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Re: LIDAR Help for my S4



At 11:55 AM 10/23/98 -0400, you wrote:
>Steve,
>
>I don't want to get into the issue of setting of speed limits and how
>improperly set limits (either too high OR low) will lead to increased
>accidents. See the CAA's or the NHMA's various documents on the topic (or
>talk to a highway engineer).
>
>The center of any "rational" judicial system is that I am innocent UNTIL
>proven guilty. It is not up to me to prove my innosense in the charge, it
>is up to the prosecution to prove my guilt. Hence my question of how the
>court MUST go about proving their accusation of speeding in this case. To
>use a bad example, O.J. _may_ have been guilty, but the prosecution did
>not prove their case.
>
>I am exercising my right to a fair trial, a right equal to the right
>vote.
>
>Again FWIW, I was not behaving recklessly, I like many others here taking
>driving very seriously and regularly attend several driving schools every
>year. I would not be overly surprised if my driving skills are better
>than those of the officer who wrote the ticket. I do know my car is FAR
>safer at speed than any standard issue cruiser.
>
>I do not pass on the right. I do signal all turns and lane changes.  I do
>not weave through traffic. I do not tailgate. These are all ofences, that
>in my opinion, represent dangerous driving. When was the last time you
>heard of anyone being ticketed for any of the above? It should give you
>pause to think what the motivation of traffic enforcement is. Is it safe
>highways or easy revenue generation (that may in fact increase accidents
>if you believe the numerous studies of proper speed limit setting)? 
>
>Thanks,
>Dwayne 
>- 94 S4 
>
>On Fri, 23 Oct 1998, Steve Bigelow wrote:
>> You admit you (sorry, your _car_) were speeding. Why on earth would you
>> take it to court if you are guilty?
>> 
>> Forgive me if I'm missing something here....
>> 
>> Steve Bigelow

If your defence strategy is the irrationality of speed limits and other
philosophical questions, forget it. A justice of the peace is not going to
listen to your rant about whether 'tis nobler to fine for speeding or
tailgating. I happen to agree with your points about proper speed limits
and what constitutes poor driving but that is not an issue that the court
can decide. You have been charged with violating the Highway Traffic Act
where an officer claims that he clocked you travelling at 125 km/h in a 90
km/h zone using a LIDAR unit. You are correct in your statement that the
onus is on the prosecution to prove that you are guilty but the reality is
that the conviction rate for speeding offences is quite high since it will
boil down to the officer's word against yours. In that scenario, the
officer's word will usually win. Your only hope I think is the slim chance
that the officer will not show up for your trial since you have effectively
negated any potential for pleading innocent of the charges while under oath
by publicly admitting that you were travelling in excess of the posted
speed limit. Good luck.

Regards,

Clifford Ilkay
Dinamis Corporation
3266 Yonge Street, Suite 1419
Toronto, Ontario
Canada M4N 3P6

Voice/Fax: 416-410-3326

mailto:clifford_ilkay@dinamis.com