Q: I got a speeding ticket. Are there any ways to beat it?
A: Sure, obey the speed limit. Prevention is the surest way to avoid speeding tickets.
Speeding tickets are difficult to beat. The technology has evolved to the point where radar devices are sophisticated and can detect speeding objects quickly and accurately. It is usually difficult to prove them wrong.
However, as with most technology, the tools are only as good as the people using them. In other words, human error or misuse of that technology can lead to mistakes, which lead to improper operation or functioning of the radar equipment, which lead to findings of not guilty on speeding charges. These operator errors fall into several broad categories.
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First, check the ticket itself. Make sure the boxes and blanks are filled in and are accurate. Sometimes errors are made on the ticket. Some of these don’t matter, but some might be fatal to the charge. Look it over carefully.
Next, the maintenance, testing and setup of the equipment must be done properly. Like any piece of equipment, the radar has to be checked and serviced regularly if it is to function at peak performance.
Ask to see the maintenance log of the radar unit in question. See how often it has been serviced and the last time it was done. Specifically, look for test and servicing on
calibration.
If it hasn’t been properly done, you may have an argument that the radar equipment is no longer reliable as an accurate measure of your speed that day, which may lead the judge to conclude there is a reasonable doubt as to your guilt.
An important aid in determining these points is the operational manual for that unit. The police or prosecution have to tell you what make and model of radar unit was used. Most manufacturers are quite happy to give you the operational manual for their product. I’ve even obtained some on the internet, and printed them.
You can then question the officer as to his or her testing, setup and operation of the unit, and see if it complies with the manufacturer’s instructions.
You’d be surprised how often it doesn’t because officers are shown how to run the radar by senior officers, some of whom don’t do it properly. Check the manual.
Also, look at the use by the officer. Where did he place the radar unit? Were there any obstacles between the unit and your vehicle? Were you travelling around a curve? The beam out of a radar gun looks like a long, flattened diamond. The beam angles out of the exit of the unit in a cone shape that gets wider.
Over an extended distance, the cone loses power and begins to narrow. Figure out whether the efficient area of this cone could have caught your vehicle where the officer says you were caught. If you’re outside the cone or beam or in the inefficient part of the beam, you may have a defence.
To do all of this, you either have to hire a lawyer with experience in this area or do the research yourself. If you are not educated on how the radar works and how it should be operated, you’re going to lose.
There’s no fast or easy way to beat a ticket. Visit radartest.com to learn how these devices actually work.
Remember to be polite when you are pulled over. Yelling and swearing at the officer is not going to change the fact you are getting a ticket.
If you are in court, no one will be impressed by your ranting and raving at the scene. Stay calm. Do not admit guilt. If asked how fast you were going, don’t answer or say
you don’t know.
You will likely be asked if you know why you were pulled over. Don’t say yes or that you know your speed was out of line. That’s an admission that will kill any potential defence you have. Be polite but firm in your views.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or counsel when dealing with legal matters.
