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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 09-23-2009, 03:00 PM   #1
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Ticket after out of car

I am just curious, this happened to me a couple of years ago. I pulled a U-turn up the street, came back around and parked in front of the coffee joint. (the reason i pulled the u turn in the first place, there was a close spot!) anyhow after i got out of my car i walked in the store to get a coffee. there happened to be a police officer having a coffee in the shop, and he came up to me in the coffee line and told me to go back to my car and so he could write me a u turn ticket. haha can he do that?
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Old 09-23-2009, 03:06 PM   #2
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I don't see a problem with that.
It is the same as being pulled over except you are both not in your cars.
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Old 09-23-2009, 03:06 PM   #3
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Sure, if he saw you do it (which by the sounds of it, he did). He'll want your insurance papers, which would be in your car.
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Old 09-23-2009, 03:28 PM   #4
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there's a few things here I noticed. Goto court and ask.
Did you officer in fact see you from the moment the car committed an offence and did an U-turn and then at all time see you being the offender park your car and enter into the coffee shop. They key is: "Did the office have a visual on you at all times."

Let's say, the office saw a car but it happens that it was your gf driving. Both got off the car, both went into the coffee shop but only you went outside of your car. At which point, the officer gave you a ticket. There's a reasonable doubt he coudl have ticketed the wrong person.

sorry, hope that makes sense.
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Old 09-23-2009, 05:12 PM   #5
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yeah... they would have to prove that it was you driving etc. If he witnessed you commit the offense, get out of the car (from the drivers side) etc etc... you are caught!
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Old 09-23-2009, 11:31 PM   #6
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A couple of years ago eh?

So... did you pay it? Or fight it?
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Old 09-24-2009, 07:45 AM   #7
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Police can issue a VT up to 12 months after the offence date...can be issued to the owner or the driver. If it is issued to the driver they must be able to prove who was driving. As the owner of a vehicle you are required to identify the driver at the time the laws were broken. Just because the VT was issued does not mean an automatic conviction. The trial is where the present the evidence that will convict either the driver or owner of the vehicle. You get to ask questions, and they get to question you if you testify.
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Old 09-24-2009, 09:19 AM   #8
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just wondering, what could the cop do if you refused to go back to your car and get him the papers? you're not currently in the car and he didn't pull you over on the side of the road, so what is he gonna do... cuff you and take your keys? don't think so. do you even have to identify yourself to the cop? this isnt nazi germany where you have to show your papers or get thrown in jail... I'm guessing he would just take the plate number down and mail the ticket to the RO. in which case, there wouldn't be any points attached to the ticket just like a red light camera ticket? am i wrong?
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Old 09-24-2009, 10:13 AM   #9
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There are a number of possibilities. He could VT you for failing to produce your registration, he could VT you for failing to produce your DL and hand it to him and answer questions about it, If you insisted on standing in the roadway in the traffic flow he could tell you to get back into your car, if he had officer safety concerns that obstructed him in his VT writing, he could arrest you for obstruction. As the driver, you have to identify yourself...see above. VTs are not mailed, they have to be served personally to be valid.

Use of another's licence or permit; failure to permit inspection
70 (1) A person commits an offence if the person, while driving, operating or in charge of a motor vehicle on a highway does any of the following:

(a) uses or is in possession of

(i) a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act and belonging to another person, or

(ii) a fictitious or invalid permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act;

(b) refuses or fails to produce a subsisting driver's licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card, or consent issued to him or her under this Act when requested by a peace officer or constable to do so, or refuses or fails to permit it to be taken in hand for the purpose of inspection by the peace officer or constable.

(1.1) A person commits an offence if the person uses or is in possession of

(a) an identification card belonging to another person, or a fictitious or invalid identification card purporting to be issued or given under this Act, or

(b) a driver’s licence belonging to another person, or a fictitious or invalid driver's licence purporting to be issued or given under this Act, whether while driving, operating or in charge of a motor vehicle on a highway or not.

(2) A person who contravenes subsection (1) (a) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both

Failure 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.

(2) When requested by a peace officer, the driver of a motor vehicle or the person in charge of a motor vehicle on a highway must state correctly his or her name and address and the name and address of the owner of the motor vehicle.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

Last edited by zulutango; 09-24-2009 at 10:18 AM.
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