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About Mark C. Robins
Expertise
We can answer questions related to Investigative Consulting, in areas such as, Family Law, Insurance claims Investigations, crimnal defense investigations, Retail Investigations, Personal Injury Investigations. Only as these areas apply to the Province of Ontario

Experience

www.mcrinvestigative.ca


In operation for over 11 years, MCR Consultants work with clients in all areas of investigative consulting and paralegal issues. As more than Private Investigators, MCR Consultants are able to provide a far wider range of services to our clients.

Mark C. Robins, MCR, has worked in the investigation industry for over 25 years. With a background in criminology, psychology, and interrogation techniques, he is able to contribute to all phases involved in investigation and paralegal issues.

Mr. Robins' employment experiences range from overseeing the operation of an investigation and security firm with a staff of 200 to personally handling undercover investigations in the labour and hospitality industries.

Mr. Robins also has significant experience in running numerous training and educational seminars on topics such as corporate fraud, employment theft, and employment standards.


Organizations belong to
Council of Private Investigators Ontario (CPIO)
National Association of Investigative Specialists (NAIS)
Association in Defense of the Wrongfully Convicted (AIDWYC)
Canadian Private Investigators' Resource Centre (CPIRC)



 
   

You are here:  Experts > Business > International Law > Canadian Law > Was not speeding at the speed the officer stated

Topic: Canadian Law



Expert: Mark C. Robins
Date: 4/22/2008
Subject: Was not speeding at the speed the officer stated

Question
QUESTION: Today I was pulled over on a 70km/hr speed limit road/freeway and was told I was clocked going "over" 80km/hr which I never even come close to 80km/hr.  I was going at 70km/hr the whole time and at one point I went to 75km/hr to pass a car to change lane then reduced back down to 70km/hr.  The whole time i saw the officer behind me so i watch my speed very carefully, the reason why i had to speed up to 75km/hr because the car beside me on the next lane was travelling a bit slower and I need to get to that lane to exit the freeway.
The officer first said I was going over 80, but when issued the ticket he did not post the speed I was going on the ticket but put "at unreasonable speed" because it was snowing. I asked how would I know how fast was I going then if he dont show the speed on the ticket, he then replied I was going at 80km/hr and it does not need to be shown because of the weather condition.  It is obviously he was guessing because he first said i was going over 80 and now just 80. I asked to see the radar because I know I was not going at 80km/hr and I know he's bluffing, but he replied "I dont have to show you anything".
I know for a fact I did not speed to 80 as stated(which is not even on the ticket), and this was nothing more than just an estimate/guess from the officer.  

Can they issue a ticket without even showing the speed I was going at ? On the ticket it does not even show the speeding limit of the road, nor the speed i was going at.
It doesn't even have the road's name or intersection, just showing section 2(1)(a), i'm not even sure what that meant.
Can they guess the speed like that and accused you of speeding ?
I want to take this to court but how would I prove that I did not speed ?

Thanks

ANSWER: It is always wise to fight all traffic tickets, many things can happen in your favour, the Officer may not show up, the Crown may reduce th4e ticket.
As to proving , you are in a classic case of He Said He Said.
If the officer has a radar read out then you will have a problem.


---------- FOLLOW-UP ----------

QUESTION: I highly doubt he have the radar reading at the speed he claimed i was going at because I watched my speed very carefully that day and at one point the highest was 75/hr.  Also if he was so sure that he clocked me at 85km/hr then why he told me he ticketed me at 80km/hr instead ? was that to throw me off ?
Why does the ticket not show the location of where I was ticketed ?
Also would the radar reading have date/time of when it was taken ? Because on the ticket he did not even show the time when he issued the ticket.  Nor the speed limit of the road or the speed it was recorded i'm going at, I thought these infos are required on a ticket ?
Could you advise me of what infos I need to present in court to help me fight this ticket ?

Thank You

Answer
information on tickets is limited the detail of the charge is on the "Disclosure" which will include the officers notes on the offense.
Again I suggest that you do try to fight this ticket.
As to your questions on Why the officer did certain things, I am not him so I could not answer.

I am not sure as to why you felt my answers were not knowledgeable.
Fact is I provided the correct answers to your question.  

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