Know the law: You always drive within the speed limit, right?

This week in Know the Law, we tackle a topic that affects just about everyone – the speed limit. 

Most of us probably know someone who has been stopped by police for speeding. And it’s generally assumed that most road users break the 35kph speed limit. 

So how fast can you actually drive without being stopped? And what if a police officer pulls you over but was not using a radar?

Lawyer Dantae Williams of Mussenden Subair answers questions from a legal point of view and I provide commentary based on my experience reporting from the courts daily.  

Can a policeman pull me over and charge me with speeding even if he doesn’t have a radar to prove the speed?

Danta Williams: A police officer can issue you a ticket without a radar if he has followed closely behind you for a reasonable period of time. 

This is known as “pacing”. If the distance between an officer’s vehicle and your vehicle remain the same, he measures the speed of your vehicle by his speedometer.

Mikaela Ian Pearman: People come into court for this on occasion. 

This excuse doesn’t seem to fly, usually because the defendant usually admits they were speeding, but claims the officer didn’t know how fast they were going. But if are charged with speeding and you admit it — case closed. 

What is the lowest speed you’ve seen someone prosecuted for?

DW: The lowest speed I have seen someone prosecuted for was 49 kilometers. I vividly recall a middle-aged lady pleading guilty to speeding whilst travelling along East Broadway. The Court gently said “madam just slow down a little bit more” before deciding not to order that she pay a fine.

MIP: I can’t recall anyone being ticketed for driving less than 50kph. I have seen 55, but it seems people aren’t usually ticketed for going a few kph over the limit. 

Can a driver comfortably drive over the speed limit? If so, how far over 35k is unofficially ‘okay’?

DW: It is common in many circles to believe that there is a general rule of thumb that you will not be ticketed for speeds of 50k and under. 

However, no one should read this and think that it is okay to exceed the speed limit. let alone drive comfortably over the speed limit. 

Additionally, road users in the area of the Town of St. George and Dockyard should be reminded that the speed limit in that area is actually 25k.

MIP: Again, I can’t recall seeing anyone being ticketed for less than 50km in my years of covering the courts.

If someone gets pulled over and falsely gives my name, date of birth an address, can I be arrested and brought to court?

DW: Unfortunately, you can be arrested and brought to court. In recent years, however, and due to the police service’s heightened awareness of persons providing false information, there are less of these occurrences. 

People should be discouraged from providing false information as it is illegal. Should you provide false information to a police officer you can be ticketed under the Road Traffic Act. 

Alternatively, there have been many occasions where persons have been charged for the criminal offence of attempting to pervert the course of justice, which resulted in a criminal conviction.  

MIP: I have seen this many times over the years. It seems it’s very common in Bermuda to use someone else’s name when arrested if you have warrants. 

In order for it to work, the person arrested has to know the person’s full name, date of birth and address. They also can’t be someone that is known to police. Usually if this happens, the person whose name was given is arrested on a warrant after the person who gave their name doesn’t show up for court. 

The matter is usually adjourned for a police officer to identify the defendant. If the officer doesn’t recognise the person or can say that he/she wasn’t the person arrested, the charges are dismissed. 

If I am convicted in court for a traffic offence, but can’t pay the fine that day, what advice would you give me?

DW: Politely request more time to pay your fine. Generally, the court will grant a period of one month from your admission of guilt. 

If you require further additional time, you should attend the third floor of Magistrates’ Court prior to the expiration of the one month period and communicate your request to the administrative staff. 

They will then bring the matter to the attention of the court where you will appear and request a further extension of time.

MIP: It is so important to ask for time to pay your fine. 

If you don’t ask and you leave the building without paying, a warrant is issued. You can be arrested anywhere at any time. 

If you ask for time and can’t pay the fine by that date, it is crucial to ask for more time. 

The magistrate will generally continue to give you a month to pay the fine as long as you are paying something on it. 

People come in and complain about losing their jobs and having a pile of bills and no money for the court. 

The magistrate doesn’t know these things unless you come to court and explain your circumstances to him/her.