Dispute 148.1 (excessive speed) and reduce it to 146.3(speeding on highway)?
West Vancouver, Highway 1, going East. Speed limit is 90. Snowboarders in a van with WA plates zip ahead pushing 140 going back home. Following the van I catch myself going pretty fast and slow down. A couple of seconds after that I see a patrol car with lights on in hot pursuit behind me. I though he was after the WA van, but he pulled me over instead... I had my wife, a baby and mother-in-law in the car.
The officer says I was going 142, which is 52 over the posted limit and guys in West Vancouver are so tough they impound Canada Post Mail trucks... The officer does not let me smooth-talk my way out of this one, is courteous and even calls me a cab to get back home with my brood. I get the $368 ticket for excessive speed (148.1) and my car gets impounded for 7 days.
$400 later for impound, and $600 for a week's rental I find myself having learned the lesson and observing speed limit regulations very carefully now.
The issue at hand is not so much the $368 tickets that I would have paid as I was clearly speeding, but the annual $320 risk premium that ICBC is going to invoice me via its Risk Premium with on my birhtday for the next three years as long as I maintain a BC driver's license.
This is why I am considering disputing the allegation of 148.1 and plan to ask judge if it comes to it to change the violation to 146.3. I am prepared to get the same amount of points deducted (3), and pay the highest fine for 146.3 ($196), but this way I do not have to pay the DRP to ICBC for three years.
What could I expect in court?
For 146.3 to kick in, I will need to have been going faster than 90 and slower than 130. My ticket is for 142, which I think the van in front of me was doing. The less than 10% margin of error in calibration puts me below 130km/h and into the 146.3 violation zone. I think.
Any feedback on the strategy?
On a side note, the officer mentioned to me that he was stationary when I flew by, but he is nowhere to be seen in my DVR's footage. Shall I even mentioned my DVR and the fact that I cannot see the officer there?