This case concerns the appeal of a speeding ticket that Cecil Lambert received after being measured with radar travelling at 126 km/h in the posted 90 km/h speed zone. This occurred on Highway 16 near Terrace. He disputed that ticket.
His dispute was heard in traffic court by Justice of the Peace Hughes who found Mr. Lambert guilty of speeding at the conclusion of the trial. Mr. Lambert appealed his conviction to the B.C. Supreme Court and represented himself there.
Reasons for the Appeal
He raised the following points in his appeal:
- New evidence was presented during cross examination because the justice would not restrict the constable to answers of yes or no
- The justice refused to issue a subpeona for the driver of the speeding vehicle he was following
- The officer perjured himself during the trial
- The justice did not consider that the constable did not have sufficient time to estimate vehicle speed, make a radar reading and lock that reading on the instrument
Appeal is Dismissed
The appeal was heard by Justice Blair in Terrace. He addressed each of the issues and dismissed Mr. Lambert's appeal, impressing the original $196 penalty.
Preparing for Your Day in Court
In our legal system, everyone is entitled to their day in court and should plan for it. Lawyer Referral would be a good place to start if you intend to represent yourself. This is especially important if you are appearing in the upper courts and do not want to be represented by counsel.
There are also many good Canadian references on the web as well. The University of Victoria has one of them.
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