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fredr123 · 01-05-2009, 10:10 PM

Two points:

1. Pursuant to s. 4 of the Provincial Offences Procedure Act, a ticket for speeding can be issued up to 6 months from the date of the alleged offence. It's seems pretty lame to get a ticket this late after the offence but it is still within the 6 month period.

2. The "double jeopardy" stuff mentioned above is covered in a Canadian case called Kienapple (and cases that follow it). It's been found to apply to provincial driving offences (say for example impaired driving and driving while suspended). The rule is kind of complicated and not that easy to explain or apply. It would be interesting to see how it would apply to two charges for speeding on the same day at the same time. Could a police officer follow you for two minutes, clocking you at 80 km/hr in 60 zone, and give you two tickets one at 8:00 pm and another for 8:01 pm? I doubt it, but how much of a gap in time do you need to be legit?

01-05-2009, 10:10 PM	#26
fredr123 Franchise Player Join Date: Apr 2004 Exp:	Two points: 1. Pursuant to s. 4 of the Provincial Offences Procedure Act, a ticket for speeding can be issued up to 6 months from the date of the alleged offence. It's seems pretty lame to get a ticket this late after the offence but it is still within the 6 month period. 2. The "double jeopardy" stuff mentioned above is covered in a Canadian case called Kienapple (and cases that follow it). It's been found to apply to provincial driving offences (say for example impaired driving and driving while suspended). The rule is kind of complicated and not that easy to explain or apply. It would be interesting to see how it would apply to two charges for speeding on the same day at the same time. Could a police officer follow you for two minutes, clocking you at 80 km/hr in 60 zone, and give you two tickets one at 8:00 pm and another for 8:01 pm? I doubt it, but how much of a gap in time do you need to be legit?