Ticket for excessive speeding

An parent tell us the case of their daughter, which, in a 50km/h zone got caught and received a ticket for excessive speeding… guilty… but not as much… what can they do ?
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Here is a story for your very interesting blog.

My 18 year old daughter, 1 year of her probationary done, is arrested for excessive speeding. She is guilty indeed :

• She was speeding (details below) on a 50km/h boulevard
• The speed was registered by a laser. (Laser as seen on the ticket).

The police officer asks my daughter if she wants to see her speed. She agrees and the officer shows that the radar registered a 90km/h speed. This registered speed is more or less confirmed by two witnesses that were in the car (they agree with the “90” but don’t want to testify, real good friends…).

Then, my daughter asks the officer to explain what the consequences will be. The officer gives her the ticket, the verbal-process of the driver’s license suspension and says “What do you think ?” You just have to read the papers” without any other explanation. The officer checks out the validity of one of her friend license so that she can take the wheel.

It is only when my daughter read the papers that she notice that the registered speed is 96km/h. She doesn’t notice the impact of that difference between 96 and 90km/h since 96 = 50 (speed limit) + 46 (the category is 46 plus excessive speeding)… With the 96 instead of 90 the penalty is : 618$ (480$ penalty + 128$ of fees + 10$ of contribution) -10 demerit points – 1 week of license suspension. The thing is that with a 90km/h speed registration, I believe that the penalty would be less harsh at many levels. This being said, my daughter knows she is guilty, but should she contest the “96km/h”? This is her first infraction. I understand and agree with the « zero tolerance » principle. I also agree with the fact that we need to pressure the young drivers, but I believe that there is exaggeration in this case and I have a reasonable doubt for the 96km/h that made that the infraction felt right in the 46km and over category. But, in the future, it’s sure that miss will be way more prudent on the road

P.S. I leave it to the other readers if they want to comment on the legendary kindness of the many female police officers out there, like my daughter witness with a quote like “Is this a real driver’s licence? Well, you won’t keep it for long”.
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My opinion:

Thank you for your good comments and I’m sorry for the response delay… Indeed, there is a weird coincidence… 46km/h straight! I am glad to notice that you don’t approve the way your daughter drove since there could have been an accident with children’s… this being said, it is not a reason to give a bigger penalty then the one planned by the law.

The SAAQ explains this way what is a excessive speeding: When the speed goes over by :
*40 km/h or more when the speed limit is in a 60km/h or more less zone;
* 50km/h or more when the speed limit is over a 60km/h zone but less then 91km/h;
*60km/h or more when the speed limit allowed is 100km/h.

So, even at a 90km/h your daughter is still in an excessive speeding case… unfortunately… However, 90 is still better than 96 when it comes to the fine and the demerit points… see the chart below… here is the fine amount et demerit points according to the SAAQ :

Considering the impacts of this ticket, I believe that it she has a good chance to win her case. She will need to focus only on her defence. She was unfortunately driving at 90km/h. This is too fast, but she wasn’t driving at 96. You need to be honest with the judge… Judges like honest people. Your daughter will probably be questioned on why she was speeding up… I don’t believe that the presence or absence of her friends will do any difference. However, your daughter will need to say that her friends also saw the 90km/h registered speed on the radar. In addition, it is totally useful to talk about the harsh behaving of the police officer… It is not related to the infraction committed.

Good luck and keep us aware of the results.

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Cet article a été publié le Friday 28 August 2009 à 8:41 pm et est classé dans Speed. Vous pouvez en suivre les commentaires par le biais du flux RSS 2.0. Vous pouvez laisser un commentaire, ou faire un trackback depuis votre propre site.