Inaccurate Location on Ticket and Radar Calibration Requirements
I have a few questions about my upcoming trial for an excessive speeding ticket that I hope you guys may have some input or advice for.
A bit of background:
I received a ticket alleging that I was travelling at 140 km/h on a pitch-black Sea-to-Sky Hwy within the section with numerous twists and turns in a car which 1) I was driving for the first time, 2) did not belong to me, and 3) was very expensive. And so I was careful to keep to the speed limit. I don't believe it would even have been possible to go that fast at that location with that many sharp turns, let a lone in a car that I was entirely unfamiliar with. I believe I'm innocent.
- In his disclosure, the officer sent me 2 copies of the exact same certificate and claimed that the radar was tested with 2 separate tuning forks stipulated by the certificates. There was also no record at all of the actual testing which he claimed to have taken place before and after his shift. Noting that a moving radar has to be tested with 2 separate tuning forks, how likely will I be able to nullify his radar evidence based on this point?
- Related but more material, the radar and tuning fork were certified back in 2010. I know some provinces require the tuning forks themselves be tested regularly but I am unaware of such a requirement in BC. For the radar, is there a difference between regular testing and calibration? For the tuning forks, I presume they're not regularly tested and are not recertified once they've left the factory. Will I be able to bring up these points to discredit the radar evidence? It seems strange that the devices regularly used to ensure the accuracy of the radars are not themselves required to be tested and maintained.
- The officer was all over the place with the location of the charge. I was pulled over on Hwy1 right before exit 11. But my conversation with the officer confirmed his belief that I was not speeding immediately prior to his pulling me over (where I've kept to the limit), but that I was speeding a few km's up the road (where it was twisty). Then, on the ticket the officer wrote a location that was right near Taylor Way, which was another 2.5 km down the road away from where I was pulled over. Can I use this discrepancy to discredit his case?
Thank you for your help and I would greatly appreciate any advice you may have.