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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 01-01-2009, 03:04 PM   #1
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Just got a ticket for over passenger.

And was searching forums for info and I found this:

Quote:
Originally Posted by gars View Post
when my buddy got a ticket for too many passengers in the car, the judge threw out the ticket because the officer didn't write down any names of the people in the car.
Can anyone confirm if the police officer is supposed to write down the names of the people in the car? Reason I'm asking is because I'm trying to dispute this. ( and yes, I know I'm in the wrong and that I should own up to it ) My class 5 date is March 8th and I'm just trying to postpone this until I get my class 5. However, if I can possibly throw out the whole ticket I would prefer that.


Thanks in advance!

-- What a horrible way to start the new year...
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Old 01-01-2009, 03:22 PM   #2
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It might depend on the JJP. Each one has their own particular nuances when it comes to things like that. I've never written down the names of the passengers. I will, however, ask if any of the passengers are immediate family or class 5 drivers over 25 and record the answer (usually a "no") in my notes. If the passengers say yes, then I ask to see ID as proof.
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Old 01-01-2009, 06:11 PM   #3
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Names are not important. All the officer has to satisfy the court is that the numbers were too large for the circumstances. I suspect you are referring to a case where the officer was unable to say with certaintly if there were family members in the vehicle.
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Old 01-01-2009, 06:27 PM   #4
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Quote:
Originally Posted by moomoocow View Post
However, if I can possibly throw out the whole ticket I would prefer that.


-- What a horrible way to start the new year...


Way to be taking responsibility. I would prefer to have the ticket thrown out! hahaha I think everyone in the world would.

And as per a horrible way of starting the new year, you really have no one to blame but yourself.

And no, that cannot be your defense. You must somehow prove the officer wrong in his number of people or the if someone is family/over 25.
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Old 01-03-2009, 10:31 PM   #5
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I know I'm in the wrong and that I should own up to it
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Old 01-04-2009, 04:43 PM   #6
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be a man and own up to it, dont waste the courts time
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Old 01-04-2009, 11:14 PM   #7
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Quote:
Originally Posted by moomoocow View Post
And was searching forums for info and I found this:



Can anyone confirm if the police officer is supposed to write down the names of the people in the car? Reason I'm asking is because I'm trying to dispute this. ( and yes, I know I'm in the wrong and that I should own up to it ) My class 5 date is March 8th and I'm just trying to postpone this until I get my class 5. However, if I can possibly throw out the whole ticket I would prefer that.


Thanks in advance!

-- What a horrible way to start the new year...
If your class 5 test is in March, don't even worry about it. Do what I did.

Dispute it, wait until after you get your class 5, and then go into a MV branch and just pay up. I did that and everything worked out fine. Mind you I left it until I got my court date (almost a year later) and then didn't go, and just paid up.

you will NOT get a court date within 3 months. it's not possible, so just put the money aside (pay for the ticket) but only after you get your class 5.
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Old 01-04-2009, 11:16 PM   #8
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oh, and they will ask you when you take your test about that particular ticket because it will show up on the computer.

just keep the dispute papers and bring them with you, just let them know it's currently being disputed and they will let you take the test.

if you just don't pay it for 3 months without disputing it, they won't let you take the test because you have outstanding fees due to ICBC.
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Old 01-05-2009, 12:37 AM   #9
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same thing happened to me two nights ago.
But I deserved it :|
lesson learned.

Last edited by skidmark; 01-05-2009 at 06:13 PM. Reason: language
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Old 01-05-2009, 08:29 AM   #10
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Quote:
Originally Posted by CRS View Post


Way to be taking responsibility. I would prefer to have the ticket thrown out! hahaha I think everyone in the world would.

And as per a horrible way of starting the new year, you really have no one to blame but yourself.

And no, that cannot be your defense. You must somehow prove the officer wrong in his number of people or the if someone is family/over 25.
Quote:
Originally Posted by jlenko View Post
Quote:
Originally Posted by hotjoint View Post
be a man and own up to it, dont waste the courts time
The problem I have with this is the points, I'll gladly just pay for the fine but I just don't see ( never did ) what the passenger restriction is there for ( but nonetheless I followed it, although not religously ) and to top it off for it to carry points? Seems totally idiotic to me.


Quote:
Originally Posted by falcon View Post
If your class 5 test is in March, don't even worry about it. Do what I did.

Dispute it, wait until after you get your class 5, and then go into a MV branch and just pay up. I did that and everything worked out fine. Mind you I left it until I got my court date (almost a year later) and then didn't go, and just paid up.

you will NOT get a court date within 3 months. it's not possible, so just put the money aside (pay for the ticket) but only after you get your class 5.
Quote:
Originally Posted by falcon View Post
oh, and they will ask you when you take your test about that particular ticket because it will show up on the computer.

just keep the dispute papers and bring them with you, just let them know it's currently being disputed and they will let you take the test.

if you just don't pay it for 3 months without disputing it, they won't let you take the test because you have outstanding fees due to ICBC.

Thanks for the advice, cleared up a lot of questions I had. =] I think I just might do that, dispute, wait for class 5 and then just pay. Thanks for the help!
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Old 01-05-2009, 08:59 AM   #11
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Quote:
Originally Posted by moomoocow View Post
The problem I have with this is the points, I'll gladly just pay for the fine but I just don't see ( never did ) what the passenger restriction is there for ( but nonetheless I followed it, although not religously ) and to top it off for it to carry points? Seems totally idiotic to me.







Thanks for the advice, cleared up a lot of questions I had. =] I think I just might do that, dispute, wait for class 5 and then just pay. Thanks for the help!

Part 1:
More passengers your age = more peer pressure. The peer pressure can make you feel more inclined to speed or to do risky stuff. That is why you have the 1 passenger rule. This is backed up by stats regardless of what you say. I know that it doesn't affect you like it does joe teen over there.

Part 2:
Good on you.
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Old 01-05-2009, 04:01 PM   #12
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i remember specifically about an incident that happened with my high school gr 10 class. this was before the 1 passenger rule - a car with 5 seatbelts and 6 people was driving to the driving range for gym class. the exact quote is "hey, how fast do you think you can take that roundabout?" the car ended up smoking a tree - with pretty serious injuries to everybody in the car.
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Old 01-05-2009, 04:10 PM   #13
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Quote:
Originally Posted by moomoocow View Post
The problem I have with this is the points, I'll gladly just pay for the fine but I just don't see ( never did ) what the passenger restriction is there for ( but nonetheless I followed it, although not religously ) and to top it off for it to carry points? Seems totally idiotic to me.
I agree with you.. I think it's stupid. While I missed the whole "graduated licencing" program by, oh.. a few years... I still think that's the dumbest part of the whole works.

Ontario recently passed a law similar to the BC graduated licencing program... but they specifically DIDN'T pass the part about having only 1 passenger. I wonder if some pressure on your MP might help??? Doing something about it is better than breaking it.

But until then.. the law is the law.
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