Pacing Speeding Tickets - Police Pacing Speed Enforcement

Pacing Speeding Tickets   Police Officers can use pacing vehicles as a way of measuring the speed of another motor vehicle and enforcing the speed limit laws

The officer follows the speeding vehicle using the police car to measure the speed of the offender. The officer uses his speed in the police vehicle to match the speed of the other vehicle. When his speed is consistent he checks his speedometer and notes the speed.

The officer must follow the vehicle over a measured distance at a constant speed, e.g. the officer followed behind the vehicle ten car lenghts for two kilometres and the vehicle kept constant speed of 120 kilometres per hour in the posted 100 kilometre zone.

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The court of Appeal R. v. Bland has held that if evidence is given that a mechanical device, such as a watch or a speedometer, recorded a particular time or speed which is the purpose of that instrument to record, that can by itself be prima facie evidence, which is evidence on which a court can act upon (convict) of that speed if no evidence is brought out as to the accuracy of the device. 

If the speed clocked is greatly excessive of the maximum allowed the court would probably convict even in the absence of tests as to the accuracy, but it might not if only small differences were involved.

This means that if the police officer gives evidence that over a measured distance his speedometer recorded steadily the speed alleged, this is prima facie (evidence that if undisputed would allow the court to enter a conviction) evidence which is sufficient to establish the fact of speeding unless rebutted, that the defendant was driving at that speed.  In the absence of some evidence, elicited either on cross-examination or by defense witnesses, that would suggest that the police speedometer was inaccurate, this is enough to convict.

In all of these cases, it is the prosecutions obligation to prove to the court that the speed-measuring device what ever it may have been was in proper working order, was tested and gave a reliable reading of the speed to the officer and the ultimately to the court.

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OTT Legal has one of the highest success rates for winning speeding tickets in Ontario, and we use every legal means and legal argument to win your case.

Its always free to call OTT Legal at 1-888-668-8946, and you can discuss your speeding ticket in confidence with one of our former police officers and licenced paralegals.

 

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