What is an excessive speeding ticket and how do I beat it?
Anyone in BC who receives an excessive speeding ticket faces some significant consequences and hefty financial penalties. The threshold for excessive speeding in British Columbia is travelling more than 40 kph over the posted speed limit. In addition to a ticket and a minimum $368 fine. The driver’s vehicle will also be subject to a mandatory roadside impoundment for a minimum of 7 days. The ticket also comes with three years of Driver Risk Premium payments and an increased risk of a driving prohibition.
These are pretty serious consequences as compared to a regular speeding ticket for travelling anywhere between 1 and 40 kph over the speed limit, which carries a maximum fine of $196, but no impound, and no driver risk premium.
Considering the serious consequences, it is understandable that drivers would be interested in disputing an excessive speeding ticket, but how can it be disputed successfully? The task of disputing an excessive speeding ticket may seem daunting. A driver might think how can they argue against a ticket when the allegation involves such high speeds?
The first step is to consider what an officer needs to prove in court, primarily that the vehicle was travelling at least 41 kph over the speed limit.
Now, contrast this with what an officer needs to prove for an ordinary speeding ticket, that the vehicle was travelling at least 1kph over the speed limit.
Disputing an excessive speeding ticket may seem like a herculean task. However, many excessive speeding tickets are regularly issued for vehicles at speeds in advance of 45 to 50 kph over the speed limit. When we consider ordinary speeding tickets, it is rare for tickets to be issued for travelling less than 10 or even 20 kph over the speed limit.
This means that to avoid a conviction for excessive speed, a disputant may have to convince the court that the vehicle was travelling just 5 or 10 kph lower than what the officer is alleging, while for regular speeding tickets that threshold is often more than 20 kph.
This is easier said than done, but considering all the consequences that accompany an excessive speeding ticket as opposed to an ordinary ticket and the risk excessive speed presents for a driving prohibition. The difference between that 5 or 10 kph can be the difference between whether or not a driver will lose their license.
Hiring an experienced lawyer in traffic court can be the crucial difference-maker in fighting such a ticket. If you receive an excessive speeding or any ticket, call a lawyer right away.