Q&A - Charter Issues in Traffic Court
- Read more about Q&A - Charter Issues in Traffic Court
- 1 comment
- Log in to post comments
My question is whether a Justice of Peace can deny a Charter argument that has already been heard and dismissed by a Provincial Judge and then referred back to Traffic court.

I was travelling through Alexis Creek where I was stopped and ticketed for speeding. The officer alleges I was traveling at 104kph in a 60kph zone. I couldn't be sure exactly the speed I was going but would have to defer to the officer's superior measuring equipment. ;-)
I was issued a ticket for Speed Against a Municipal Sign for driving over 30 km/h in a playground zone. The officer had no laser and no radar. She flagged me over, saying "The speed limit here is 30, you were not doing 30." I can't say whether I was doing 31 or 51. My best guess based on the location I was pulled over would be somewhere between 30 to 40 km/h.
I would like to know if it is proper for an officer to write me a traffic ticket without witnessing the incident himself. When I tried to pass a car on the right on a one lane street, the car I was trying to pass hit my rear bumper on the left side. I called the police to report this.
In this case Allen Lukas appeals his conviction for speeding based on the visual observation of his vehicle's speed made by Cst. Neid of the Kelowna R.C.M.P. Detachment.