Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
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07-24-2012, 07:07 AM
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#26 | | RS Peace Officer
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Yep...and now add cause pursuit or fail to stop to the charges. When a Cop car turns the lights and siren on you are required to immediately pull to the nearest curb and stop. Driving until the next town is gonna get you in a heapa trubble boy!
Approach of emergency vehicle
177 On the immediate approach of an emergency vehicle giving an audible signal by a bell, siren or exhaust whistle, and showing a visible flashing red light, except when otherwise directed by a peace officer, a driver must yield the right of way, and immediately drive to a position parallel to and as close as possible to the nearest edge or curb of the roadway, clear of an intersection, and stop and remain in that position until the emergency vehicle has passed.
Failing to stop and state name
73 (1) A peace officer may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as a peace officer, must immediately come to a safe stop.
Try this down in some US States and you have committed a felony and they are permitted to use deadly force. Believe they call it felony evasion.
Last edited by zulutango; 07-24-2012 at 07:13 AM.
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07-24-2012, 05:43 PM
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#27 | | Need my Daily Fix of RS
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That's why for a special case like this, it will have to go to court and the judge will deem if you are in the right or wrong. Would you take a chance for your family to be stranded in the middle of nowhere for 6 hours, and to be forced to hitchhike with a complete stranger that could be a whack job. I'm sorry, but my family safety would come first and I wouldn't even hesitate on hiring a lawyer. As for U.S. ...... criminal defense attorney.
Do pull over only when it's safe
You are not required to immediately pull over when you see the police car with his/her lights on. You are required to pull over, but only when it is safe to do so and when you feel comfortable. If you are on a highway it is recommended that you pull off the highway at the next off ramp and find a safe place to park. One suggestion is a shopping plaza or mall where there are lots of other people around. While it may feel embarrassing to have others see you pulled over by the police, it is always safer to stop where there are many people around.
When stopping, make sure you do so in a correct manner. Park where it is legal to do so and make sure you park no more than 12 inches away from the curb. If you wish, you may leave your emergency flashers on unless the officer asks you to turn them off. Pulled over by the police? Don't panic.
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Last edited by hillmar; 07-24-2012 at 06:00 PM.
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07-24-2012, 06:41 PM
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#28 | | RS Peace Officer
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So I worked Traffic for 28 years, all but 8 of those in BC and have stopped literally thousands of vehicles in that time. I guess your superior knowledge and past experience, coming from a US lawyer's website trumps what the BC MV Act says and what my court experience in these exact charges has shown me. The fact that you are deliberately refusing to stop in order to avoid a penalty imposed by law, should be a great defence to offer to the JP.
Section 177 and 73 obviously are vague and open to interpretation at roadside by anybody who wishes.
and immediately drive to a position must immediately come to a safe stop. Obviously can't mean what they say.
Wish I could be there in court that day. I'm not being sarcastic, just astonished at how anybody could come to your conclusion and I would love to see the JP's decision in your favour.
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07-24-2012, 07:21 PM
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#29 | | Need my Daily Fix of RS
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Only reason why I linked the US website is because you said "Try this down in some US States and you have committed a felony and they are permitted to use deadly force. Believe they call it felony evasion."
I'm not going to argue with you on this subject on how the JP's going to rule because obviously something like this situation is remote and I have never heard about it till I came upon this thread. But I have been to a few traffic court cases in my time and found a few JP's to be pretty understanding and compassionate.
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07-24-2012, 08:15 PM
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#30 | | RS Peace Officer
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I havve been to many hundreds of traffic court dates and found that they based their decisions on the law. I also have friends in Law Enforcement in the Us and they play a much tougher game than we do. Mess with them by not pulling over ASAP and you can find yourself dead. Several States have laws that say if you fail to stop by driving around a PC trying to stop you, you are subject to deadly force. In Canada Police are forbidden ( almost) to shoot at a vehicle or use deadly force to stop it...no so down south. Ever watch COPS on TV...they shoot at a lotta cars there. Never see that in Canada.
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07-24-2012, 08:22 PM
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#31 | | I subscribe to Revscene
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That's because the US is a full fledged police state, with many of the same values slowly being instilled in Canadians.
I hate to think where Canada will be in 20-40 years.
Really? Shooting to kill someone who didn't stop so they could be handed traffic ticket?
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07-25-2012, 06:17 AM
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#32 | | RS Peace Officer
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It's called "felony evasion"...I don't write the laws or live or work there...they do.
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07-25-2012, 06:32 AM
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#33 | | NOOB, Not Quite a Regular!
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Death sentence for speeding? Lets see your car gets impounded and you stranded in the middle of nowhere with no forms of communicating with someone to come pick you up. I would not stop in the middle of bear country or on the side of the highway for anyone, my point is how ridiculous this new law is. Instead of people pulling over for speeding they are going to second guess it and make a run for it, now they are speeding and most likely going to lose control with increased possibilities of killing someone. What happened to old fashion police work like taking the plate number and catching up with that person. Giving the police to much authority is dangerous.
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07-25-2012, 10:42 AM
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#34 | | I subscribe to Revscene
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Originally Posted by zulutango  It's called "felony evasion"...I don't write the laws or live or work there...they do. | I know you don't.
What's more scary is the fact that the US has police officers who are prepared to kill an unarmed individual. I don't want my neighbourhood policed by those sorts of goons, do you? I suppose you could protest it, but then the police simply open fire with rubber bullets on women and children as they just did in Anaheim furthering the violence and destruction even more.
Perhaps it's out of control cops like that that spur laws such as Indiana's that now allow citizens to fire at government officials who unlawfully attempt to enter their home, including the police.
The US is a perfect example of where NOT to take Canada. Sadly it's already happening. The more you start to clamp down on petty activities, the more police and security you need. The more police and security you have, the more petty activities you can clamp down on. The more civilians become conditioned to this, the more you can control them.
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07-25-2012, 01:25 PM
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#35 | | I am Hook'd on RS
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Sounds like since you asked him to test the device, he took it personally. And wanted to be a dick. Cops have little man syndrome and love to exercise their authority over others.
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07-25-2012, 06:17 PM
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#36 | | Rs has made me the man i am today!
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Originally Posted by highres604 Sounds like since you asked him to test the device, he took it personally. And wanted to be a dick. Cops have little man syndrome and love to exercise their authority over others. | A highly accurate and detailed statement executed in great fashion from an educated, intelligent upstanding citizen... I'm sure.  | |
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08-14-2012, 02:16 PM
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#37 | | Everyone wants a piece of R S...
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Did you ask the tow truck driver for a ride into town?
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08-14-2012, 02:56 PM
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#38 | | I subscribe to Revscene
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I suppose you could offer to buy the tow truck driver some lunch and have him drop the car at the gas station for you to drive off in...
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08-16-2012, 10:13 PM
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#39 | | OMGWTFBBQ is a common word I say everyday
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| AFAIK, Radar guns have an allowed discrepancy of 2 KMH, So if you're wife had been going 141, It would be accepted she was driving 139, and therefore only received a (large) ticket.
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08-17-2012, 10:49 AM
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#40 | | Where's my RS Christmas Lobster?!
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I would never ask the officer to test the device on the spot, I would just shut up take the ticket dispute it and then when court dates roll in smoke the cop on calibration, procedures, etc. A wrong hit or just an accidental drop or whatever to the gun could have misaligned the scope, which is why its mandatory for officers to calibrate before and after their shift if they plan to use the device.
For your situation its pretty shitty. I agree with some of the other folks on here, it seems like something is missing to cause the cop to be such a dick head. But if it really went down like you said I would take it to court and talk to some legal consultants to see what your options are in terms of possible compensation, cops are suppose to protect citizens, and the officer if he didnt want to give you a ride should have arranged something for you, even a taxi on your dime is better than nothing. Completely unethical even if you were a dick to him.
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08-17-2012, 11:32 PM
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#41 | | NOOB, Not Quite a Regular!
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So let met get this straight: you guys were going 40KM over, ENDANGERING EVERYONE ELSE ON THE ROAD and got your car impounded. Sounds like a slap on the wrist to me.
I for one, am glad the cop left you guys in the middle of nowhere without a car, because that's what you two deserve (actually worse imo).
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08-18-2012, 04:03 PM
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#42 | | RS Peace Officer
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Originally Posted by dared3vil0 AFAIK, Radar guns have an allowed discrepancy of 2 KMH, So if you're wife had been going 141, It would be accepted she was driving 139, and therefore only received a (large) ticket. |
Radar "guns" are accurate to + or - 1 kph...only because they display in whole numbers, not fractions. You will never get a VT for going one kmh over a posted limit unless there is some reason that going the limit itself was not appropriate.
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08-20-2012, 07:41 AM
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#43 | | Banned By Establishment
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Based on previous posts from OP, I start to see a trend where a) he does something wrong, b) in turn, people are assholes in dealing with him leading to c) the world is out to get him.
Applying my equation there, I get "we were speeding. Instead of taking the ticket and shutting my mouth, I decided to get lippy and question the officer's position in life, and maternal lineage. Therefore, the officer said 'screw this' and stranded me. Now I whine."
Don't get me wrong, I hate the very existence of this law, I think its wrong and skirts the very process of our laws.
But don't cry foul because you don't know how to handle being pulled over.
Words like, "yes, officer" and "thank you officer" go a LONG way even if saying them is like sucking on a greasy coin to you. Just grit your teeth, fake a smile and do NOTHING to inspire them to put an asterisk next to your name that says, "if this asshole challenges the ticket, make DAMNED sure I go to court that day"
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08-21-2012, 10:33 PM
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#44 | | What hasn't Killed me, has made me more tolerant of RS!
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Originally Posted by Yodamaster Let me put it this way.
What gives her the right to speed?
The fact that you thought that the officer was endangering you, more than your wife was endangering everyone around her is laughable at best.
You failed to tell your wife to slow down and you guys got caught, and you were unhappy about the fact that the police officer had as little respect for you as I do right now?
The sense of entitlement in the face of commiting a crime is disgusting... everywhere. | Wow, get off that high horse already.
Yeah, his wife speeded, so now they should get stranded 75km+ from town at night? I'd hope you never get into political office, Nazi idiot.
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08-30-2012, 07:29 PM
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#45 | | Marcosexual Fan Club, CEO
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Originally Posted by Yodamaster This is assuming that you guys were going that fast.
Let me put it this way.
What gives her the right to speed?
The fact that you thought that the officer was endangering you, more than your wife was endangering everyone around her is laughable at best.
You failed to tell your wife to slow down and you guys got caught, and you were unhappy about the fact that the police officer had as little respect for you as I do right now?
The sense of entitlement in the face of commiting a crime is disgusting... everywhere. | Idiot. Speeding is not a CRIME, nor are speeders criminals. It is simply a violation of the MVA, not the Criminal Act. I suggest you educate yourself on the difference. 143 km/h is perfectly safe under the right conditions.
The complaint here is that the penalties are disproportionate to the offence's impact on society. I happen to agree. This is a bad law and the sooner we're rid of it, the better.
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08-30-2012, 07:35 PM
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#46 | | Marcosexual Fan Club, CEO
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Originally Posted by gars Have YOU ever been on the Autobahn? I have, a few times. The sections that have no speed limits are far from city centres with very few on ramps and exits. They are also very straight, except for gentle curves, and the lanes are very wide.
There are very few highways in BC that satisfy those conditions. | There are many highways in BC that can easily satisfy 142 km/h.
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