Speed Measured by Pacing

Question: I was stopped by a motorcycle officer over a 60 kph bridge. I was going over the posted limit and unaware of the excessive speed consequences. The officer said that he was pacing me and I was "pulling away from" him. I was asked initially how fast I thought I was going and ignorantly and mistakenly guessed 110.

I'm unaware of how long the officer was pacing me. Going over the bridge I only accelerated on that portion, which is a tiny span of road on a fairly light traffic day. Due to the fact that I was pulling away from him, he said that the ticket he was writing was for a lesser value than what it could have been.

The officer's notes for the ticket state 110+/60, 1 > 3 > 4, and Pace 1/2 back. What do those notes mean?

While the officer will likely give sufficient evidence to prove that I was over 40, do the circumstances of lacking radar equipment allow me to have a case in traffic court?

Is a motorcycle's speed harder to gauge by the pacing method?

Would my best course of action be to consult a lawyer? Or negotiate having the penalty reduced to non-excessive? Is this something that is possible, even though the officer refused to do that upon issuing the ticket?

If I do get the charge changed, would I be compensated for monetary losses for the impound fees?

Pacing is an Acceptable Method of Speed Measurement

Pacing is a method of measuring speed that is accepted by the courts. The officer will say that they matched speeds with the vehicle in question, followed for a period of time and used a speedometer with confirmed accuracy to verify the speed.

If the vehicle being measured is visibly moving away from the pacing police vehicle then it is a valid assumption that the speed is above that shown on the police vehicle speedometer. How much above will depend on the officer's ability to accurately describe and express an opinion on it and the possibility of countering that testimony if the accused chooses to testify.

The officer's opinion of speed is also accepted by the court as is anyone's that has experience driving a motor vehicle.

Ticket Notes are Often Personal Shorthand

I can only guess what the officer's notes mean. They are unique to the individual that made them and you will have to ask, either at trial or via a disclosure request for their meaning.

Use of Radar or Laser is not Necessary

Radar or laser are not required for the prosecution of a speeding offence. To me, the pace would be "solid evidence" and you will have to find a way to discredit that.

Retaining a Lawyer

You can certainly ask a lawyer for advice. I always mention Lawyer Referral as it is an economical way to do that. You can always negotiate with the officer too. The outcome of that will likely depend on how strong a case they feel they have.

Refund of Impound Fees

Finally, the impound fees are not refundable if the courts decide on a reduced speed penalty. RoadSafetyBC advises the following:

Vehicle impoundment which occurs at the roadside is an administrative process, and cannot be revoked as a result of a successful dispute of a traffic violation ticket. The vehicle impoundment remains valid, and all related costs are the responsibility of the driver or vehicle owner.

Learn More

• The Vehicle Impoundment Program

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