Posted by Anonymous: I was pulled over on the night of October 18 for speeding . The office pulled me over after I had stopped to make a left turn onto my street . He approached me and asked me why I was driving like a maniac? I told him I shouldn’t have passed on the double solid line but the vehicle ahead of me was going dangerously slow. I then asked how fast I was going and he said he didn’t save it on his radar but another officer said he’d seen me on the freeway exit at a road in which I was not driving on that evening. I waited for the next officer to arrive and asked him the same question, “How fast was I going sir?” He replied with “Sir, the other officer clocked you doing a high rate of speed.” No actual speed was recorded. So, after all the back and forth, I admitted to crossing a double solid and asked if the fine could be lessened. I was handed an impoundment notice and told I was going to get a speeding ticket, which I was never issued. My truck was towed to the local towing yard for 7 days with no speeding violation ticket attached. I am confused as to what is going on and if the officer is going to mail me a ticket or make me sign one in person.
Here is the law that applies to your situation:
Impoundment of motor vehicle
251 (1) If a peace officer has reasonable grounds to believe that a person
(d) has committed an offence under section 148,
(e) has driven or operated a motor vehicle on a highway in a race or in a stunt and the peace officer intends to charge the person with a motor vehicle related Criminal Code offence or an offence under section 144 (1), 146 or 148 of this Act, orthe peace officer or another peace officer must
(g) cause the motor vehicle to be taken to and impounded at a place directed by the peace officer…
Section 148 is the section for excessive speed that you are speaking of.
There is nothing in this law requiring that you receive a violation ticket for speeding before it can be invoked. The officer may choose to apply discretion about serving the ticket, but has no discretion at all when it comes to the impoundment. As soon as he has reasonable and probable grounds to believe that you are driving at excessive speed, the impoundment must take place.
Perhaps you will be lucky and not receive an excessive speeding ticket for this. Should you have been (or still could be) served with a ticket, having it dismissed in court will not automatically nullify the impoundment. You will have to do that by having the impoundment reviewed. Unfortunately this only applies to impoundments of more than 7 days, which this is not.
From your story, it appears that radar was used to measure your speed, just that the measurement was not shown to you, or the reading mentioned. Of course, your own speedometer should have been a good indication to you about how fast you were driving.
If you take the time to read the other speed related threads here in the forum, you will see that police may make estimations that are accepted by the court, that the officer is not obliged to show the radar to the violator, and that a clock or pace is a valid method of measuring speed.