A Prince George man's bid to have a speeding ticket dismissed has been rejected by a B.C. Supreme Court Justice.
On Feb. 17, 2019, Timothy Drewcock was issued the ticket after an RCMP officer found he had been traveling at 88 km/h in a 50 km/h zone while heading south on Tyner Boulevard.
The ticket carries a $196 fine for speeding and a further $81 for failing to produce a driver's licence or insurance, both under the Motor Vehicle Act.
After failing to convince a justice of the peace to overturn the ticket, Drewcock took his case to the B.C. Supreme Court, maintaining that the officer failed to show he had tested the radar prior to using it on the day in question.
At the hearing before the justice of the peace, the officer testified that he is not only qualified to operate that particular type of radar but has also taught other officers how to use the instrument.
On whether it was in working order on the day the ticket was issued, the officer said: "It was tested according to manufacturers, before my shift, and I was satisfied it could accurately measure speeds of moving vehicles."
In a decision issued on December 29, Justice Ron Tindale said it would have been preferable for the officer to have given evidence that the tests were according to manufacturer’s specifications, but he agreed with Crown counsel that it was open to justice of the peace to infer from the officer's statement that the unit had been tested and was working.
