.jpg;w=960)
BARRHEAD - A man accused of exceeding the speed limit by more than 30 km/h did not offer a credible defence.
This is what Justice Carrie Anne Downey told Ervin Zaimi after handing him a $286 fine after a 30-minute traffic trial in Barrhead Court of Justice on Nov. 12.
"Even by the evidence you provided, you were over the speed limit," she said. "The only real defence [in a case such as this] is due diligence, which is difficult to prove in the case of speeding, and you've given me no real evidence of why you needed to speed on this occasion, so you are guilty."
Provincial traffic Crown prosecutor R. Rees said the accused was clocked going 133 km/h in a 100 zone on Highway 33.
Alberta Sheriffs Sgt. Christopher Joseph Terry testified that he was parked in an unmarked vehicle facing Northbound on an approach adjacent to the highway in Lac Ste. Anne County, roughly two kilometres south of Rich Valley Elementary School, when he spotted the accused in his rear and side mirrors travelling north at a "high rate of speed," estimating it to be 130 km/h.
"With my experience, I have become a good judge of speed within plus or minus five kilometres fairly regularly," he said, adding he used his radar unit and clocked the accused at 133 km/h.
Terry added that shortly after he clocked, Zaimi drastically reduced his speed to 100 km/h, then about 80 km/h, before he reached his position, which he maintained for quite a distance.
Zaimi, who represented himself, questioned Terry during his cross-examination about whether he had parked safely.
"Because the reason I slowed down so drastically," he said. "It is because you did not park the vehicle safely. The road is two-lane and pretty narrow, and the police vehicle was very close to the [driving lane]."
Terry, responding to Zaimi's inquiry, stated he was parked safely.
"I've been doing traffic enforcement since 2009," he said. "I've conducted many traffic operations over those years, and I was in a very safe location, ensuring that motorists and myself are safe."
He noted that road and visibility conditions were good, and traffic was light, with the accused's vehicle being the only one on the road at the time.
Zaimi then asked why Terry opted to "turn the radar gun" on him, questioning his accuracy at visually estimating speeds.
Terry reiterated that he has extensive experience and training as a traffic enforcement officer and has developed the skill to accurately determine vehicles' speeds more often than not.
He added that he is also an instructor who teaches other law enforcement officers about the use of radar and how to visually determine vehicle speed.
"Based on all that, I truly believe my experience that I dictated through my visual observations that you were speeding, and [it was confirmed] by the radar."
During his testimony, Zaimi called himself an experienced driver who drives all over the province and beyond because of his employment.
"I go to Barrhead often and know the road well, including the speed limits," he said, referring specifically to the 70 km/h Rich Valley School zone.
As a result, Zaimi said he set his cruise control to the "upper limit" limit of the 100 km/h speed limit.
During the Crown's cross-examination, she asked the accused how fast he was driving.
Zami said he did not know but that he had set his cruise control at 110 km/h.
Later in the proceedings, Zaimi admitted he challenged the speeding ticket not because he believed himself innocent of the offence but because he was concerned about accruing the extra driving demerits.
"Due to my job, I need to have my driver's licence clear of demerits; that is why I went to trial," he said.
Zaimi also asked the justice if there was anything she could do about the demerits.
Justice Downey replied that it was outside her jurisdiction as provincial legislation mandates the number of demerits (in this case, four) for driving offences.
Barry Kerton, TownandCountryToday.com
