REVscene - Vancouver Automotive Forum

DK33 · 02-09-2009, 06:02 PM

Okay so I got ticketed for street racing and got the following papers: MVA 242, a court appearance notice, notice of prohibition and got charged with MVA 144(1)(a). Does that apply as a criminal charge? Am I suppose to lawyer up? What could happen? I really don't know what to do. Help please.

kc1337 · 02-09-2009, 06:07 PM

Maybe you could elaborate on the situation on why you received the ticket, the more knowledge we know the better we can help you.

Berzerker · 02-09-2009, 06:18 PM

Did you win the race?

Your lucky you didn't get your car taken away.

Berz out.

skidmark · 02-09-2009, 06:19 PM

No, nothing criminal here. 6 points on conviction, whatever fine the court chooses to impress and the certainty of a further prohibition if you are a GLP driver and the definite possibility of a further prohibition if not.

Try lawyer referral to see what kind of advice you get.

MegaMx · 02-09-2009, 08:27 PM

Quote:

Originally Posted by Berzerker

Did you win the race?

x2

BNR32_Coupe · 02-09-2009, 11:22 PM

Quote:

Originally Posted by Berzerker

Did you win the race?

Your lucky you didn't get your car taken away.

Berz out.

There's no room for sarcasm in this forum. Street-racing, albeit illegal, was a choice he made himself, and we should respect his rights to making his own decisions.

DavidKim89, plead guilty.

Soundy · 02-10-2009, 06:24 AM

Quote:

Originally Posted by BNR32_Coupe

There's no room for sarcasm in this forum. Street-racing, albeit illegal, was a choice he made himself, and we should respect his rights to making his own decisions.

DavidKim89, plead guilty.

Plenty of room in this forum to be guilty until proven innocent, though, eh?

Berzerker · 02-10-2009, 06:37 AM

I wasn't being sarcstic.... he could have had his car taken away.

Skidmark, if an officer felt someone was street racing enough to give them a ticket for it, at what point WOULD it become a criminal matter? Is it the choice of the officer and what factors are taken into consideration when issuing a ticket like this? Speed, location, etc.....

Berz out.

MegaMx · 02-11-2009, 07:16 AM

I'm actually surprised the officer didn't take the car away because I'm pretty sure that's in their power to do.

skidmark · 02-11-2009, 11:26 AM

Quote:

Originally Posted by Berzerker

at what point WOULD it become a criminal matter? Is it the choice of the officer and what factors are taken into consideration when issuing a ticket like this? Speed, location, etc.....

The ultimate approval of all criminal charges lies with Crown Counsel. The police gather the evidence and submit a report to them with charge recommendations.

Criminal charges from street racing would most likely be either impaired driving, dangerous driving or criminal negligence in the operation of a motor vehicle. The factors that you mention are what would determine whether MVA or criminal charges would be proceeded with.

BNR32_Coupe · 02-11-2009, 11:49 AM

Quote:

Originally Posted by Soundy

Plenty of room in this forum to be guilty until proven innocent, though, eh?

Soundy, Don't get smart with me, son. This is a serious discussion thread, you're lucky you didn't get awarded points for that post.

Berzerker, scarcasm: "Did you win the race?" So did it matter if he won or not? Loser gets towed and charged for street racing right, and winner gets let off free of hassle?

Soundy · 02-11-2009, 07:33 PM

Quote:

Originally Posted by BNR32_Coupe

Soundy, Don't get smart with me, son. This is a serious discussion thread, you're lucky you didn't get awarded points for that post.

Well that's up to skidmark, not you. My comments WERE serious:

Quote:

Originally Posted by BNR32_Coupe

Berzerker, scarcasm: "Did you win the race?" So did it matter if he won or not? Loser gets towed and charged for street racing right, and winner gets let off free of hassle?

Quote:

Originally Posted by BNR32_Coupe

There's no room for sarcasm in this forum. Street-racing, albeit illegal, was a choice he made himself, and we should respect his rights to making his own decisions.

DavidKim89, plead guilty.

See, you've already decided he's guilty, based solely on the fact that he was written a ticket. Did you see the alleged race? Were you present in either vehicle? Were you the cop that wrote up the ticket?

No?

Then my comment applies.

6793026 · 02-12-2009, 08:21 AM

Let's be clear, we have no idea if OP in fact street raced or not, just cause you got a ticket for street racing, doesn't mean you really did. There's a fine line between speeding with traffic / other vehicle versus street racing.
If you have valid proof that you did not, you should take the time to write out what happened, draw pics and diagram and consult a lawyer.

hotjoint · 02-12-2009, 09:22 AM

Quote:

Originally Posted by Berzerker

Did you win the race?

Your lucky you didn't get your car taken away.

Berz out.

Mugen EvOlutioN · 02-12-2009, 10:37 AM

Quote:

Originally Posted by Berzerker

Did you win the race?

Your lucky you didn't get your car taken away.

Berz out.

Quote:

Originally Posted by hotjoint

LOL

if he did he wouldnt be here. If he won the loser in the back would've got pulled over and he could've keep on driving..

u see the definition of street racing could be so VAGUE.
how so? well off the light i could be redlining my first 2 gears just to see how my vtec does yet still within speed limite (say no burnt out). What could the officer ticket me? ummm lauched too fast?? i wasnt speeding. OKay say the douche bag next to me wanted to do the same or accelerate a little bit fast since u are the first car waiting at the light u get to control how u wonna accelerate. Wat if the cop behind us THINKS that we made eye contact and decided to give it a run when in real life no just one guy wants to get to speed limite faster while the douche bag next to the person is just doing sth similar on a coincedance basis?

zulutango · 02-12-2009, 10:54 AM

It could be considered an "unsafe start"...depending on the circumstances?

"Starting vehicle
169 A person must not move a vehicle that is stopped, standing or parked unless the movement can be made with reasonable safety and he or she first gives the appropriate signal under section 171 or 172.

Search the actual definition of street racing and see if it would apply in any particular set of circumstances you want to propose. It's up to an impartial Judge or JP, upon hearing all the facts, to decide if it meets the criteria of actual street racing under the Act.

MegaMx · 02-13-2009, 07:00 AM

http://www.autoblog.com/2009/02/13/o...n-unmarked-po/

BNR32_Coupe · 02-13-2009, 08:33 AM

Quote:

Originally Posted by Soundy

Well that's up to skidmark, not you. My comments WERE serious:

See, you've already decided he's guilty, based solely on the fact that he was written a ticket. Did you see the alleged race? Were you present in either vehicle? Were you the cop that wrote up the ticket?

No?

Then my comment applies.

Word for word battle against a cop - might as well plead guilty. What else can you do, pay off a random person to act as a witness to testify in court? Just hope the judge uses his intuition to believe that you're truly honest?

zulutango · 02-13-2009, 10:00 AM

http://www.autoblog.com/2009/02/13/o...n-unmarked-po/

This situation is where the "racing" is decided only because of the speed alleged. There was no actual "race" between vehicles, as has been discussed here. IF she is convicted under Ontario Law (different from BC law) then she should face an appropriate penalty. I find it amusing that they impounded her Police car. I don't know if they have the same appeal process we have in BC?

This is not a common situation and, IF this is all true, I can't imagine what prompted her to do this and why she ended up being stopped & ticketed? There are times Police exceed posted limits while on duty. You are responsible for anything/everything that happens and God help you if there is no justifiable reason for it. It starts with the ticket, criminal charges, civil charges (with no insurance coverage) and even if none of this is justified and you are found not guilty, you are still liable for Service Court charges (where you MUST give a statement) . Quadruple jeopardy. After the court case and all the information is a matter of public record, then we all will know what happened and why.

yvrnycracer · 02-13-2009, 04:45 PM

OOOh.... another FnF movie is coming out... started hearing the fear headlines today thanks to a couple of idiots who crashed last night because they were weaving in and out of traffic...

Let the profiling begin

On a serious note... You may want to consult a lawyer to have he/she look over your case if not represent you in court...

BNR32_Coupe · 02-17-2009, 10:16 AM

Quote:

Originally Posted by zulutango

http://www.autoblog.com/2009/02/13/o...n-unmarked-po/

This situation is where the "racing" is decided only because of the speed alleged. There was no actual "race" between vehicles, as has been discussed here. IF she is convicted under Ontario Law (different from BC law) then she should face an appropriate penalty. I find it amusing that they impounded her Police car. I don't know if they have the same appeal process we have in BC?

This is not a common situation and, IF this is all true, I can't imagine what prompted her to do this and why she ended up being stopped & ticketed? There are times Police exceed posted limits while on duty. You are responsible for anything/everything that happens and God help you if there is no justifiable reason for it. It starts with the ticket, criminal charges, civil charges (with no insurance coverage) and even if none of this is justified and you are found not guilty, you are still liable for Service Court charges (where you MUST give a statement) . Quadruple jeopardy. After the court case and all the information is a matter of public record, then we all will know what happened and why.

Sir, are you aware that you've posted a broken link? I'm going to have to ask you to check the link and repost the working one.

Fleemer · 02-17-2009, 10:47 AM

http://www.autoblog.com/2009/02/13/o...n-unmarked-po/

here...

zulutango · 02-17-2009, 11:06 AM

http://www.northumberlandtoday.com/A...aspx?e=1428668

Try this one as well...it DID work when I first posted it.

stutterr · 02-17-2009, 08:34 PM

Interesting link Zulutango.

Its about time stuff like that happened.

smoothie. · 02-17-2009, 10:08 PM

so a police vehicle on the road without its lights on is required to be following the speed limit?

ive NEVER seen a cop do 50km/h when they're at speed.

or does bc law allow cops to bypass that as long as theyre actually on a call or something?