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

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Old 05-19-2009, 01:37 AM   #1
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Excessive Speeding Ticket on HWY 97

Okay so I was driving back from Kelowna on HWY 97 going moderately down hill, it was a 110 zone and I was passing this truck with a wonky carrage on the back on the left lane, my friend yells watch out, So I quickly floor it to avoid getting hit, ( note I drive a 745i so it jumps when u floor it) now on the on coming lane there is an RCMP officer driving towards me at the time of this incident, who I can clearly see infront of me, so why would I speed on purpose. Any ways few seconds later he busts a U-Turn pulls me over says im going I was goin like 160 in a 110 zone, I explained to him the situation I even pointed out the pickup trucker and the trailer and he looked at it in the distance and I also humbley admited to him before the incident I was cruizing at about 120km/h with the flow of traffic, he said yeah most people are averaging a bout 118km/h right now anyhow. So he goes and rights me a ticket for #1 Excessive Speeding and #2 Failure to display N sign, which I did have one on the back before I left, he's like here I'll give u another on and when he tried to stick it to my car it wasn't sticking properly either so it's obvious thats how the previous one came off. He said he gave me the failure to display ticket because It doesn't give me points. I've got other witnesses to the incident, who were in the vehicle with me at the time ( friends, one who was teh 25 year old superviser with a class 5).

So now I have some questions? This is my first ticket ever! I've got a clean driving record from my 3 years of having a license.

Now some questions

Is the officer supposed to write the speed you were driving on the ticket? because like how is he supposed to remember in the event that I dispute it, all he wrote was excessive speeding?

Also I had temporarly insured my car for 5 days, I put the temporary paper on where the regular Metal liscense plate is, and Took my expired liscense plate and kept it in the window, because I'm going to get aircare in a few days and insure it properly again. So on the ticket the officer wrote the expired insurance liscene plate number down ( My actual metal one in the window ) not the temporary paper number? So does this mean the ticket is inaccurate? I can prove that the car wasn't insured under that liscense plate number at the time. Also on the ticket where he wrote my Metal liscense plate number his writing of MGX looks like HGX. So does this also make the ticket inaccurate? I'm not planning on using these as my defence in my dispute, I'm going to tell the actual story with a witness, but is it worth mentioning these points as well?
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Old 05-19-2009, 08:08 AM   #2
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Things I would like to point out.

1. You can't speed over the limit. Ever. Doesn't matter if you're passing.
2. Your friends cannot be witnesses as they are in your car and will show bias.
3. No he does not need to write the speed down on the ticket, he has notes for that reason.
4. Read "grey area"
5. You admitted guilt. It is pretty much a close case.
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Old 05-19-2009, 05:14 PM   #3
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if you see a cop, and the truck in front of you has a sketchy trailer, fall back instead of punching it. where exactly were you, coming down into Westbank towards the McDonalds? if so there's a light at the bottom of that hill anyways.
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Old 05-19-2009, 06:04 PM   #4
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judge: "were you speeding"
you: "well yessir but, blah blah blah"
judge: "so what exactly are you disputing? quit wasting the courts time"

save yourself the time, buck up and pay the ticket
chances are you are going to loose your license over this as well
gg no re
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Old 05-19-2009, 07:21 PM   #5
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Doesn't him not writing the wrong liscense plate number make the ticket invalid?
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Old 05-19-2009, 07:27 PM   #6
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"Bad handwriting" is not cause for rejection if the Officer can explain. If everything else is correct then I can not see the VT being tossed. Keep in mind that you have a carbon copy and the exact pen strokes might be much clearer on the original of the VT. An H can look like an M, depending on the handwriting and who interprets it. Considering the speed you admitted doing I would not want the entire evidence of what I did being entered in court. Instead of speeding up to over 100mph...why did you just not brake and move out of the way? It takes a lot longer to accelerate from 110 to 160 than it does to brake just a bit and move out of the way. If I issued the VT those are questions I would be asking you under oath?
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Old 05-19-2009, 08:11 PM   #7
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2. Your friends cannot be witnesses as they are in your car and will show bias.
That is not true. It is up to the justice hearing the case to decide what weight to put on the testimony.
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Old 05-19-2009, 09:08 PM   #8
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^^ZT reading fail again... there was nothing about bad handwriting; the cop wrote down the metal plate number (which was expired but placed in the window), rather than the temporary permit number that was on display, which he was operating on at the time.
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Old 05-20-2009, 07:47 AM   #9
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I responded to the handwriting portion of the long question. As a purveyor of bad handwriting ( mea culpa) I have had the arise in court and I have not lost a VT because of it. I have also written tickets where I used the expired BCL on the car in the VT and stated that it was displaying the plate, that was expired. The plate belonged to that vehicle but was not currently registered for it. The TOP is just that and I have never run into a VT being tossed because the TOP # was not used. When dealing with vehicles never registered in BC and bearing no plates at all, I have just left the space blank but recorded the VIN # in my notes.
Based on my personal experience in Traffic Court, I don't believe the JP would toss the VT because the Cop used the BCL assigned to the vehicle but not currently valid, and did not use the TOP. If the BCL belonged to another vehicle completely, then there may be an issue of identification of the vehicle in question....that does not exist as explained to us here. Although not explained here, I'm guessing that the Cop used the expired registration papers or just ran the BCL in the computer for vehicle details. The TOP numbers are supposed to be in the system when issued but that has not always been so in my experience.
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Old 05-21-2009, 08:27 PM   #10
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Speeding is prohibited even if you are trying to put a dangerous situation behind you. Next time be part of the collision.
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Old 05-21-2009, 10:08 PM   #11
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Speeding is prohibited even if you are trying to put a dangerous situation behind you. Next time be part of the collision.
Strange but true - if an animal jumps in your path, you're better off (from a legal/insurance standpoint) to hit it, rather than swerve to miss it and crash into the ditch or roll your car.
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Old 05-26-2009, 06:22 AM   #12
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i got the same ticket before. i disputed. Officer showed up. I argued with the officer before court started saying i wasnt speeding that fast. he agreed to lower it simple speeding ($483 to $139)
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Old 05-29-2009, 04:52 PM   #13
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You can question his ability to judge your speed in court. Request the police detachment to present you with their evidence against you. (all notes etc.) The only thing is that you admitted to speeding.
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Old 05-29-2009, 05:35 PM   #14
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You can question his ability to judge your speed in court. Request the police detachment to present you with their evidence against you. (all notes etc.) The only thing is that you admitted to speeding.
Which means that nothing else matters.

Admitting to guilt will result in an open and shut case.
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