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-   -   I got my first traffic violation ticket....fcuk (https://www.revscene.net/forums/680404-i-got-my-first-traffic-violation-ticket-fcuk.html)

bananana 02-12-2013 10:25 PM
Are cops even allows to do that?

ImportPsycho 02-13-2013 12:31 AM
Quote:
Originally Posted by hkRicer (Post 8158596)
Yeah that's exactly what happened.
that fked up
never heard of any cops stalking like that.
usually they pull you over as soon as they see the violation.
something doesn't sound right....

corollagtSr5 02-13-2013 01:16 AM
Dispute it. He can't prove it was you who was driving your vehicle. Did he have to ask someone in the house if you were home. When you came to the door he gave you the ticket and walked off? Did he ask you if you were _____ _____. If he did, he most likely didn't know who was driving. He just wrote you up because your the owner of the vehicle. You can probably get the points written off. Just like when a vehicle runs a red light. They have proof that the vehicle was involved in an infraction, but the driver does not have to pay points. How can he see your face when he's following behind you watching your awesome driving skills.

jackal 02-13-2013 01:38 AM
Quote:
Originally Posted by ImportPsycho (Post 8158717)
something doesn't sound right....
THIS!!!

i think this should get moved to the police forum to get some more knowledgeable answers. i've NEVER heard of an officer giving a ticket like this.

KO7 02-13-2013 05:12 AM
I'm guessing you were driving your 2012 M3 rather than your 2003 Echo at the time.

:badpokerface:

Shorn 02-13-2013 08:25 AM
Quote:
Originally Posted by asian_XL (Post 8158466)
what are the rights of an off duty officer anyway? I got pulled over by one driving in a Prelude before, he showed his badget and claimed he could issue me a ticket and put anyone in jail bla bla bla, but that one just left with a verbal warning.
once police officers are sworn in they have all the powers listed under the police act 24/7.

they don't need to be on the clock in order to enforce the law.

entrax 02-13-2013 08:37 AM
probably should go to dispute this one. does he have proof of you doing what you did? he has to prove you specifically guilty. if he had to come to your house to issue you a citation, he can't even prove who was in the car...

did he get to your house on the same night? did he get to your house before you did on the same drive?

Spidey 02-13-2013 08:59 AM
Quote:
Originally Posted by falcon (Post 8158512)
You should at least dispute it to get the chance to have then waive the points. If he doesn't show, plead not guilty. If he does show, plead guilty and request the fine be lowered and points removed. None tones out of ten you'll leave the court house with a minimal fine and no points on your lic.
Posted via RS Mobile
you cannot dispute it to have the points waived. Going to traffic court is you either pleading guilty (with a possible fine reduction) or not guilty. The point system is solely in the hands of ICBC, so good luck with that.

Quote:
Originally Posted by corollagtSr5 (Post 8158740)
Dispute it. He can't prove it was you who was driving your vehicle. Did he have to ask someone in the house if you were home. When you came to the door he gave you the ticket and walked off? Did he ask you if you were _____ _____. If he did, he most likely didn't know who was driving. He just wrote you up because your the owner of the vehicle. You can probably get the points written off. Just like when a vehicle runs a red light. They have proof that the vehicle was involved in an infraction, but the driver does not have to pay points. How can he see your face when he's following behind you watching your awesome driving skills.
All he has to say is that the driver he saw behind the wheel was the same as the one who he served the ticket to. If he somehow didn't see the driver, then the ticket goes to the registered owner of the vehicle. Regardless whether that is the OP or not, someone is getting hit with the ticket.

Quote:
Originally Posted by ImportPsycho (Post 8158717)
that fked up
never heard of any cops stalking like that.
usually they pull you over as soon as they see the violation.
something doesn't sound right....
What about it doesn't sound right? Is it a common occurrence, not really, but he must have been driving pretty excessively to have an off duty PO believe he deserved to be served a VT. It probably wouldn't have been safe for an off duty police officer in his own unmarked/unequipped vehicle, trying to conduct a traffic stop on another vehicle on the highway.

Quote:
Originally Posted by entrax (Post 8158821)
probably should go to dispute this one. does he have proof of you doing what you did? he has to prove you specifically guilty. if he had to come to your house to issue you a citation, he can't even prove who was in the car...

did he get to your house on the same night? did he get to your house before you did on the same drive?

Read the above. The RO will get nailed if he cannot prove.. And go ahead and go to court and LIE to the judge saying you weren't driving.:suspicious:

It doesn't matter when he went to OP's house. You don't have to be served that same day. From what I believe, you can be served within 6 months (I could be wrong here) but there is a time frame.

Soundy 02-13-2013 11:13 AM
Quote:
Originally Posted by ImportPsycho (Post 8158717)
usually they pull you over as soon as they see the violation.
That might be hard to do if the cop was driving his personal vehicle, which is probably not equipped with the lights and siren.... what he gonna do, follow OP and flash his headlights?

Anyway... I think BlueG2 is mostly right, there's no escaping the ticket just because OP wasn't pulled over on the spot. As others have noted though, there MAY be an out from the DPP if the cop can't prove who the driver was. It's the same with red light cameras, it was the same with photo radar: the ticket went to the car's RO, but the points attach to the driver.

Now the catch with cameras is, if you want to dispute, you MUST nominate someone else as the driver. You can't just say, "It wasn't me and I don't know who it was". Unless you can prove it was stolen, the care and control of YOUR car is YOUR responsibility... so if a camera caught someone else doing doing something illegal in YOUR car, either YOU suck it up, or you throw that someone else under the proverbial bus.

And I fully expect the same would apply here: disputing the ticket means admitting you were the driver.

quasi 02-13-2013 11:19 AM
Double Post Delete please

Gumby 02-13-2013 11:21 AM
Quote:
03 PW Echo ~ beater
05 Rio S2K ~ Project car
12 E92 AW M3 ~ my baby
You have an interesting stable. :)

quasi 02-13-2013 11:22 AM
Quote:
Originally Posted by Soundy (Post 8158915)
That might be hard to do if the cop was driving his personal vehicle, which is probably not equipped with the lights and siren.... what he gonna do, follow OP and flash his headlights?

Anyway... I think BlueG2 is mostly right, there's no escaping the ticket just because OP wasn't pulled over on the spot. As others have noted though, there MAY be an out from the DPP if the cop can't prove who the driver was. It's the same with red light cameras, it was the same with photo radar: the ticket went to the car's RO, but the points attach to the driver.

Now the catch with cameras is, if you want to dispute, you MUST nominate someone else as the driver. You can't just say, "It wasn't me and I don't know who it was". Unless you can prove it was stolen, the care and control of YOUR car is YOUR responsibility... so if a camera caught someone else doing doing something illegal in YOUR car, either YOU suck it up, or you throw that someone else under the proverbial bus.

And I fully expect the same would apply here: disputing the ticket means admitting you were the driver.
The problem with cameras is if you wern't served it wasn't a valid ticket. They couldn't just mail it to you and add it on your record because it skipped the whole due process thing and ability to fight it. They would mail it but that was just a notice more or less, not you actually getting served and if anything it put you on alert, watch out for the bylaw guys. I had a couple speeding tickets (by camera) that I never had to pay. Everytime the bylaw person came to serve the ticket I was never home, or maybe I didn't answer the door? Either way, never had to pay. You just wait two years or longer and if at that point they serve it you can fight it on the grounds you wern't served the ticket in a reasonable time.

I even had one get a hold of me on the phone and tell me she'd be right over she had something for me to sign. I told her sorry I'm going out. She say's I better wait or she's coming with the Police. Empty threats, they have more important shit to do.

Maybe the laws have changed but that's how it used to be.

FerrariEnzo 02-13-2013 01:27 PM
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?

quasi 02-13-2013 01:37 PM
Quote:
Originally Posted by FerrariEnzo (Post 8158979)
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?
Of course, if they could only issue on the spot that would mean if you ran and escaped you would be scott free everytime.

Spidey 02-13-2013 01:38 PM
Quote:
Originally Posted by FerrariEnzo (Post 8158979)
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?
did you not read my post?

Happy 02-13-2013 01:39 PM
Quote:
Originally Posted by quasi (Post 8158488)
It happens, the 68 year old guy I work with got his car impounded and an excessive speeding ticket this summer on hwy 1 coming to work in the morning. Happened on a Friday, was a 7 day impound but they don't release the car on the weekends and the Monday was a stat. He ended up losing his car for 10 days then they charged him extra for the privilege of keeping it those extra days.
7 day impound = 9 calender days
so if he paid for 10 calender days he really only paid for one extra day

quasi 02-13-2013 02:01 PM
Quote:
Originally Posted by Happy (Post 8158990)
7 day impound = 9 calender days
so if he paid for 10 calender days he really only paid for one extra day
I'm just going by from what he told me. Let's say it's even one extra day, that still is kind of fucked up. We're given penalties and punishments for a reason, I'm not disputing the fact his car should be impounded. It's impounded for a set amount of time, when that time is up the car should be released. Not that much different then getting a jail sentence and not being released when your time is up because it's a holiday and then sending you a bill for that nights accomidations. Tow companies are using it as a way to generate extra income above and beyond the impounds.

Psykopathik 02-13-2013 02:52 PM
Quote:
Originally Posted by hkRicer (Post 8158426)
Sigh, lesson learned. This totally ruin my day lol
think of all the glorious days of breaking the law, you did get away with, and average it out.

pretty cheap.:badpokerface:

|<e|_ 02-13-2013 05:23 PM
Quote:
Originally Posted by BlueG2 (Post 8158835)
you cannot dispute it to have the points waived. Going to traffic court is you either pleading guilty (with a possible fine reduction) or not guilty. The point system is solely in the hands of ICBC, so good luck with that.

It doesn't matter when he went to OP's house. You don't have to be served that same day. From what I believe, you can be served within 6 months (I could be wrong here) but there is a time frame.
You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.

As the ticket...I believe it's actually a Year time frame cause someone told me about him going to traffic court and told the cop he wrote something wrong on the ticket. So the cop looked at the ticket...saw it was within 1 year still and wrote him a new ticket on the spot.

Happy 02-13-2013 05:32 PM
Quote:
Originally Posted by quasi (Post 8159006)
I'm just going by from what he told me. Let's say it's even one extra day, that still is kind of fucked up. We're given penalties and punishments for a reason, I'm not disputing the fact his car should be impounded. It's impounded for a set amount of time, when that time is up the car should be released. Not that much different then getting a jail sentence and not being released when your time is up because it's a holiday and then sending you a bill for that nights accomidations. Tow companies are using it as a way to generate extra income above and beyond the impounds.
Yes I know impound fees are bullshit. You're talking to a guy that's been falsely charged with driving while prohibited three times. Each time my car got impounded, for a day, for a week, then a month. Apparently there's no way for me to get compensation for the impound fees even though none of the charges made it to court. I hate power tripping pigs. I do love the ones that actually do their job properly though.


Quote:
Originally Posted by |<e|_ (Post 8159147)
You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.
How did you manage to do that? What did you say? Fill me in :ilied:

z3german 02-13-2013 05:56 PM
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.

CRS 02-13-2013 06:04 PM
Quote:
Originally Posted by z3german (Post 8159178)
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.
This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.

Spidey 02-13-2013 06:11 PM
[quote=|<e|_;8159147]You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.

The judge has nothing to do with having the points waived. What happens is that you can request to have the VT be issued to the RO instead of "driver". I believe this is negotiated between yourself and the police officer, not the judge. You have to be prepared to plead guilty.

z3german 02-13-2013 06:45 PM
Quote:
Originally Posted by CRS (Post 8159184)
This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.
True, then again the Judge might not want to tie up more court time for something an officer was suppose to do on his/her own time rather than the courts time. Even if Judge reschedules, gives you more time to rack up bank, or review the evidence; the officer could just be firing empty bullets/make a mistake in the notation of the incidents.

Vale46Rossi 02-13-2013 06:46 PM
Quote:
Originally Posted by z3german (Post 8159178)
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.
Quote:
Originally Posted by CRS (Post 8159184)
This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.

^ This.


Also a judge can make the cop give you the evidence and you can be back in court within 30 minutes.

This has happened to my friend.

If the judge thinks 30 minutes is reasonable since his evidence is simple then you already lost the case.


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