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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 08-28-2010, 01:13 AM   #1
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Ticket Dispute Possible? Not even close to local

hey guys, just wondering if there is even any possible way to dispute a ticket that was in Clearwater , BC?

Was on my way back from edmonton to vancouver and got a speeding ticket "Speedy MVA 146(3) $196" , in a 100km/h zone, apparently i was going 130

so i was just wondering if there is anyway i can even dispute that as my car was on cruise control going downhill a bit and there were no cars in front of me only 2 cars behind me in the evening which was not close to dark (100% visibility)

i live in richmond and i've tried looking everywhere but i dont seem to see a way to dispute the ticket without heading back to clearwater which is ridiculous

thanks
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Old 08-28-2010, 01:59 AM   #2
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LOL.

just pay it.
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Old 08-28-2010, 09:07 AM   #3
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You must attend court in the jurisdiction where the VT was issued if you wish to dispute it. Otherwise the issuing Officer would be flying all over BC to attend court in the disputant's hometowns. I write a speeder on Vancouver Island and he lives in Prince Rupert so I go there for court? Nope.
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Old 08-28-2010, 09:09 AM   #4
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lol Cops would be looking for out of town licence plates so they could go on vacations

If you hit a person while going 130 with cruise control on, would you blame cruise control for not swerving?
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Old 08-28-2010, 11:24 AM   #5
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You can dispute the fine amount by writing in, but if it is $138, that's already as low as it can go.
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Old 08-28-2010, 03:07 PM   #6
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You're lucky you didn't kill someone.
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Old 08-28-2010, 05:39 PM   #7
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You're lucky you didn't kill someone.

cruise was set to 110 fyi, and i dont think going 10 km more then speed limit was to be any different when the roads r clear and u can see from a mile away

back on track

so i guess theres no way to dispute? it seems a little flawed as for those who are just hunting down non-local license plates so that people have no chance to dispute. i mean they can write w/e they want and we cant do nothing about it. all i can think of is provincial court but that is just a waste of time and money and that leaves an indisputable ticket
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Old 08-28-2010, 05:44 PM   #8
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^ I'm sure after they saw you were 30 over the last thing they thought about was
"If he's not local lets pull him over!"

In fact, I bet they didn't know where you were from until you were at a stop, trying to come up with a lame excuse....
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Old 08-28-2010, 07:34 PM   #9
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At which point during the traffic stop were you informed that you were driving 130km/hr in a 100km/hr zone?
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Old 08-29-2010, 12:39 AM   #10
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You know cruise control doesn't control the brakes, right? It will only keep a constant speed if the car slows below the set point. Your going down a hill will allow the car to accelerate (thank you, gravity).. the cruise won't stop that.

Unless you have a brand new Ford..
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Old 08-29-2010, 01:19 AM   #11
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I don't get what your basis would be for a dispute. That you felt it was safe to drive over the posted limit given the conditions? That wouldn't get very far.

Oh and jlenko, I've been told some Dodge trucks do that too.
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Old 08-29-2010, 06:55 AM   #12
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"it seems a little flawed as for those who are just hunting down non-local license plates so that people have no chance to dispute. i mean they can write w/e they want and we cant do nothing about it. "


So you're saying that the Cop can see a speeding vehicle going 130 kmh and in a split second know that it is from out of town and decide to stop it and write a ticket for 30 over the limit? I must have missed that course in my training. Every vehicle I ever stopped for speeding, I stopped because it was breaking the law....then I found out who the driver was and issued the VT. Your logic doesn't work...I mean, what if the car is registered in Vancouver but is being driven by a local...or should all out of town drivers be permitted to break the laws and only locals be charged? When I stopped people from Australia, Switzerland or Texas, driving BC registered vehicles, some even locally registered vehicles, they got VTs if appropriate. It's not my job to collect the money or schedule any court dates. If they want to dispute it badly enough then they follow the process....and yes I have had a couple dispute....US citizens, who come here every summer. They showed for court and ended up getting convicted just like a local, and were given the appropriate penalty just like a local resident.
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Old 08-29-2010, 08:04 AM   #13
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wtf is there to dispute? Your car sped up going down a hill, and you didn't do anything to slow it down.
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Old 08-29-2010, 11:33 AM   #14
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Every vehicle I ever stopped for speeding, I stopped because it was breaking the law....then I found out who the driver was and issued the VT.
Any time you stop a car for "speeding" it is because a violation took place. Now, we know that many such stops result in the driver being given a warning and a wag of the finger and nothing more.

Your decision to ticket vs. warn may be influenced by the driver's driving history, but this typically isn't discovered until after his place of residence is known.

Therefore it is completely reasonable to conclude that location may in fact weigh in on any decision you make to ticket vs. warn.

Unfortunately for the OP, the officer is not required to prove the recorded travel speed to the driver. With the knowledge that an out-of-town driver is unlikely to travel back to fight the ticket, it's not out of the realm of possibilities for the officer to write a higher than recorded speed on the ticket.

In the unlikely event it ended up in court, it would be an easy win for the officer with no damage to his reputation - "While he had his cruise control set to ### km/hr, he unknowingly allwed his vehicle to increase speed to ### km/hr while coming down a hill."

On the best of days a driver has little recourse against a speeding ticket. The OP could have been cited for 50km/hr over the limit and would have little chance of winning a dispute.
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Old 08-29-2010, 11:39 AM   #15
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A BC plate looks the same whether you're from Vancouver or Prince George. There is no way for us to target out of town drivers the way some people are suggesting.
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Old 08-29-2010, 11:41 AM   #16
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sebberry, it should be obvious from this:

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You can dispute the fine amount by writing in, but if it is $138, that's already as low as it can go.
that the officer was being nice already.

The OP got a ticket that he deserved. Whether he is a local or out of towner shouldn't matter. Why are you assuming that the officer only gave him a ticket because he wasn't a local?
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Old 08-29-2010, 11:51 AM   #17
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The OP's ticket was for $196, I don't see the officer being "nice"

I'm not saying that the officer only gave him a ticket because he wasn't local, I'm saying that the decision to ticket vs. warn isn't always made until after the driver's home city is known.

An out of town driver is less likely to waste time and money disputing the ticket. It is completely reasonable to expect that the officer will weigh this fact into his decision to warn vs. ticket.
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Old 08-29-2010, 11:55 AM   #18
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A BC plate looks the same whether you're from Vancouver or Prince George. There is no way for us to target out of town drivers the way some people are suggesting.
But it isn't until after you know where he lives that you return to his car with a ticket or warning.

Now if you were standing at the roadside handing out pre-printed tickets to every single driver that was speeding without first checking his address and whatever else you check, then your argument would make sense.
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Old 08-29-2010, 12:00 PM   #19
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The only time I care about the driver's address is when asking the driver to confirm the information listed on his driver's licence. The driver's attitude & driving history are generally what sway my decision to ticket or warn if I haven't already decided based on the circumstances of the offence.

There are circumstances where I will pull people over simply to warn them of their driving behaviour and let them go with that warning. Other times when I pull people over to warn them, they walk themselves into a ticket. Other times still, when I pull people over to give a ticket and they leave with a warning. None of that ever has anything to do with where they live.
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Old 08-29-2010, 12:08 PM   #20
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You know cruise control doesn't control the brakes, right? It will only keep a constant speed if the car slows below the set point. Your going down a hill will allow the car to accelerate (thank you, gravity).. the cruise won't stop that.

Unless you have a brand new Ford..
Engine braking will limit/reduce speed somewhat if the hill isn't too steep. Our '96 Grand Caravan maintained speed down most hills just fine. My '03 MPV does a pretty good job of it too.
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Old 08-29-2010, 12:20 PM   #21
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The OP's ticket was for $196, I don't see the officer being "nice"

I'm not saying that the officer only gave him a ticket because he wasn't local, I'm saying that the decision to ticket vs. warn isn't always made until after the driver's home city is known.

An out of town driver is less likely to waste time and money disputing the ticket. It is completely reasonable to expect that the officer will weigh this fact into his decision to warn vs. ticket.
My bad, I misread the above. The fact remains though that the OP got a ticket that was deserved based on the fact that he WAS speeding. If you only want to get tickets you can easily dispute (for some stupid reason) then drive more carefully when out of town.

Do you honestly believe that officers sit in their cars looking at someones information, thinking to themselves "aha! this guys from out of town! I'll be sure to give him a ticket instead of a warning because he can't dispute it! muahahaha."? When they see an infraction and pull someone over, they're completely justified in giving the offender a ticket. There's nothing that says they have to give warnings or breaks to anyone( AFAIK)
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Old 08-29-2010, 12:24 PM   #22
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Unfortunately for the OP, the officer is not required to prove the recorded travel speed to the driver. With the knowledge that an out-of-town driver is unlikely to travel back to fight the ticket, it's not out of the realm of possibilities for the officer to write a higher than recorded speed on the ticket.
Wow, this forum SO needs a FAIL button.

I'm frankly impressed with the restraint of the mods... if I was a cop with a gun, I'm pretty sure I'd have tracked you down and shot you in the face by now.
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Old 08-29-2010, 12:38 PM   #23
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if I was a cop with a gun, I'm pretty sure I'd have tracked you down and shot you in the face by now.
That's an interesting position for a pro-enforcement type to be taking.
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Old 08-29-2010, 02:25 PM   #24
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wow its heating up in here

but yes, i would just pay it
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Old 08-29-2010, 03:26 PM   #25
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That's an interesting position for a pro-enforcement type to be taking.
I'm not pro-enforcement, I'm anti-stupidity.

Edit: and no, I'm not saying YOU'RE stupid.

Your comments are stupid, and your attitude is stupid.
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