Inquiry: The disclosure I received from the crown for a speeding ticket charge contained many errors in the police officer’s synopsis of the events. The most vital I believe is that he stated he was traveling westbound while I was traveling eastbound and the radar manually locked in my speed. The problem is that I saw him sitting in his car at the police station out front as I was traveling eastbound. After I drove past the police station I saw him turn his car on and pull out onto the highway and at that point he pulled me over. He said I was going 79 in a 50 and gave me a ticket for 65. The highway turns into a small town’s main road which is why the limits are 50. Can I expect the ticket to be thrown out because it is unclear where he was when he obtained the speed purportedly on my car?
Response: It appears that the officer reduced your speed from the original 3 demerit point offence to a lesser 0 demerit point offence as a courtesy. If this is the case in your matter, the Prosecutor may seek to have the charge ammended back to the original speed at trial. You may therefore wish to hire a licenced paralegal for a review of the disclosure to provide an opinion on whether or not the issues within the disclosure will carry enough merit to proceed to trial given the risk of increased penalties. If you would like to persue the matter with one of our staff, we may be contacted via out toll-free number 1-866-801-8299.
Office Manager, London