Towed for Excessive Speed Avoiding a Tailgater

Q&A ImageI received a excessive speeding ticket while on my motorcycle in June 2016. I stated to the police officer that I was attempting to elude a tailgater, which he did not see of course.

The tailgater positioned himself behind my bike 3 times in 3 kilometers before I sped off to go to a public venue with cameras should the tailgater cause me trouble.

Cop got me at roughly 4 kilometer mark of this endeavor and pulled over at about 5 kilometer mark for the police officer. I was of course compliant and well behaved with the police officer but bike was still towed and impounded for 7 days.

What, if anything can I do to fight this in court?

I have no information on the tailgater other than it was a white gmc pick up and the word of the passenger I had on the bike with me. There was another couple on a second bike with me, they can also state same. His bike was clocked at 140km in a 90km zone and the cop said, "and you (meaning me) were keeping pace.

I look forward to your reply.

Comments

Answer

The officer has no discretion for the impound:

Impoundment of motor vehicle

251 (1) If a peace officer has reasonable grounds to believe that a person

(d) has committed an offence under section 148,

the peace officer or another peace officer must

(g) cause the motor vehicle to be taken to and impounded at a place directed by the peace officer, and

(h) if paragraph (c) of this subsection applies, serve on the person a notice of driving prohibition in the form established by the superintendent.

As the Motor Vehicle Act says must instead of may, there is no option. Some impoundments may be reviewed. For more information: Vehicle Impoundment Program Fact Sheet

As for the speeding ticket, like any other violation ticket you are issued, you may choose to dispute it in court. There is a lot of information here in the forum about that.

I may be incorrect, but as I understand it, even if you are successful and have the ticket dismissed, the impound can still stand.

From my personal viewpoint, I would rather be behind a bad driver where I can keep an eye on them.

Traffic court wouldn't have

Traffic court wouldn't have the authority to do anything with the impound fees and the fact that the driver would be found not guilty does not grant him a refund by RoadSafe BC. The only option would be small claims court. I'm sure at least 1 person have tried this since this law came into effect but I have no knowledge of the result

tailgaiting

Awhile  ago I had an impaired driver tailgating me.I sped up, over the limit and pulled off the road, stopped and let him pass. Felt a bit guilty about not getting his licence plate number and reporting him, but likely he does this daily and is experienced at driving drunk. Best to get out of his way.

Getting towed is  a small price to pay for driving 140 to get out of the way of a drunk.

Why?

Awhile  ago I had an impaired driver tailgating me.I sped up, over the limit and pulled off the road, stopped and let him pass. Felt a bit guilty about not getting his licence plate number and reporting him, but likely he does this daily and is experienced at driving drunk. Best to get out of his way.

After 45 yeasrs behind the wheel - and being injured as a consequence of being hit from behind - I've never felt it necessary to speed up to 'escape' them. Because it doesn't work.

If tapping the brake lights doesn't work - usually it does - then all you need to do is gently decelerate until they back off, change lanes, or overtake - at which point they're no longer a threat to you.

Whether the driver behind you is drunk or not - which certainly isn't obvious by looking in your mirrors, is irrelevant.

The motorcylist(s) in this situation could have dealt with their situation much more effectively in my opinion.

I'm very curious

Why would you choose to drive dangerously just because another driver was? And after 3 times from the same truck. In the 3 Kms as you state, was there no place to signal to pull off to the right side of the road, like the shoulder so you could let this selfish driver by? Or another road or driveway? I just can't think of a place that you couldn't have pulled off the road to let them by, especially on a motorcycle. I would signal or put my flashers on and find the nearest safe spot to pull over.

There is a very minute amount of circumstances where I could be forced into breaking the law and resort to excessive speeding, and one of those is definitely NOT because someone chooses to tailgating me, now if I saw while going down a mountain a semi lost it's brakes and was a runaway, sure then if there was no way out other than speed excessively, I would, but I still would have looked for a place I could have pulled off the road to get out of the way first. 

My Opinion is you don't stand a chance in court, especially excessive speeding, but wish you luck if you try.

My suggestion

First, as for the ticket,  just pay it.

Second if this happens again, while operating a motorcycle or any other type of vehicle, just signal your intention to pull over, best if there is an intersection or a driveway, preferably a store or service station that is open.  Likely the tailgater is just pull past you and be on his way.

Then just resume driving.  The signal shows you have no intent on playing games with him, and perhaps gives the impression you are not even aware of what he is doing.

Tapping your brake, or slowing down and continuing driving along, will just inflame the situation.  Speeding off at a high rate of speed.... well we know that that results in.

Always consider that this person could be drunk or crazy, or even driving a stolen vehicle, by playing games with him you may be the "last straw" in his bad day and it's taken out on you.

My moto is that I'd much rather this jerk is in front of me than behind me.

Tailgater

If you are uncomfortable with someone following you too close at 100 km I fail to see how giving him the opportunity to follow you too close at 140 km makes this situation any safer. Gently slow down and move slightly to the right giving him a large area in front of you to go. He didn't have to pass you to go faster, he just had to bully you to do so and take the speeding ticket for him.

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