar I know a guy got outta 192 in a 100 by the radar not bein calibrated in 5 years and the guy never had certified to run radar that cop got his hands slapped and ya the guy learned his lesson

Thanks for the tips everyone. Thinking I have to try and fight this. If I was doing even close to what the officer said I was... I'd admit I did it. Now there was a vehicle behind me that had passed a semi, and was within one km behind me the last time I looked in my mirror... I'm just not sure how close he got to me. Did the officer pick up his speed behind me on his radar and assume it was me? Wish I could just see the dash cam, and see what the angle of the car behind me was to see if that was a possibility. I thought it was weird how far the rcmp was from me when he turned his lights on. which would help explain my theory.

Jimm said "You have a witness and he prob not certified to run radar I know a guy got outta 192 in a 100 by the radar not bein calibrated in 5 years and the guy never had certified to run radar that cop got his hands slapped and ya the guy learned his lesson "

Thank God that guy got off....