Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. | |
08-09-2010, 04:26 AM
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#1 | RS Lurker, I don't post!
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| Speeding Ticket to Dispute or not Dispute?
Hey guys, I got a speeding ticket today on Highway #1, the police officer was really nice he told me I was going 55 above the posted speed limit and he said he will give me a break by writing me up for speeding against highway sign which is $196 instead of $368 for excessive speeding...
But he put down a wrong date and wrong plate number on the ticket...
My question is should I try to dispute the ticket after he have given me a break?
Well having wrong date and wrong plate number on the ticket dismiss my ticket?
What happen if I try to dispute this ticket? Is there a chance that if I fail to dispute the ticket the judge will hand me an excessive speeding ticket instead of just speeding against highway sign? In another word is there a chance that I'll be fine more than what is shown on the ticket?
One more question, when will my 3 points be counted towards my license? today? or from the day I am proven guilty of the charges... which means if I dispute it and court date is dated one year later... my 3 points will be added to my license one year later?
I hope someone could help answer some of my questions, thank you.
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08-09-2010, 05:37 AM
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#2 | I want to be a person and not an icon.
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If you committed the crime then of course don't dispute, the dispute system is not a loop hole rather its for actual errors of a police officer.
Also if you go to court you will lose for sure, and the judge will have the ability and most likely (will) put your fine back to excessive and you will have more points and a bigger fine to pay.
The points will be counted when proven guilty so that means when you go to court and has been proven guilty or when you pay the fine.
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08-09-2010, 05:44 AM
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#3 | Not a mod
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He shouldve taken away your license onto of an excessive speeding fine. You got lucky. Posted via RS Mobile |
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08-09-2010, 08:50 AM
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#4 | Even when im right, revscene.net is still right!
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You were going 135?
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08-09-2010, 09:11 AM
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#5 | Rider
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if you go to court then hope the cop doesnt show up cuz itll be worse for you
points go on when you pay or are proven guilty (by paying your admitting you guilty)
we all speed and know the consequences your doing 55 over and only got 200$ ticket your lucky. pay the ticket and maybe you will think about more the next time you speed.
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08-09-2010, 09:34 AM
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#6 | I subscribe to Revscene
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Selective enforcement undermines the whole system.
Speed traps are there to teach you a lesson (and take your money). Clearly you haven't learned your lesson by asking if you should dispute such a generous break.
IMO, excessive speeders should have devices installed in their cars that limits them to 80km/hr for 6 months, just like drunks get an ignition interlock.
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08-09-2010, 09:37 AM
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#7 | RS Lurker, I don't post!
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Well thank you all, it wasn't my intention to run away from my responsibilities. This is my second traffic violation in 8 years. I pay my first traffic violation the next day, but I've been hearing a lot of people in the community and friends talk about disputing all their tickets. I was also interested in obtaining the experience of attending a court and the experience of defending myself in a court of law.
But I understand this very nice officer have already look the other way and given me a easier fine and on the other hand I don't feel I got enough evidence to overturn the ruling, so I had doubts about disputing this ticket.
Which is why I want to seek some input from the community. After carefully reviewing my situation I find my odds of successfully disputing this ticket less than 40%, which is a odd I'm not interested in. I choose to pay this ticket.
BTW: I was not aware the speed I was going, but I could honestly say I was speeding along with any other car on the highway at that hour, which is probably 5. I just passed this 18wheeler on the HOV lane.
RE: StevenDuang, I agree with you, is very likely that the judge using the actual evidence provided by the prosecutor that you could and will be fine the actual violation by law, which in this case would be the higher price speeding ticket. Thank you for your comment.
RE: SoulCrusher, thank you for your comment, but I don't think they will take away your license for excessive speeding, maybe if you rake up enough points to lose your license probably with 15 to 19 points.
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08-09-2010, 09:46 AM
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#8 | RS Lurker, I don't post!
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Originally Posted by gdoh if you go to court then hope the cop doesnt show up cuz itll be worse for you
points go on when you pay or are proven guilty (by paying your admitting you guilty)
we all speed and know the consequences your doing 55 over and only got 200$ ticket your lucky. pay the ticket and maybe you will think about more the next time you speed. | From my knowledge, you would be given a chance to plead guilty, not guilty, or no contest before the testimony, at which you would be pleading guilty to the charge on the violation ticket and not risk any further penalty. I guess when people suggest disputing their ticket is because they are trying to take the 30% chance that the police officer doesn't show up, which at that point the violation will be dismissed.
And yes I do think I'm very lucky to get a break already, which I do plan on paying the ticket.
I do think carefully before I speed, but be honest who can say they have never speed? If they have been driving.
Thank you for your comment.
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08-09-2010, 09:58 AM
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#9 | GO FLAMES GO
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Originally Posted by sti88 Hey guys, I got a speeding ticket today on Highway #1, the police officer was really nice he told me I was going 55 above the posted speed limit and he said he will give me a break by writing me up for speeding against highway sign which is $196 instead of $368 for excessive speeding...
But he put down a wrong date and wrong plate number on the ticket...
My question is should I try to dispute the ticket after he have given me a break?
Well having wrong date and wrong plate number on the ticket dismiss my ticket?
What happen if I try to dispute this ticket? Is there a chance that if I fail to dispute the ticket the judge will hand me an excessive speeding ticket instead of just speeding against highway sign? In another word is there a chance that I'll be fine more than what is shown on the ticket?
One more question, when will my 3 points be counted towards my license? today? or from the day I am proven guilty of the charges... which means if I dispute it and court date is dated one year later... my 3 points will be added to my license one year later?
I hope someone could help answer some of my questions, thank you. |
this has to be a post
if not, take your fine and learn from it.....you shouldnt have been going nearly that fast...that is absolutely reckless
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08-09-2010, 10:18 AM
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#10 | RS Lurker, I don't post!
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Originally Posted by sebberry Selective enforcement undermines the whole system.
Speed traps are there to teach you a lesson (and take your money). Clearly you haven't learned your lesson by asking if you should dispute such a generous break.
IMO, excessive speeders should have devices installed in their cars that limits them to 80km/hr for 6 months, just like drunks get an ignition interlock. | Nice comment, and nice idea.
But I have to disagree.
I understand excessive speed is dangerous for anyone and to everyone on the street.
But not all situation of excessive speeding determined by BC law are consider a dangerous to the public, in which case I feel it become more of a technical issue instead of a practical one.
For example, if you are driving irresponsibly on the street doesn't matter what speed your at you pose a danger.
But if you are driving on a open road, with no traffic, and can see very far into the distance, how bad is a little speed? In some country in Europe road have no posted speed limit. People can drive safely there, why can't the same be expected here? Given the right circumstance.
Drunk driving is impaired driving, which is unable to safely operate a vehicle on the street, this is a offense that you can't argue about, because you are unsafe on the road at all time in that situation.
But driving at a certain speed doesn't make you unsafe on the road, and speed can be control logical at anytime, impairments cannot.
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08-09-2010, 11:21 AM
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#11 | Retired Traffic Cop
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Originally Posted by sti88 My question is should I try to dispute the ticket after he have given me a break? | Once you have thought about the answers, that's a question you will have to decide on your own. Quote:
Well having wrong date and wrong plate number on the ticket dismiss my ticket?
| Wrong plate number won't really matter (shaded area of the ticket) but the date will. If it is incorrect and you can show it, the ticket will be dismissed, except perhaps in a case where it was a few minutes before or after midnight in which case the JP may rule that it is not a significant mistake. Quote:
Is there a chance that if I fail to dispute the ticket the judge will hand me an excessive speeding ticket instead of just speeding against highway sign?
| I've never seen it happen, but it is possible. The MVA does specify the fine for a particular speed and takes the discretion away from the JP. Quote:
One more question, when will my 3 points be counted towards my license?
| On the day of your conviction. That would either be the day that you pay it or the day you are found guilty of it in court.
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08-09-2010, 11:23 AM
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#12 | Retired Traffic Cop
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Originally Posted by sti88 From my knowledge, you would be given a chance to plead guilty, not guilty, or no contest before the testimony, | No contest is an American idea. It doesn't happen here in Canada.
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08-09-2010, 11:50 AM
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#13 | Proud to be called a RS Regular!
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such a typical collection of revscene answeres: man up and pay.
who would have guessed |
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08-09-2010, 03:14 PM
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#14 | My homepage has been set to RS
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Your lucky he alraedy gave you a break. Don't push your luck by trying to dispute it.
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08-09-2010, 03:44 PM
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#15 | I subscribe to Revscene
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Originally Posted by sti88 Nice comment, and nice idea.
But I have to disagree.
I understand excessive speed is dangerous for anyone and to everyone on the street.
But not all situation of excessive speeding determined by BC law are consider a dangerous to the public, in which case I feel it become more of a technical issue instead of a practical one.
For example, if you are driving irresponsibly on the street doesn't matter what speed your at you pose a danger.
But if you are driving on a open road, with no traffic, and can see very far into the distance, how bad is a little speed? In some country in Europe road have no posted speed limit. People can drive safely there, why can't the same be expected here? Given the right circumstance.
Drunk driving is impaired driving, which is unable to safely operate a vehicle on the street, this is a offense that you can't argue about, because you are unsafe on the road at all time in that situation.
But driving at a certain speed doesn't make you unsafe on the road, and speed can be control logical at anytime, impairments cannot. | Sorry, you're wrong. Driving too fast means your wheels will come off, your car will catch fire and you will die. As for limitless speeds in Europe, North Americans are genetically programmed differently and simply not able to handle speeds in excess of 110km/hr. A North American driving in Germany is sure to die on a limitless section of an Autobahn.
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08-10-2010, 09:59 AM
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#16 | Proud to be called a RS Regular!
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What do you mean NA are programmed differently. Is this a serious comment? Plenty of ppl here drive at 110 kph, what makes you think ppl can't handle this speed in Europe?
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08-10-2010, 04:32 PM
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#17 | Where's my RS Christmas Lobster?!
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i think what he was saying is that in Europe, given speeds at 100MILES plus, ppl in NA will have trouble adjusting, since our speed limits rarely goes outside 110 KILOMETERS.
And yes, we ARE programmed differently. Every country, region and even city drives different than the next. Hence why we're so frustrated with Asian drivers. They're just driving the way they're been taught and programmed to. It's hard to shut off.
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08-10-2010, 10:49 PM
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#18 | I *heart* Revscene.net very Muchie
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Originally Posted by BallPeenHammer2 i think what he was saying is that in Europe, given speeds at 100MILES plus, ppl in NA will have trouble adjusting, since our speed limits rarely goes outside 110 KILOMETERS.
And yes, we ARE programmed differently. Every country, region and even city drives different than the next. Hence why we're so frustrated with Asian drivers. They're just driving the way they're been taught and programmed to. It's hard to shut off. | Aren't you Asian there, Danny?
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08-11-2010, 08:02 PM
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#19 | Where's my RS Christmas Lobster?!
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you know it's all white inside. LOL
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08-11-2010, 09:27 PM
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#20 | racing & tech mod.
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Danny is right. NA driver's are totally programmed differently. For starters, we have a melting pot immigrants with different driving theologies. In europe, it's just a completely different mentality when it comes to driving, most countries are very strict with their driving laws. Even in non-german countries, it's common for slower traffic to swallow their egos and get out of the way for faster traffic, regardless of what the speed limit is.
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08-12-2010, 06:42 AM
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#21 | ninja edits your posts without your knowledge
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Originally Posted by mkchoi0801 such a typical collection of revscene answeres: man up and pay.
who would have guessed | Such a typical collection of mkchoi0801 answers: don't take responsibility and try to find a way to weasel out.
Who would have guessed?
In the end, I would much rather be the former (RS) than the latter (you).
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08-12-2010, 08:44 AM
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#22 | Proud to be called a RS Regular!
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if there is a way out, wouldn't you take what's given to you? people abuse it all the time.
if i got a ticket and i knew there was a good chance i didn't have to pay for it, then i'm not paying for it. not sure if i can make that any more clear
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i paid for all my tickets BTW.
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