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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 08-07-2012, 12:30 PM   #1
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Disputing Speeding Ticket- Interesting Situation

Wondering if anyone can offer advice. I was excessively speeding 51 over the limit and got caught in a radar trap, the cop had my speed on the gun. He told me that under the new legislation my car would be impounded for 7 days and administered a $354 ticket. There was a car that had gotten pulled over ahead of me and since I was just 30km outside of Kelowna I was hoping to get a ride in so I got out and went to talk to the girls. As we were speaking, I muttered something to a cop about not being able to leave and he looked at me and said "Why wouldn't you be able to leave, go ahead" and I said "What I thought I couldnt go" and he said a few more times reassuring me that I could go. There were 3 or 4 cops there and I could have SWORN that was the one that pulled me over. I was in complete shock and looked around for a few minutes, got back in my car and drove away. As I was driving I recollected my thoughts and realzied that I didnt have my DL or car insurance and that there obviously was a mistake and turned around and went back. All 4 cops came and talked to me and the cop who told me to leave admitted he had made a mistake in telling us to leave. My car was then towed, lisence and car insurance given back, and the cop drove me into town because I did not have a ride. I know that I cannot do anything about the private fees from the towing company but I am wondering if anyone thinks there is a loophole in fighting the $354 ticket I was given with the disorganization of the cops. Any advice at all is appreciated! Thanks
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Old 08-07-2012, 12:35 PM   #2
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Can't see how the cop's mistake of letting you drive away has anything to do with the validity of the ticket issued.
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Old 08-07-2012, 12:42 PM   #3
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I actually just noticed that the date of both tickets are also wrong!

It's more a question of the entire disorganization of the situation..
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Old 08-07-2012, 12:42 PM   #4
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The only issue I see at the moment is that the ticket should cost $368. The OSMV might (likely will) bounce it back to the issuing officer simply for that reason. As for the officer who wasn't dealing with you mistakenly sending you away, nothing to do with the offence or charge.
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Old 08-07-2012, 12:44 PM   #5
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And the dates will also be an issue when it comes time for court, if the VT gets that far.
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Old 08-07-2012, 01:26 PM   #6
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There is no TL;DR cause Im an evil bastard, you have been warned!

As always dispute the ticket. In ~1 year you will get a court date in the mail.

step 1: Look at the letter and find out who the officer is, which city he is from.

step 2: Write a letter asking for disclosure. Disclosure just means all the evidence that the officer intends to use in the trial.

step 3: make at least 3 copies. Put 1 copy in an envelope and on the front write

"ATTN: (officer name) Badge # (badge number)" Dont forget to put return address..........................

step 4: Personally go to the police station and find reception, tell them you are looking for officer ____ or if they can help you give them the letter. Be sure to ask the reception for the mailing address in case you need to mail something to the officer later.

Step 5: in 1-2 weeks put the 2nd copy in an envelope and write the same thing in the front. But remember the mailing address you got in step 4? Yea use that and send it out Via mail.

Step 5.5: Either the officer sent you disclosure or he didnt. If he did not skip to step 7.5.

Step 6: So the officer did his job and sent you disclosure. Either build your case, or accept the loss and plead guilty in hopes of a reduction. If you plan to build you case look for potential problems with the officers evidence. Whatever evidence he did not provide to you is an opportunity to attack. The officer cannot use any evidence he did not send you, this is very important.

Step 7: You are in the lobby of the court room now (dress up please, dress pants, dress shirt. blazer not needed. Wear the right fucking shoes and socks, dont be an idiot). Remember to bring all evidence, this includes the final 3rd copy of that ever so important disclosure request. You pray the officer does not show up so you can get away scott free.
Shit, the officer is here. Go ahead and speak with him to see what he says, if you plan on pleading guilty let him know you are very sorry and you learned a lot from the situation and you appreciate the time he took to send you the evidence. Dont be a punk. If you plan on going to trial just let him know you plan to go to trial and you appreciate him taking the time to send you the evidence. Again, even if you have a killer case dont be a punk. Skip to step 8.

Step 7.5: Awesome! Officer never sent you any evidence after requesting disclosure TWICE! You are in the courtroom lobby lookin all sharp, waiting for the PA to announce "court room ____ is open." The officer shows up, go ahead and talk to him and tell him you plan to fight the ticket. If he asks more questions just say you rather figure it out in court. Do not forget to bring the last final 3rd copy of that disclosure request back in step 3.
You are in court and the judge calls your name up, more likely than not you will probably be the only one fighting a ticket, so you will be last. Judge calls your name, you shiver in the slight fear, your palms get sweaty, you take the stand. The officer will give his account to the judge first. Now your turn to speak. "I have requested disclosure twice. One time on this date _____ I went to the police station personally and handed it to the receptionist (try to get a name for the receptionist, name drops are always good) and he told me it would get to the officer. The second time was on ______ via mail. The officer has never sent me disclosure, so any evidence the officer intends to use for the case cannot be used based on my right to a fair trial. I request the charges to be dropped, or the trial be postponed to a later date."
The officer drops his jaw in awe and hate, the judge smirks a little in your clever schpeal and says, "The officer can review the evidence with you outside the court room." You smile graciously to the judge, you fire back with "Your honor, I appreciate the suggestion but I will have to refuse. This does not give me an adequate amount of time to build a case, if I even have a case."

Step 8: First lets cover you pleading guilty. Simple enough, go on the stand, apologize for taking up the courts time, apologize about breaking the law, say you learned your lesson, ask for a reduction. Judge will lecture you a little about the law you broke etc, take your ticket, pay the man and leave.

Now to the good stuff, fighting the ticket! I hope you built a non embarrassing case.

Every situation is different. For your case I would look at officers notes, his location relative to you, cars around you, other cars mentioned (or more sneakily not mentioned) in the officers notes, whether the officer sent you calibration logs of his speed recording device, etc. Whatever he does not have do supplemental research such as owners manuals, US Cases similar to yours that they got away scott free, etc. Really not much I can say here, you already have built your case at this point, all I can do is wish you luck.

END

There is a whole sea on information out there and a whole sea on procedures that officers frequently forget/lazy to do simply because people do not dispute, people do not ask for disclosure. This is BLATANTLY WRONG!

Officers need to feel pressured by the public to follow all proper procedures. calibrating their devices, accurately writing their notes, etc. The sole reason cops around here do not get a lot of respect is because they pull so much bullshit and get away with it. People who dont know their rights just accept tickets and pay for them even when they think it was under the shittest grounds. Dispute all tickets and follow this guide.

Best of luck.
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Old 08-07-2012, 03:33 PM   #7
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Excessively speeding 51km/h over the limit....sorry, I don't see how you'll be able to get away with this ticket...
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Old 08-07-2012, 05:28 PM   #8
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[embarrassing case.
Every situation is different. For your case I would look at officers notes, his location relative to you, cars around you, other cars mentioned (or more sneakily not mentioned) in the officers notes, whether the officer sent you calibration logs of his speed recording device, etc. Whatever he does not have do supplemental research such as owners manuals, US Cases similar to yours that they got away scott free, etc. Really not much I can say here, you already have built your case at this point, all I can do is wish you luck.

END

There is a whole sea on information out there and a whole sea on procedures that officers frequently forget/lazy to do simply because people do not dispute, people do not ask for disclosure. This is BLATANTLY WRONG!



I love this..so much wrong with what you are telling us...but I have neither the time nor inclination to correct and inform an expert such as yourself. Please do everything he says and let me know when your trial is going ahead. I would love to be there.
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Old 08-07-2012, 08:09 PM   #9
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wait.. so you drove away and drove back to let them impound your car?

I wouldve left and renew license. cost : $17 bucks
get new insurance paper. cost : $0 (I believe)
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Old 08-07-2012, 09:38 PM   #10
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Quote:
Originally Posted by xilley View Post
wait.. so you drove away and drove back to let them impound your car?

I wouldve left and renew license. cost : $17 bucks
get new insurance paper. cost : $0 (I believe)
new reg is 18
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Old 08-08-2012, 01:36 AM   #11
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Officer: OP got a speeding ticket on X date.

You: I did not get any speeding ticket on that X date.

Judge: case dismissed
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Old 08-08-2012, 01:48 AM   #12
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were you driving a black Chrysler?
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