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Discussion Starter #1 (Edited)
About 16 months ago I was pulled over for doing 127 in an 80 zone on my 1978 CB400. I would agree that I was doing around 120, but not much more as I was riding an old, out of tune 400. The road was completely clear. The (unmarked) cop was the only other car.

My record was spotless and I informed the officer that I was unaware of the (new at the time) excessive speeding law. I was calm and polite. He impounded my bike for 7 days and wrote me an excessive speeding ticket.

I disputed the ticket almost immediately and my court date is coming up in late June. I do not want to dispute that I was speeding. I want to try to reduce the infraction in order to avoid the ICBC fees.

I'm not sure which defence I should use. Some of them are probably a bit thin, but here are all of the options that I've come up with:

- Show evidence that I cannot afford the fine.
- Claim that I was not endangering any other motorists and that my record was clean, that the charge is excessive.
- Attempt to prove that my 400 was incapable of reaching that speed. (I have tuning parts and shipping info that shows that the parts were in the mail when I was pulled over.)
- Dispute that the public was not made aware of the new law. The new drinking and driving penalties, however, were heavily advertised around that time.

Has anyone had any success disputing excessive speed tickets? Any advice?

Also, if this is the wrong forum, sorry, and please feel free to move the thread.
 

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Wanderer of the Wastes
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before you get absolutely torn to shreds by the likes of the 'shoulda known better' crowd...

just go to court. Get there early. See the cop. State your 'facts' clearly, and basically get on your knees and beg and plead for a reduction in fines or 'downgrade' of the situation.
You may have to suck some dick here, and even that won't guarantee you anything...
 

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Bad Motherfucker
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Bring booze... Cops like booze... and if He doesn't it will help get rid of the taste of the cock Your gonna have to suck to have a hope in hell.....
 

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I wouldn't bother with the argument of 120 instead of 127, your still +40 and still an impound.

Swallow your pride and bring mints.
 

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I believe you will be held to your excessive charge if you plead with the cop, although you may get the fine downgraded to the lowest excessive charge if you received a higher ticket.

I do not believe they can change it to a lower speeding ticket because they may then be liable for towing, storage, etc.
 

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Insultant
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16 months? Shouldn't you have gone for the Charter of Rights dispute?
 

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Fookin Prawn
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Bring booze... Cops like booze... and if He doesn't it will help get rid of the taste of the cock Your gonna have to suck to have a hope in hell.....
It's Victoria, bring weed.

16 months? Shouldn't you have gone for the Charter of Rights dispute?
Valid point. 1 year is considered a reasonable amount of time to see your case, anything longer than that is not considered reasonable.
 

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Wanderer of the Wastes
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excessives usually have an automatic 'undue care' pegged on as well, no?
that's what you want dropped if possible. it's the fatter turkey.



148(1)
Excessive speed
$368–483
3 points

144(1)(a)
Drive without due care
$368
6 points
 

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16 months seems like a long time, perhaps too long to be considered correct under "charter of rights"...

... I would lawyer up.
 

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16 months? Shouldn't you have gone for the Charter of Rights dispute?
This is most likely not enough time for a Charter infringement. I believe they want 18 months or more.

The reason of not knowing won't fly and trying to prove your bike is incapable of those speeds won't be possible either.

You can always ask the judge for time to pay the fine. That way you can go in every month and drop some money on it.

But then again you may completely luck out.

Other than that, what DNASpark said. That nails it.

However seeing that it's an excessive charge, there may not be any leeway on the officers part due to the impound and tow. If you were to make a deal outside the court room for 1 over the limit, a sneaky person may attempt to then get the tow, impound and DRP surcharges waived since you "weren't" going +40.

Post up and let us know what happened.
 

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Insultant
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Insultant
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This is most likely not enough time for a Charter infringement. I believe they want 18 months or more.
Has that changed? According to the link I posted, the delay must exceed 8 to 10 months. The longer the better.

FWIW, when I got my excessive speeding there was no 'without due care' attached to it.
 

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excessives usually have an automatic 'undue care' pegged on as well, no?
that's what you want dropped if possible. it's the fatter turkey.



148(1)
Excessive speed
$368–483
3 points

144(1)(a)
Drive without due care
$368
6 points
No they don't unless there was other driving evidence such as 4th gear standup wheelies, rolling burnouts or impairment by alcohol/drug. Pretty sure the old CB400 wasn't doing any of that.
 

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Discussion Starter #14
The ticket only has "Excessive Speed - 148(1) - $368" on it.

The claim that I did not know the law and that my record was clean is only, to my mind, to show that the officer threw the book at me when he could have simply informed me of the new law and that he could have my bike impounded, and then written me a regular speeding ticket and given me a stern warning.

I'm anticipating that the officer, given his lack of leniency on the side of the road, will not be interested in compromising.
 

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If the officer is going to write an excessive charge, there is a mandatory vehicle impound.

The officer cannot write a lesser ticket and then impound your vehicle. He has no authority to do so.

And you were measured doing 47 Km/h OVER the posted limit. You may rightfully feel you were doing only 40 over, however I believe that the measuring device used by the officer has a greater degree of accuracy over a 31 year old motorcycle speedometer.
 

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Insultant
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The claim that I did not know the law and that my record was clean is only, to my mind, to show that the officer threw the book at me when he could have simply informed me of the new law and that he could have my bike impounded, and then written me a regular speeding ticket and given me a stern warning.
IMO you're going to be told that ignorance is not an excuse - it is your duty to keep up to date with the laws while in possession of a driver's licence. Of all pleas, it would the last on the list.
 

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Wanderer of the Wastes
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IMO you're going to be told that ignorance is not an excuse - it is your duty to keep up to date with the laws while in possession of a driver's licence. Of all pleas, it would the last on the list.
So in pace with the modern trend towards 'updates' and 'additions', ..it is advisable that you must read the entire MVA in full every morning before breakfast, before you leave the house, noonish,.. then again before you before you return home - lest you be caught out in ignorance of the law!
 

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Insultant
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So in pace with the modern trend towards 'updates' and 'additions', ..it is advisable that you must read the entire MVA in full every morning before breakfast, before you leave the house, noonish,.. then again before you before you return home - lest you be caught out in ignorance of the law!
Exactly - I think they should go one step further and make you click that "I agree with the terms and conditions" check box every time you put the key in the ignition. Much like iTunes does :p
 

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Lawyer up. A proper lawyer will be more likely to be able to cut a deal for pleading guilty to a lesser offence/charter challenge than you ever will.
 
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