REVscene - Vancouver Automotive Forum

GomGom · 06-24-2009, 01:06 AM

RCMP came to my house to deliver a ticket dated on May 04, 2009 for "drive without due care and attention" and the ticket amount is $368. The ticket is issued by RCMP Langley.

I am very confused because I never go to Langley and in fact the ticket says the violation is in Langley. He got all my info correct. I asked the cops that came to my house and they asked me if I ever run away from cops and I said I would never ever dare to do that. The ticket has a note with file number and when the cops contact the RCMP Langley to retrieve the file, he said that someone called 911 to report me driving like a crazy and almost created 2 accidents.

The thing is that I never go to Langley. The ticket says the time is 11:10 which I assume it's AM, and I still have a school at UBC at that time. It was monday. I totally have no idea how I can get a ticket like this and if I want to dispute, the court is in Abbotsford and I live in Burnaby.

Please, I need help and advise...

Evolutionian · 06-24-2009, 01:33 AM

i wonder if it would help just simply provide evidence of your abscence, like.. tell your professor or school to let them know that at the time of offence you were no where near langley.

maybe that'll work, i dunno..

zulutango · 06-24-2009, 06:16 AM

If you were not driving, then it is possible the wrong plate number was obtained on the idiot driver's vehicle. The investigator would have had to take a statement from the complainant and this would include a detailed description that would have to match your vehicle...make, model, colour would have to be the same. The process then is to approach the registered owner, unless the driver was positively identified, and after talking with the RO, serving the RO a ticket. The RO is required by law to identify the driver of the vehicle if it was not them, or they can also be charged for failing to do that. I'm assuming that was done and the ticket was served to you as the owner. This means only fines, no points. You have the right to request disclosure of the evidence against you and to dispute the ticket. IF you were not the driver and you are positive your vehicle was not the one involved, then you should produce that proof in court. In my experience very few third party driving complaints actually go ahead. The witnesses seldom show in court at the trial a year or more down the line. I would suggest you contact a lawyer for legal advice before going any further.

SumAznGuy · 06-24-2009, 06:32 AM

First off, go and dispute the ticket.

Next, try contacting the officer who issued the ticket. Ask him for discloser of the effidence against you, and show him some proof that you were in class on the day in question.

Any officer in his right mind would be able to see the flaw in the evidence given to him, and at that point he might or might not cancel the ticket.

chileanwinehous · 06-24-2009, 09:23 AM

wow, get a letter from your school saying you attended school that day, and dispute the ticket. Confront the guy in court and bring photos of your car. Make sure the accuser describes the make of the car. Get legal advise first, im just talking out my ass. good luck.

CRS · 06-24-2009, 09:53 AM

Quote:

Originally Posted by SumAznGuy

First off, go and dispute the ticket.

Next, try contacting the officer who issued the ticket. Ask him for discloser of the effidence against you, and show him some proof that you were in class on the day in question.

Any officer in his right mind would be able to see the flaw in the evidence given to him, and at that point he might or might not cancel the ticket.

I lawl'ed.

SumAznGuy · 06-24-2009, 10:49 AM

Quote:

Originally Posted by CRS

I lawl'ed.

I think I meant to type evidence of maybe I wasn't.

I dunno anymore. Who are you? Where am I? Why are my pants around my ankles?

GomGom · 06-24-2009, 01:28 PM

I wonder how can I request a letter from UBC to prove that I'm attending the class while my prof does not take attendance. The idea is if I'm in Langley around 11:10 AM and it's close to lunch time. I do not have any transaction recorded in my credit cards showing in langley but I do have in burnaby which where I was.
Is there anyway that I should bring to make my stand stronger? I do not have a lawyer and I guess paying a lawyer for a consult will be more expensive than the ticket. Any suggestion?

byronstyle · 06-24-2009, 02:30 PM

Go to the Law Faculty at UBC and ask if they do some form of Legal Aid. Many 3 or 4 year students are asked to sit in a couple hours a week to do legal research and offer advice to students/the public. At U-Vic, it forms the basis of some courses essays/arguments.
The advice may not be as good as a true lawyer's, but is probably better than you will get of any forum.
My friend, who is a lawyer, has just advised that you immediately dispute the ticket, and obtain the evidence against you. He also says that because it is likely that the person making the complaint has had no specific training in vehicle identification or in vehicular law, even if a witness does show up to back up his/her complaint, then it simply becomes a matter of his/her word versus yours. Bring whatever proof you can muster that you were not in the vicinity, and be prepared to question the witness on specific details (how fast, what illegal activities were you allegedly committing, details on your car such as manufacturer, year, colour, model, etc.). The more "I don't know" 's you are able to procure, the less credible the witness.

fsy82 · 06-24-2009, 02:32 PM

If you have credit receipts or debit card receipts that will definitely help. Take a picture of your car to court and ask the accuser to describe your vehicle. Talk to your prof and I'm sure he can right you a letter saying you were at class at the time of the incident. You don't need a lawyer for this you just need proof.

6793026 · 06-24-2009, 03:12 PM

yup in order for the ticket to hold up, there needs to have a lot of proof. Fsy82 gave you a general idea and i'm sure you are able to go on from tehre.

johny · 06-24-2009, 04:26 PM

I'm pretty sure that when you dispute the case, the witness will actully have to come to court. (like the police have to come for a reg ticket) and the witness will have to take the stand. I'm betting he woudn't show.

sebberry · 06-24-2009, 07:49 PM

Sounds like armed robbery to me.

jeffh · 06-24-2009, 10:01 PM

as long as they didnt dis-respect your family

wing_woo · 06-24-2009, 10:03 PM

What sucks though is you have to go all the way to Abbotsford basically for something that's not even your fault. Too bad you can't sue that guy back for your time and expenses to go to Abbotsford if you win.

GomGom · 06-25-2009, 01:23 AM

Is it possible to relocate the court to the one in downtown?

stutterr · 06-25-2009, 10:45 PM

Probably not. I believe since the "offense" occurred or ticket was issued in Abbotsford, the court is held in that area.
Good luck with this. Sounds pretty **cked to me.

GomGom · 06-26-2009, 01:04 AM

Quote:

Originally Posted by stutterr

Sounds pretty **cked to me.

Mind to share your view?

zulutango · 06-26-2009, 05:38 AM

The trial will have to be held in the jurisdiction where the alleged offense was held. As I outlined above, the witness has to appear in court and convince them the law was broken by your vehicle. All the police can say is that they got a driving complaint, took a statement from the witness and served the ticket on the owner of the vehicle. If you had any conversation with them, that could be admitted in evidence.

stutterr · 06-26-2009, 07:16 AM

Quote:

Originally Posted by GomGom

Mind to share your view?

Well to come down to your house and issue a ticket is absolutely ridiculous!! I have heard of people getting letters in the mail, stating that a vehicle plated XXX XXX was seen driving erratically. The general public should not be able to make a phone call and have cops issue a heavy ticket like that. I would think a warning would have been sufficient for this. What is your driving history like?

What a waste of everyone time. The cops must have nothing better to do.

zulutango · 06-26-2009, 07:51 AM

Quote:

Originally Posted by stutterr

Well to come down to your house and issue a ticket is absolutely ridiculous!! I have heard of people getting letters in the mail, stating that a vehicle plated XXX XXX was seen driving erratically. The general public should not be able to make a phone call and have cops issue a heavy ticket like that. I would think a warning would have been sufficient for this. What is your driving history like?

What a waste of everyone time. The cops must have nothing better to do.

And then the next time you witness what you consider to be dangerous driving, we'll all remember that. If you bothered to read what I posted above you will see that their is a process to be followed . If you get a letter instead of a ticket, then the witrness did not want to go to court

stutterr · 06-26-2009, 09:58 AM

I did read what you posted Zulu, its my opinion on the matter. Don't worry I am not looking to do your job for you.

I was asked to share my view. If you would have taken a few seconds to look above, you would have already known this.

zulutango · 06-26-2009, 02:45 PM

I appreciate that it is your view, to which you are 100% entitled. My response was my view and most people come here to get a Police-based view response, like mine.
My view fully supports part of your view...the public does not just have the right to just make a phone call and have the Police a ticket like that. My posting outlined just why that does NOT happen and what processes are in place to prevent exactly what you did not want to happen, happen..

WHEYsted · 06-27-2009, 12:24 AM

You need an alibi.