REVscene - Vancouver Automotive Forum

lazyeyeguy · 06-22-2011, 12:41 AM

Hey guys,

So I got a letter for my court hearing date for my ticket dispute, and in the letter, it lists the officer's Name, Number, and Detachment. But the Attendance Method is left empty.

here's a pic:

http://i.imgur.com/sjJ16.jpg

Does this mean that the officer will not be attending the hearing?

This is for an excessive speeding ticket dispute, and I am going to plead guilty, since I am, and I've matured a lot since that time with regards to my driving. I hope I can explain myself to the JP ask for a reduced fine or payment at a later date.

But from what I've read, excessive speeding fines CANNOT be reduced, is that correct?

If the officer does attend, I plan on talking to him and hope that we can make a deal, say, lower the fine to speeding instead of excessive speeding.

I know I can apply for an adjournment, but I don't really see any valid reasons that I can state. You can always take time off from work or school, unless your employer is a douche.

Thanks for all your time and input

Vale46Rossi · 06-22-2011, 12:46 AM

lol thats always left blank.

RevRav · 06-22-2011, 12:48 AM

Quote:

Originally Posted by StevenDuang

lol thats always left blank.

Steven Duang would know for sure

Vale46Rossi · 06-22-2011, 12:59 AM

Quote:

Originally Posted by RevRav

Steven Duang would know for sure

Of course! I am going tomorrow!

Vale46Rossi · 06-22-2011, 01:00 AM

fucking piece of shit imageshack rotated my image

lazyeyeguy · 06-22-2011, 01:09 AM

Oh, I was hoping it meant that the officer won't show up lol.

What is violation 33(1)?

Vale46Rossi · 06-22-2011, 01:24 AM

33(1)

I forgot my license LOL

RevRav · 06-22-2011, 01:54 AM

June 23, 2011 9:30am

Court Room #103
Richmond Provincial Court

RS Meet?

too bad its so early...

Vale46Rossi · 06-22-2011, 01:58 AM

Quote:

Originally Posted by RevRav

June 23, 2011 9:30am

Court Room #103
Richmond Provincial Court

RS Meet?

too bad its so early...

It was a stupid ticket....
I am just going to pay the fines when I get there unless police doesnt show

zulutango · 06-22-2011, 04:35 AM

But from what I've read, excessive speeding fines CANNOT be reduced, is that correct?

That is true...however, if he/she decides to proceed with the "lesser included offence of speeding" ( giving you a huge break...and normally only if you decide to plead guilty) then the fine can be reduced to as low as $138...but if you got a $368/$483 excessive then I don't think you could expect any less than the $196 level 2 speeding.

sho_bc · 06-22-2011, 10:44 AM

Minimum fine amount for Excessive Speed is $368. So if you got the higher amount, its possible to have it reduced to $368. But if you were driving 61km/hr over the limit, I'd probably NOT have it reduced.

The JJPs allow reasonable amounts of time to pay off a ticket. But you should be able to provide valid reasons and show that in the year and a half since you disputed the ticket, you've been saving up to pay it and that you're currently experiencing financial hardship.

lazyeyeguy · 06-22-2011, 01:09 PM

^^
I was fined $368, and any significant amout of reduction would be great, but I'm not hoping for anything crazy.

I was going 95 (in a 50 zone, I pretty much didn't brake while going) downhill on the Boundary slope towards Marine. The officer jumped right out to the left lane to stop me, which scared the shit out of me as I had to brake really hard. He came up and asked me what the speed limit on Boundary is and I said 50. He turned the radar gun around to show me the display reading 95, and asked me, "Does this look like 50 to you?"

Stupid, yeah, I know lol... haven't done anything stupid since then.

I've been unemployed for the past year, and I was just hired again. Can I say that I need more time to save up with my new job?

zulutango · 06-22-2011, 04:49 PM

See post # 11.

Vale46Rossi · 06-24-2011, 02:01 PM

Anyways, police showed up to court and plead no evidence. I WIN!

But I wonder how he has no evidence when he used a radar.

Care to chime in Zulutango?

sho_bc · 06-24-2011, 03:51 PM

Several possibilities, including not making notes after the fact (perhaps got called for a file right after and never got around to making the notes), didn't perform the required checks on the radar to ensure it was in working order.....

zulutango · 06-24-2011, 04:01 PM

There are so many possibilities that it's useless to speculate. Just remind yourself, you used up at least one golden horseshoe on this VT. How many more do you have left?

Vale46Rossi · 06-24-2011, 04:28 PM

Quote:

Originally Posted by zulutango

There are so many possibilities that it's useless to speculate. Just remind yourself, you used up at least one golden horseshoe on this VT. How many more do you have left?

Oh of course, I understand I was there to pay the ticket but I asked him why did he not send me the disclosure I asked for more 2 months ago. He just told me he will drop the case and save both of us some time.

RevRav · 06-24-2011, 07:03 PM

Quote:

Originally Posted by StevenDuang

Oh of course, I understand I was there to pay the ticket but I asked him why did he not send me the disclosure I asked for more 2 months ago. He just told me he will drop the case and save both of us some time.

Did you treat him to some donuts afterward?

Vale46Rossi · 06-24-2011, 07:33 PM

Quote:

Originally Posted by RevRav

Did you treat him to some donuts afterward?

I wouldn't mind, buy him a nice dinner.

haha

lazyeyeguy · 06-25-2011, 12:19 AM

Wow good job StevenDuang!

Did you talk to the officer before going in for the hearing?

And what is the disclosure that you're talking about?

Vale46Rossi · 06-25-2011, 01:21 AM

Quote:

Originally Posted by lazyeyeguy

Wow good job StevenDuang!

Did you talk to the officer before going in for the hearing?

And what is the disclosure that you're talking about?

Yes, I talked to the officer prior to court, which is where I asked him about the disclosure that I have requested.

A disclosure

disclosure law definition
n
The release of information about a person or entity. Of a corporation, the filing of documents and statements required by law; in litigation, the release of documents and other information subpoenaed or otherwise sought by the other side.

The charter of rights and freedom promises us to fair trial and we are allowed to ask the officer for the all the evidence that will be used against you.

zulutango · 06-25-2011, 08:53 AM

Did you make a written request for disclosure and specifically detail what you wanted? You can't just go on a fishing expedition and Cops will recognize "requests" that come from websites that sell Radar/Laser detector/jammer gear and anti-Police groups. As this is the law, you have to ask the correct questions in the correct way to get a legally required response. Court is about "legal" and you must play by the rules - the Cops have to. If you made a legal request for specifics and he did not respond, then he knew that the JP would likely toss the VT because he did not respond and that may be why he withdrew the VT.

lazyeyeguy · 06-25-2011, 09:57 AM

Damn, how many tickets have you disputed lol. You sound like a pro.

How do I ask for the disclosure? How do I get in touch with the officer?

Vale46Rossi · 06-25-2011, 11:47 AM

Quote:

Originally Posted by zulutango

Did you make a written request for disclosure and specifically detail what you wanted? You can't just go on a fishing expedition and Cops will recognize "requests" that come from websites that sell Radar/Laser detector/jammer gear and anti-Police groups. As this is the law, you have to ask the correct questions in the correct way to get a legally required response. Court is about "legal" and you must play by the rules - the Cops have to. If you made a legal request for specifics and he did not respond, then he knew that the JP would likely toss the VT because he did not respond and that may be why he withdrew the VT.

Yup, I asked him for radar readings, radar calibrations, hand documented notes and everything that will be presented in court.

I guess that is why he tossed it out.

Thanks for all your help.

zulutango · 06-25-2011, 01:31 PM

Quote:

Originally Posted by StevenDuang

Yup, I asked him for radar readings, radar calibrations, hand documented notes and everything that will be presented in court.

I guess that is why he tossed it out.

Thanks for all your help.

Radar speed readings are supposed to be contained in the notes; Radar is not "calibrated" unless the unit is defective and is returned to the manufacturer who calibrates it; hand doccumeted notes are on the last page inside of the VT issued to you & retained by the Cop and "everything that will be presented in court" is far too broad a request. He is not going to pre-write an exact script of every single thing he will say and then read only that, word for word in court. If he even deviates by a single comma then defence could claim a lack of full disclosure. He will normally photocopy his notes from the VT back pages and send you that. Anything else has to be outlined in detail, in writing. The fact that you requested "calibration" shows that your request is not correct in its scope. Unless he tells you why he did not comply with a correct and timely disclosure request, then we all will never know. Buying a 649 ticket tonite?

Just as an aside, when I got a disclosure request that quoted from those websites or asked for things that are not required under BC laws, it spoke to me that the person asking would be very unskilled and lack the knowledge to be effective in casting doubt on my evidence. When it came to trial time I was always correct in my supposition. Once you start into the process of demanding things under the law, you mjust do things correctly or you don't have a chance. Your best best is to deal with a Lawyer who has knowledge and experience in MV Act/Regs trials. I have come across a lot of Lawyers who are skilled in CC Law but are completely unskilled in Traffic Law, and it shows in court. Most of them just wanted to enter guilt pleas for a reduced fine or wanted to proceed as a registered owner charge so their client got no points. I felt somewhat sorry for the disputants who hired them as they were not realy getting great bang for their buck. Some of them are also Crown Council prosecutors.