SAAQ 330 article



Quebeckers dearly cherish their winter season… well we get use to it. Maybe we are too use to it when we drive? Do we have the tendency to not see that we are going to fast? Here is the article 330 of the SAAQ concerning snowy conditions.

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Hello, on the Meteomedia website, I was able to access the meteorological archives:
Results of the research: From December 31st to January 1st 2008-Lacadie
Maximum temperature: -2.1oC
Date of the maximum temperature: December 31st 2007
Minimum temperature: -9.9oC
Date of the minimum temperature: December 31st 2007
Precipitation: 27.9mm

Source: http://www.meteomedia.com/index.php?product=historical&placecode=caqc0335

So, here is the journey of my ticket art 330 of the SAAQ… On December 31st, I was driving towards Granby on the highway 10. There were about 2 to 3 inches of snow on the road. Near Marieville, a police officer who was in the right lane of the road parked his car on the lay-by. So, I properly and safely drove my car on the other lane and drove on the left side of the road. I was driving at a 70 kilometres an hour. Speed witch in those kinds of winter conditions seems to be safe and appropriate to keep a good control of my vehicle. It’s at this moment that the police officer opened his flashing lights and went from the right lane to the left lane and to the right lane again, he slip his vehicle between my car and the one that was following me and ask me to park my car on the side of the highway. Then, the police officer gave me a ticket that is, to me, not justified. So this is my story that took place on December 31st 2007. Consequently, I plead not guilty to this accusation since I’m convinced that my judgment towards my driving in those driving conditions was safe and appropriate for my and for the other drivers.

In May of 2009, I got a ticket at the courthouse; the defense lawyer mentioned the facts like this: the police officer drove at me at a 112 km/h speed, cars that slipped off the road, thing that I didn’t see. I told him that I changed of lane in order to reach the next exit to go put gas in my tank and that I was driving at a speed that seems reasonable to me. I also told him that I couldn’t miss work in the winter time because of the weather… since I’m working on the road.

She told me: “Ok, so I will summon the police officer to the hearing. If he doesn’t show up, then you will automatically win.”

My questions are: Will the police officer be there at the courthouse? Since it is at the demand of the defense, if I lose, what will happen ? For the fees and the other things… Should I bring the Meteomedia information that I have gathered for that precise day ?

Thank you in advance and good luck with your site, it is very interesting to have comments and to read other people stories.

Pascal

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My opinion,

Thanks for all your good comments.

Regarding article 330, here are a few details:

This is why article 330 of the Highway Safety Code precisely say that the driver needs to reduce the speed of his vehicle when the road conditions are not good due to:

  • obscurity
  • fog
  • rainfall or other precipitations
  • slippery road
  • road that is not completely cleared.
  • When the driver drives at a speed too high, even if this speed is lower then the one propose, depending on the road conditions (road in bad shape, traffic, etc.), then it is an inappropriate speed.

You mentioned in your story a 112km/h speed? Does the police officer have proof? Does he have a radar report? Are does information writing somewhere? Do you have the proof communication? If not, ask for it! You will then have more useful information.

You mentioned also the defense attorney… the defense; it is you… so it is your attorney?

The other person who represent the court, it’s the prosecutor. If your attorney, or you, or the prosecutor ask to the police officer to be present by order of the court, he needs to be present…

If you already have an attorney, I cannot introduce myself in his defense strategy…

I’m not an attorney… I don’t think it is required for you to ask the police officer to appear.

If you are convinced that you were driving at a reasonable speed, that the road wasn’t that snowy, and that you were driving below the speed limit, then I am confident that you may win. Focus on the facts.

The information gathered on Meteomedia is good, but can you witness that information on yourself… because there is a lack of information, was it still snowing ? Was it windy and did the wind blow the snow back on the road ? If there were, then this get’s more complicated for you.

If that was the case, tell the judge that you weren’t in a hurry at all. Tell your story briefly and rapidly. I was going from… to… I was in advance… lightly snowing (?)… the roads were not bad since only 3cm of snow felt down (witch I have on the Meteomedia report if you want to give it a look), but instead of driving at the legal speed of 100km/h, because of the snow, I was safely driving at 70km/h. I didn’t see any cars off the road… then the police officer arrests me… or something like that… simple and concise.

If you lose, you will have to pay the court fees plus your speeding ticket.

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