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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

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

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Old 09-15-2012, 10:21 PM   #1
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court day for ticket dispute

Hello guys, my court date is next week in Richmond for dispute of one speeding ticket a year ago, the ticket was for "speeding against highway sign" I don't believe I was speeding, it was in the rain on knight, I know I was going 80kms/h the cop paced and then sped up behind me. Do you have any advice what I need to do before I get to the court? How do I speak to the officer? How would I know if he is there or not? How do I know if my ticket is dismissed.

What if lose against the officer, do they let me know how to pay the ticket and how much time I receive? Should I be nervous since other people will be watching? What is court like? thank you very much, my first court appearance and any help would be great.

sorry I don't know if this is in the correct forum.
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Old 09-15-2012, 11:26 PM   #2
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Go there and see brah.
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Old 09-15-2012, 11:59 PM   #3
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Call in and postpone this one because you can't make it. The officer will have to resechudle and it will give you a better chance and him not showing up.

That being said tell the truth and you just won't know until you show you.
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Old 09-16-2012, 12:18 AM   #4
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only you know if you were guilty or not
...

if you plea guilty, they could lower your fine
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Old 09-16-2012, 12:21 AM   #5
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I give props to any cop who gives his off duty time to dispute absurdly guilty cases such as this. I really wish some people knew the system a bit more before battling it. If you ever dispute a ticket, please notify your lawyer to make sure it's even worth disputing. If all you're banking on is that the cop doesn't show up then to hell with you. He's probably hanging with his family or enjoying a beer by the beach. Stop ruining their days off. Unless they were a completely douchey cop that gave you a very questionable ticket. Then reschedule it as much as possible and make sure to quote all the demeaning things he said about you and your lifestyle choices.
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Old 09-16-2012, 12:54 AM   #6
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First, it's not really the officer vs you. It's the crown.
The public can watch and others waiting for their turn in traffic court. People waiting, public, and students maybe there watching.
Your named called, and you step up.
The judge knows this is traffic court and you're not a lawyer. Forget the OJ Simpson courtrooms stuff and things you see on soaps. The judge knows you're not a lawyer and will tell you what to do. It's really simple.
"How do you plead?"
If the cop is no show, it will be dismissed.
You talk to the judge and you will both tell your stories.
He will have notes from his pocket book to read off to remind himself of the events of the day. He will present his evidence.
You tell your side of the story and why you believe he's wrong.
I believe you can question each other if the cop shows up.
It's up to him to prove you were going above 80. If he has radar and what not, what's ur defence?

Judge may reduce your fine if you're first time/student so on.
The other ppl watching/waiting won't give a damn. They're worrying about their own case.

Last edited by trollface; 09-16-2012 at 01:08 AM.
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Old 09-16-2012, 01:10 AM   #7
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^ What he said.

As well, some officers will talk with each defendant before going into court and ask them why they're disputing. Depending on the cop, they will often work out a deal by either reducing the charge to a lesser one or sometimes even rip it up.
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Old 09-16-2012, 01:19 AM   #8
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Go to court... If cops shows up, they will call your name out and speak to you.. Ask if you want to plea guilty or not. If you plea not guilty, you will need to make your case (probably not the best idea unless you have SOILD proof about your case).

Best route is to plea guilty and ask the judge for a reduced fine and time to pay. Judge will ask about your financial background and how much time you need to pay and thats it.
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Old 09-16-2012, 01:26 AM   #9
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how can do I reschedule on such short notice? how long does it generally take for a new date? Would it be better to do that or just go? I never had a chance to argue with the cop that day. I am doing this because I believe he pulled me over just for not going as slow as others behind him. How low would the cop usually lower the ticket? how many points do I need to have taken off before I lose my class 5? Will I have a chance to speak to the officer before entering the court room?
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Old 09-16-2012, 01:31 AM   #10
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Originally Posted by doritos View Post
how can do I reschedule on such short notice? how long does it generally take for a new date? Would it be better to do that or just go? I never had a chance to argue with the cop that day. I am doing this because I believe he pulled me over just for not going as slow as others behind him. How low would the cop usually lower the ticket? how many points do I need to have taken off before I lose my class 5? Will I have a chance to speak to the officer before entering the court room?
If that's your defence, you're going to lose any ways. Go and just get a reduction. You enter the court room when you feel like it, they don't call you in. The cop may show right at the court time or won't speak to you at all. Why are you asking all this now?

I suggest you go early, sit in on a few cases and get ur shit together.
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Old 09-16-2012, 08:21 AM   #11
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I got a ticket a month ago for speeding. First ticket ever. Sent it in for a reduced fine because I seriously do not have $150 on me. Sucks being a broke student
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Old 09-16-2012, 09:33 AM   #12
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Old 09-16-2012, 12:58 PM   #13
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when you show up in court, there will be others who are also doing the same thing as you.. disputing tickets. Like said above, if the officer doesnt show up, your ticket is written off. If he does, most of the time the officer will ask to speak with you outside of the courtroom before the judge enters. When doing so, the officer may offer you a deal to plea guilty for a reduced fine instead. He may bring up a bunch of mitigating factors to the judge ie: working part-time, full time student, first offence... etc. The judge then MAY reduce your fine. but there were situations where they slapped on extra fines for wasting court time because you were actually guilty in the first place.
To pay the fines, you will be paying the court outside and the judge MAY allow you upto an extra 90 days to pay off the fine.
Serving time? you're not going to jail for a simple speeding ticket

However, if you do not plea guilty in the first place. You will enter a trial (may be at a later time in the day) where you present your case to the judge and the officer will present his. Since your defense is pretty weak, i suggest you not to go this route unless you have hard evidence that you weren't speeding. And no, you just saying you were going at 80 isn't enough. Some parts of Knight bridge is 60 KM. If you are found guilty you will be issued the same fine as the ticket, and you have a higher chance of an extra fine for wasting court time.

You lose your licence after 6 points i believe. So on your third speeding ticket that has 3 points each.
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Old 09-16-2012, 01:00 PM   #14
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Oh and.. RS Meet at Richmond Courthouse next week?
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Old 09-16-2012, 03:15 PM   #15
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I've gotten out of three tickets.

One time the cop didn't show up
Second time the dispute court date took a year and a half after the ticket was issues and I filed a violation of my charter of rights or something. Can't remember, and it was thrown out.
Third time I postponed the date because "I couldn't make it" and the ticket was thrown out shortly after.

just some advice, if your gonna try to get out of it
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Old 09-16-2012, 05:57 PM   #16
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Old 09-16-2012, 06:42 PM   #17
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In Richmond, traffic court is scheduled while members are on duty, so unless they are tied up with something more important, or they forget, they will be there. In speeding situations you will never win, period. You either went over the limit, or you didn't. If you went 1km over, you sped. All it takes is you going 1km over 80 at any point of your travel. I don't know any police officer that would give someone a speeding ticket who stays within 10kms of the posted limit.... Think about that before you dispute.
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Old 09-16-2012, 07:32 PM   #18
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Quote:
Originally Posted by doritos View Post
Hello guys, my court date is next week in Richmond for dispute of one speeding ticket a year ago, the ticket was for "speeding against highway sign" I don't believe I was speeding, it was in the rain on knight, I know I was going 80kms/h the cop paced and then sped up behind me. Do you have any advice what I need to do before I get to the court? How do I speak to the officer? How would I know if he is there or not? How do I know if my ticket is dismissed.

What if lose against the officer, do they let me know how to pay the ticket and how much time I receive? Should I be nervous since other people will be watching? What is court like? thank you very much, my first court appearance and any help would be great.

sorry I don't know if this is in the correct forum.
Quote:
Originally Posted by doritos View Post
how can do I reschedule on such short notice? how long does it generally take for a new date? Would it be better to do that or just go? I never had a chance to argue with the cop that day. I am doing this because I believe he pulled me over just for not going as slow as others behind him. How low would the cop usually lower the ticket? how many points do I need to have taken off before I lose my class 5? Will I have a chance to speak to the officer before entering the court room?


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Originally Posted by 10-9 View Post
In Richmond, traffic court is scheduled while members are on duty, so unless they are tied up with something more important, or they forget, they will be there. In speeding situations you will never win, period. You either went over the limit, or you didn't. If you went 1km over, you sped. All it takes is you going 1km over 80 at any point of your travel. I don't know any police officer that would give someone a speeding ticket who stays within 10kms of the posted limit.... Think about that before you dispute.
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Old 09-16-2012, 09:42 PM   #19
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I don't believe I was speeding, it was in the rain on knight, I know I was going 80kms/h the cop paced and then sped up behind me.
Yah....that will work...against testimony that you were being followed and paced. My favourtre defence against speeding was from the disputant who said that I could not possibly have got him speeding because his Radar detector didn't go off....I explained that I agreed with him...but I did track his speed on Laser. Right up there with the driver who I flagged over for excessive speed and unsafe passing. I stepped out from around a blind corner and flagged him over. I couldn't possibly have seen him do what he did as I was out of sight and he would see me in court. I Said that I would be there to meet him, along with the pilot and observer from the Police chopper who had followed him and would replay the video of the whole episode. I then radioed the chopper and he dropped the Jet Ranger down to about 50 feet in front of the guy's car. He didn't show for some reason either ?

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Old 09-17-2012, 02:17 AM   #20
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okay so i thought this over...maybe it is easier if I plead guilty, do I just say that or just ask for a lower fine? can class 5 license be suspended if there are too many speeding points or do we just have to end up paying a premium?
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Old 09-17-2012, 02:28 AM   #21
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I was planning to just watch from the sidelines but I guess i'll come and kick the ball too.

Quote:
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okay so i thought this over...maybe it is easier if I plead guilty, do I just say that or just ask for a lower fine? can class 5 license be suspended if there are too many speeding points or do we just have to end up paying a premium?

First off, how many speeding tickets have you received as of late? this would most likely answer your question in regards to your class 5 licence being suspended if there are too many points.

If you go on the ICBC website, you will be able to see exactly how many points each motor vehicle violation is worth.


Second, it looks like you are losing sleep and paranoid at this point. Full of those joyous "what ifs?".

What if the Justice of the Peace decides the raise the fine because you wasted the courts time and resources?

What if the cop shows up to the hearing when you hoped that he/she wouldnt?

What if the cop has his shit together and lays down the law and you get fucked in the bum?

etc
etc
etc
.
.
.


Judging by the posts you've made you are not ready to go into court and dispute the case. You haven't done any research (perhaps besides asking for advice on RS), nor have you worked on preparing your evidence for the hearing which will shortly occur (next week).


My advice to you is this, if you're still looking for advice.

Arrive to traffic court 15-20 min before your scheduled hearing. Try to speak with the police officer and perhaps ask if he could help you out if you plead guilty to the offence (i.e. lower fine, maybe just paying the fine and no points, or whatever else can be worked out with the officer). Explain to him/her that you are a student, working part-time, broke, what the fuck ever you wanna say.

Maybe you'll get lucky and he/she will not show up or will agree to reduce/lower the penalty.

Hopefully you didn't act like a dipshit to the officer at the time you were issued the ticket and that he doesnt remember you for doing so.


Good luck with your traffic hearing.
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Old 09-18-2012, 02:18 PM   #22
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How do I go about and find the officer and how would I know if he's there?
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Old 09-18-2012, 02:19 PM   #23
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I didn't say anything towards him when he pulled me over, he told me I was speeding when I was beside him and went to his car, wrote me the tickets and then I signed and drove off
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Old 09-18-2012, 02:26 PM   #24
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the officer will find you, they ask around if you're so and so
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Old 09-18-2012, 02:37 PM   #25
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the officer will find you, they ask around if you're so and so
is this going to be when I am already seated in the courtroom? Do I just walk in and sit down anywhere when I am ready?
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