Nope.There is zero allowance in exceeding the speed limit. The sign says ”Maximum” most times. Even if it doesn’t have the ”Maximum “ present, don’t try to use that as a defence."Your last point of momentarily exceeding the speed limit legally? No, no you cannot exceed the speed limit. I agin encourage you not to use this defence either. I will not speculate as to a bunch of “what if’s” of debris, blind spots or tire blowouts, neither will the court."
Clarify this please. One cannot exceed the speed limit to execute a pass legally?
Good conversation guys. Keep it going.
I have been in court hundreds and hundreds of times over the years and have seen a lot of arguements from the defendant, including the “I was passing” speed excuse. When I hear it coming, I just sit back and watch. Often I feel bad for the defendant as they feel they are being clear but the only thing they are clear about is that they exceeded the posted limit. Then the justice will inform them what Maximum means. It’s a very simple premise - you cannot exceed the posted limit for any reason.
The law does not care about being stuck behind a loaded semi that can manage the speed limit on the flats but labors to hit 60 on a hill. But we do it all the time to avoid the hassle of being stuck back there. “I’ll watch on my radar or laser to see what the passing vehicle does after a clean pass in a legal passing zone. If the driver keeps their foot in it and continues piling on the speed, we are going to talk. If I can determine that they are immediately slowing down to a respectable speed, no worries.“ - in italics is my method. This is not necessarily the method of the officer that stopped you. Telling that officer “Well Sikorsky says ...” is not going to help.
And honestly, it’s a Hail Mary to go to traffic court against an officer from a dedicated traffic section. It’s like me playing any organized sport against practically anyone ...... I have no experience and the other guy is in their happy space with a lot of experience behind them. You can hope the member doesn’t show for whatever reason but otherwise ..... the odds are greatly against you.
Here are some good tips:
I had a really great time the other day, sitting down with Ryan from Fortnine to talk about how to beat a speeding ticket in British Columbia. If you watch the video, you will learn a few important tips for how to beat a speeding ticket. And, of course, you can always hire me to[.....]
If you are asking for disclosure from the officer (notes, video) ask several months before your court date. Ask 2 weeks before and the officer will likely ask for and receive an adjournment in order to gather the material and mail it to you. This means another day off for a trip to court and reflects poorly on the person who waited until the last minute.