Expert: Mark C. Robins - 11/16/2008

Question
Hi there. Let me thank you first of all for your time and effort, for many of us this is our only opportunity to talk to someone knowledgible in the field. I was recently pulled over going 118 in an 80 km zone. I had recently purchused the car from a close friend, his plates were still on the car however mine were posted in the windshield (pure procrastination on my behalf). The officer advised me to switch the plates, as he would have to take them to the local MTO office as per policy. After I finished applying my current plates he returned with the ticket. Accepting the ticket I simply asked him politely if the radar gun had been properly calibrated before the reading was taken and would it be possible to see the reading. It was my understanding that this is my right. The officer began stammering and uttered that the calibration was 'fine' and that I didnt need to see the reading. I have no doubt that I was speeding, however the 118 seemed a little steep. The officer had become aggressive and slightly uncorresponsive at this point, when I handed him the old plates he simply looked and me and said 'return them yourself'. Outside of the ignorance I was simply wondering if I did have the right to see the reading, whether or not I can ask if the gun was calibrated recently, and if its going to be 'his word against mine' if I do try to fight this. Any thoughts would be a huge help, again many thanks and keep up the good work.

Answer
It is always wise to fight all traffic tickets.
In most cases the charge and or fine may be reduced.
As well you have a right to Disclosure and that can include your request to see the Calibration certificate for that radar unit prior to trial.
Good Luck