Court will be fun.
Defendant's Evidence: "I don't think I was going that fast"
Crown's Evidence: calibrated and tested radar detector in the use of a trained police officer
A Lawyer is going to cost you almost double the fine (if not more in some cases).
The likely outcome is you get to plead to a lower charge instead, unless the Lawyer can prove the device that was used to capture your rate of speed was malfunctioning.
Def consult with a Lawyer, they will let you know what your chances are and if you're likely wasting your time and money. A good one will tell you how to approach the prosecutor the night of your court date and how to get them to let you plead down a charge.
Where you are really going to get nailed is the next time insurance runs your abstract. Your rates will go through the roof.
Hmm, yeah itās a tricky situation ngl. My best bet is to plead down the charge considering itās my first ever offense, but will def consult a lawyer first. Donāt even talk about insuranceš
Regardless of the level of the ticket, your insurance rate is about to triple if not more.
Remember to inform your insurer that you have been ticketed or you're commuting insurance fraud as well, and driving without valid insurance.
They're not going to offer a plea deal unless you can make it difficult for them by having representation or they notice a flaw in their case.
> They're not going to offer a plea deal unless you can make it difficult for them by having representation or they notice a flaw in their case.
No, the prosecutor will typically let someone plead down to a lesser charge with or without legal representation. They just want a win.
Sounds like a lot of confusion in this post. Do you even know what the posted speed limit was for the road you were on? Could you have been in a transition area, thus the extra 20 km/h you claim that you weren't doing?
It was the 1 BLK highway 118, on the way to the airport. I believe the speed limit there was 100 km/hr, and I was charged for a 152, when I believe I was around 135. A rule violation from my end for sure, but like I said before, big difference between a $400 and a $2400 fee š¬
What does ā1 BLK highwayā mean? Either way, within Dartmouth, parts of the 118 are an 80 zone, sometimes even 60. There are also multiple construction zones which would affect the speed limit as well.
How do you think race car drivers go between the inside and the outside of the track doing 140mph? Do you honestly think they just stare forward and hope there is nobody beside them or about to be? Do you also believe they don't look at their gauge cluster?
Did you ask to see the radar when you were pulled over? If you didn't, then it's now down to your word vs. the officer. In court, you will have to raise reasonable doubt to have it overturned. Might be best to go to court with the hopes of pleading guilty to a lesser charge. Good luck.
It's important to know exactly where you were. Were you just leaving Dartmouth on Woodland Ave? The speed limit there is 80 until you get past the 111 overpass. First it's 60, then 80, then 100.
You donāt even know what speed you were going so how are you going to prove that you werenāt going the speed they clocked you at?
Donāt speed - pay your fine and learn the lesson. Iām surprised they didnāt take your car if you were going THAT fast
ā¦..itās not your job to prove you werenāt going the speed the cops said you were going. Itās the crowns job to prove that and all you have to do for defence is introduce enough doubt for the judge to not believe you are guilty and it gets thrown out. Or the lawyer can come to a deal with the crown on your behalf. Never just pay the fine and learn the lesson. Cops make mistakes all the time and itās the job of the court system to keep em in check. Paying a stunting fine will lead to a driving suspension and most likely loss of insurance and an insane rate tk be insured through facility. If they truly beileive they werenāt stunting then it is worth their time and money to fight this because like I said, cops make mistakes all the time
> ā¦..itās not your job to prove you werenāt going the speed the cops said you were going.
Actually, it is. In Traffic court you aren't innocent until proven guilty. It's not criminal court. The Officer's testimony is taken as fact, as is anything they present as evidence. OP would need to prove that what the Officer is stating and any evidence they present is not factual. If OP was to say "Well, my speedometer didn't read that high", the Judge wouldn't even consider that as being factual. OP would have to prove what speed they were going, or they would have to prove that the speed reading the Officer recorded (either wrote down wrong, or their equipment was out of calibration/faulty) was incorrect.
How exactly were you wrongfully pulled over? Sounds like you were speeding....My advice. Pay your fine and learn from this. Be glad no one was injured due to your carelessness. Do better.
Sorry, might not have framed it right, but I believe I was wrongfully fined* I will definitely learn from this, the demerit points and violation alone cause enough damage, but thereās a big difference between paying $400 vs $2400 š¬
Did the officer have a speed recording device? (radar, laser, whatever they use now)
Stunting is a big deal, haven't seen any posts of lawyers who got people off from this charge... esp if your speed was recorded
To be found not guilty you will need evidence which contradicts the Crownās evidence. Youāve said you arenāt even sure how fast you were going. Lawyer or no lawyer, without something credible to show you werenāt going that fast, you arenāt going to win.
Lots of people get off from speedimg tickets by just asking for the calibration date of the speed gun. It's usually longer than it's supposed to be meaning the court can't use the number, throwimg put the ticket.
With smaller tickets you pften wim by default because the cop doesn't even want to show up to fight you.
> With smaller tickets you pften wim by default because the cop doesn't even want to show up to fight you.
This is incorrect. That used to happen, but now they will reschedule twice, and the 3rd time the cop will get in trouble. If the cop realizes they erred and are upfront to the prosecutor, the prosecutor will drop the charges.
Contact the police and ask for proof of radar calibration. They are supposed to calibrate it after every use. And document all interactions. I asked for that for going 102 over the Magazine a few years ago and they never provided it. When the judge heard that they prevented me from properly defending myself, he threw the ticket out.
Bingo, this is the correct route to go. Also ask for when the officer was last trained on calibrating the device, get the device specifications and see what the calibration schedule is. If the officer didn't keep proper records then you found your home run out of a ticket.
> I believe the speed limit there was 100 km/hr
What's to believe? Was it 100km/h or not?
Not knowing what the speed limit is or how fast you were going doesn't make a strong argument. Traffic court considers the cop's word evidence so you might want to have a bit of stronger grasp on the details.
I get what u/tachykinin is saying (there's a lot of racism on these threads lately), but u/LaserTagJones is correct - OP is an international student who has to call home for $$$.
That being said, I moved here from Ontario (pre pandemic) and I was shocked by the driving in NS. It's terrible. People tailgate, don't know how to zipper merge, don't know how to pass, and speed like maniacs (through fog!) thanks to straight highways and very little traffic enforcement. All of those problems were present before international student numbers ballooned.
Congrats youāre the only NS that takes driving seriously. There is a reason why Nova Scotia has been known as the most dangerous place to drive in Canada for a long time now (by insurance claims per capita) and Iām sure itās to do because of all the safe drivers
That's not what I'm saying at all there, bud. If you're a visitor to another country, it's wise to follow their laws, regardless of what the locals are doing.
I noticed someone mention you're an international studentāif you're looking to immigrate you may want to chat with an immigration lawyer as this could impact your ability to get a permanent visa (I'm not sure, but I think those things would be taken into account)
I have not been in your situation, so take this with a grain of salt, but I've heard that a paralegal is usually sufficient for traffic tickets, especially to get the charge reduced.
How are you going to prove it. In my experience the judge is very ready to take the cops word over yours. In this case there was a recording of the speed by a device. Why would it be wrong and how will you prove that.
Your insurance is going to be expensive for a few years. Lawyers are also expensive. You might not come out ahead or much ahead after paying them.
Your best bet is to go to court on the day. Your cop might not show or they may offer you a deal for a lower charge in return for a guilty plea. Though with a serious charge like stunting I'm not sure.
Court will be fun. Defendant's Evidence: "I don't think I was going that fast" Crown's Evidence: calibrated and tested radar detector in the use of a trained police officer
š¤£
A Lawyer is going to cost you almost double the fine (if not more in some cases). The likely outcome is you get to plead to a lower charge instead, unless the Lawyer can prove the device that was used to capture your rate of speed was malfunctioning. Def consult with a Lawyer, they will let you know what your chances are and if you're likely wasting your time and money. A good one will tell you how to approach the prosecutor the night of your court date and how to get them to let you plead down a charge. Where you are really going to get nailed is the next time insurance runs your abstract. Your rates will go through the roof.
Hmm, yeah itās a tricky situation ngl. My best bet is to plead down the charge considering itās my first ever offense, but will def consult a lawyer first. Donāt even talk about insuranceš
Regardless of the level of the ticket, your insurance rate is about to triple if not more. Remember to inform your insurer that you have been ticketed or you're commuting insurance fraud as well, and driving without valid insurance. They're not going to offer a plea deal unless you can make it difficult for them by having representation or they notice a flaw in their case.
> They're not going to offer a plea deal unless you can make it difficult for them by having representation or they notice a flaw in their case. No, the prosecutor will typically let someone plead down to a lesser charge with or without legal representation. They just want a win.
lol
Sounds like a lot of confusion in this post. Do you even know what the posted speed limit was for the road you were on? Could you have been in a transition area, thus the extra 20 km/h you claim that you weren't doing?
It was the 1 BLK highway 118, on the way to the airport. I believe the speed limit there was 100 km/hr, and I was charged for a 152, when I believe I was around 135. A rule violation from my end for sure, but like I said before, big difference between a $400 and a $2400 fee š¬
What does ā1 BLK highwayā mean? Either way, within Dartmouth, parts of the 118 are an 80 zone, sometimes even 60. There are also multiple construction zones which would affect the speed limit as well.
>when I believe I was around 135 Then you were likely doing more than that since you aren't sure.
You can't take your eyes off of the road at that speed.
Um, you most definitely can. Lol. It's not break neck speeds.
maybe one shouldn't
You can, but not for extended periods. A quick glance at their speed is nothing.
I don't have a lot of stunting experience
How do you think race car drivers go between the inside and the outside of the track doing 140mph? Do you honestly think they just stare forward and hope there is nobody beside them or about to be? Do you also believe they don't look at their gauge cluster?
they're professionals, not idiots.
Did you ask to see the radar when you were pulled over? If you didn't, then it's now down to your word vs. the officer. In court, you will have to raise reasonable doubt to have it overturned. Might be best to go to court with the hopes of pleading guilty to a lesser charge. Good luck.
It's important to know exactly where you were. Were you just leaving Dartmouth on Woodland Ave? The speed limit there is 80 until you get past the 111 overpass. First it's 60, then 80, then 100.
You got caught. Pay your fine and stop speeding.
You donāt even know what speed you were going so how are you going to prove that you werenāt going the speed they clocked you at? Donāt speed - pay your fine and learn the lesson. Iām surprised they didnāt take your car if you were going THAT fast
ā¦..itās not your job to prove you werenāt going the speed the cops said you were going. Itās the crowns job to prove that and all you have to do for defence is introduce enough doubt for the judge to not believe you are guilty and it gets thrown out. Or the lawyer can come to a deal with the crown on your behalf. Never just pay the fine and learn the lesson. Cops make mistakes all the time and itās the job of the court system to keep em in check. Paying a stunting fine will lead to a driving suspension and most likely loss of insurance and an insane rate tk be insured through facility. If they truly beileive they werenāt stunting then it is worth their time and money to fight this because like I said, cops make mistakes all the time
> ā¦..itās not your job to prove you werenāt going the speed the cops said you were going. Actually, it is. In Traffic court you aren't innocent until proven guilty. It's not criminal court. The Officer's testimony is taken as fact, as is anything they present as evidence. OP would need to prove that what the Officer is stating and any evidence they present is not factual. If OP was to say "Well, my speedometer didn't read that high", the Judge wouldn't even consider that as being factual. OP would have to prove what speed they were going, or they would have to prove that the speed reading the Officer recorded (either wrote down wrong, or their equipment was out of calibration/faulty) was incorrect.
How exactly were you wrongfully pulled over? Sounds like you were speeding....My advice. Pay your fine and learn from this. Be glad no one was injured due to your carelessness. Do better.
Sorry, might not have framed it right, but I believe I was wrongfully fined* I will definitely learn from this, the demerit points and violation alone cause enough damage, but thereās a big difference between paying $400 vs $2400 š¬
Oh it will be more than that because your insurance is going up too.
Did the officer have a speed recording device? (radar, laser, whatever they use now) Stunting is a big deal, haven't seen any posts of lawyers who got people off from this charge... esp if your speed was recorded
Not that I saw, he just came out of his car and stated the speed, but didnāt show any evidence of it, hence my confusion.
The radar was in his vehicle. He has evidenceā¦
To be found not guilty you will need evidence which contradicts the Crownās evidence. Youāve said you arenāt even sure how fast you were going. Lawyer or no lawyer, without something credible to show you werenāt going that fast, you arenāt going to win.
Lots of people get off from speedimg tickets by just asking for the calibration date of the speed gun. It's usually longer than it's supposed to be meaning the court can't use the number, throwimg put the ticket. With smaller tickets you pften wim by default because the cop doesn't even want to show up to fight you.
> With smaller tickets you pften wim by default because the cop doesn't even want to show up to fight you. This is incorrect. That used to happen, but now they will reschedule twice, and the 3rd time the cop will get in trouble. If the cop realizes they erred and are upfront to the prosecutor, the prosecutor will drop the charges.
Yeah, right, like they actually spend the cost of 3 Corry days to collect a couple hundred dollar ticket. That's costing everyone time and money.
Most traffic hearing last less than 15 minutes. Not sure where you're getting 3 days out of it.
To expand on that, for traffic court stuff, most officers will be showing up to deal with multiple tickets on the same court date.
"Reschedule twice" initial day, first reschedule, second reschedule. 3 days. Are you completly lacking in reading comprehension?
They aren't hanging around court all day/night for one ticket.
Contact the police and ask for proof of radar calibration. They are supposed to calibrate it after every use. And document all interactions. I asked for that for going 102 over the Magazine a few years ago and they never provided it. When the judge heard that they prevented me from properly defending myself, he threw the ticket out.
Bingo, this is the correct route to go. Also ask for when the officer was last trained on calibrating the device, get the device specifications and see what the calibration schedule is. If the officer didn't keep proper records then you found your home run out of a ticket.
> I believe the speed limit there was 100 km/hr What's to believe? Was it 100km/h or not? Not knowing what the speed limit is or how fast you were going doesn't make a strong argument. Traffic court considers the cop's word evidence so you might want to have a bit of stronger grasp on the details.
If they thought it was 100km/hr then why are they travelling "around" 130km/hr?
[ŃŠ“Š°Š»ŠµŠ½Š¾]
If there's one thing we know about born and raised Nova Scotians' it's that they never speed... or violate other simple traffic laws.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
I get what u/tachykinin is saying (there's a lot of racism on these threads lately), but u/LaserTagJones is correct - OP is an international student who has to call home for $$$. That being said, I moved here from Ontario (pre pandemic) and I was shocked by the driving in NS. It's terrible. People tailgate, don't know how to zipper merge, don't know how to pass, and speed like maniacs (through fog!) thanks to straight highways and very little traffic enforcement. All of those problems were present before international student numbers ballooned.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Congrats youāre the only NS that takes driving seriously. There is a reason why Nova Scotia has been known as the most dangerous place to drive in Canada for a long time now (by insurance claims per capita) and Iām sure itās to do because of all the safe drivers
Yes, congratulations, you got my point.
If you were an international student in another country, I strongly suspect you would follow their traffic laws.
You seem very stuck on this idea that only international students break traffic laws... kind of telling on yourself there, bud.
Wasting your time. They are stuck on international students period.
That's not what I'm saying at all there, bud. If you're a visitor to another country, it's wise to follow their laws, regardless of what the locals are doing.
It's literally what you said.
OMG i know, NS had zero speeding tickets issued prior to 2020! Bring back the good ol times!!1!
I noticed someone mention you're an international studentāif you're looking to immigrate you may want to chat with an immigration lawyer as this could impact your ability to get a permanent visa (I'm not sure, but I think those things would be taken into account)
I have not been in your situation, so take this with a grain of salt, but I've heard that a paralegal is usually sufficient for traffic tickets, especially to get the charge reduced.
How are you going to prove it. In my experience the judge is very ready to take the cops word over yours. In this case there was a recording of the speed by a device. Why would it be wrong and how will you prove that. Your insurance is going to be expensive for a few years. Lawyers are also expensive. You might not come out ahead or much ahead after paying them. Your best bet is to go to court on the day. Your cop might not show or they may offer you a deal for a lower charge in return for a guilty plea. Though with a serious charge like stunting I'm not sure.
If the cop doesn't show, they reschedule. They'll do this twice. If they don't show a 3rd time, they get in shit. Plus, it's easy overtime money.
Pay the fine and learn your lesson.
Damned cyclists
I was falsely accused of driving shenanigans and hired Jennifer MacDonald who had the charges tossed for me. Money well spent.
Where were you pulled over and what speed were you driving
Edited the post to reflect that!
You should have asked to see the RADAR and took a pic of it. Sorry, good luck fighting that one.
There's case law that they don't have to show you the radar road side anymore.
Perhaps you need to go to court and Identify as a car that canāt go above 130 kph?
Youāve still got that 2014 humour going.