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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 09-24-2010, 09:00 AM   #1
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driving with undue attention and care

i was speeding in a 50 zone , was pulled over from a cop who was heading in the opposite direction. He accused me of going 100+ and came back with a ticket for driving with undue attention and care and unnesscary noise cause of my exhaust. With all honesty i was going maybe 80-85 , he couldnt of paced my car cause he wasnt behind me at the time when i was speeding, nor did he use radar. My court date is soon how should i handle this.
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Old 09-24-2010, 09:05 AM   #2
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Think about the new speeding laws that you will be under even if you manage to get away with this...

That's all I'm saying.
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Old 09-24-2010, 09:05 AM   #3
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First of all don your flame suit. Second you don't really have anything to dispute. He's not bringing speed evidence against you for proof. If he deemed your driving actions inappropriate for the area, or conditions then what are you going to say? You just admitted to being 30-35km OVER the speed limit. I would call that undue care and attention. The only thing you might be able to dispute is the exhaust if he didn't use a db meter to check the level.

Slow down on city streets and you won't have to worry about things like this. Just curious ... are you an N driver?

Berz out.
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Old 09-24-2010, 09:13 AM   #4
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no im not a N driver. I was planning to eat the fine and points and hopefully get it reduced since my record is clean other than a failing to yeild on a turn. My dad on the other hand says i should fight it since there was no proof of how fast i was actually travelling other than unreliable judgement.
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Old 09-24-2010, 10:08 AM   #5
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you should ask your dad to define unreliable judgment. I am sure the court will 'most likely' agree more with the cop's training as a good estimate on a lot of things.
i have won tickets like the ones you have but telling the judge the cop's judgment is unreliable is not giong to do you any good.
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Old 09-24-2010, 11:21 AM   #6
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well can you maybe give me some advice on how i can beat these tickets since youve beaten yours?
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Old 09-24-2010, 11:31 AM   #7
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Quote:
Originally Posted by Berzerker View Post
He's not bringing speed evidence against you for proof. If he deemed your driving actions inappropriate for the area, or conditions then what are you going to say?
x2 it will be hard to beat this. Best bet to to ask the officer to change the ticket to just speeding.
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Old 09-24-2010, 12:08 PM   #8
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ya thats what i want it to be speeding. less points and less of a fine. My first speeding related offence and ive never disputed a ticket before ... nerve wrecking .
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Old 09-24-2010, 12:29 PM   #9
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http://www.drivesmartbc.ca/qa/qa-how...traffic-ticket
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Old 09-24-2010, 11:31 PM   #10
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Think about the new speeding laws that you will be under even if you manage to get away with this...

That's all I'm saying.
Exactly. If he was in fact only going 85, that is not the 40km/hr over for an impound as required by the new law. The police officer in this case accused him of driving at least 50km/hr over the limit, which would be subject to an impound.

I think we're going to have a lot of cars impounded when they shouldn't be. Not saying that 85km/hr in a 50 zone is safe, but this is the level of power the police now have.
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Old 09-25-2010, 12:11 AM   #11
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To be convicted of driving without due care and attention requires the officer to prove that not only was it more than a momentary disembarkment from attention, it was also a marked deviation to how a normal, cautious and prudent driver would behave.

I'd try meeting with the officer before entering the courtroom and plead the fine down...

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Old 09-25-2010, 07:16 AM   #12
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I would call that undue care and attention.
I'd probably call it "driving WITHOUT DUE care and attention", since "driving with undue care and attention" means you're actually being MORE careful than necessary...
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Old 09-25-2010, 09:52 AM   #13
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I drive with undue care and attention all the time
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Old 09-25-2010, 06:21 PM   #14
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Of course you do...
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Old 09-25-2010, 06:35 PM   #15
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Doesn't look like it would handle very well.
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