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Vancouver Off-Topic / Current Events The off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.

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Old 02-13-2013, 07:58 PM   #51
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unless there is something like a photo or video, then the evidence is not "simple".

Not even so much the evidence given, if the judge were to force you in the court room in 30 min, theres also lack of evidence given, if the officer forgets to show you he calibrated a precision instrument, if the officer has no formal training in visually estimating speeds, etc. All important, cant make a proper case to defend yourself (in the event that the individual actually feels they are innocent) in 30 min


also to OP. Do what youre comfortable with/whats in your means! This debate on what to do will last an eternity for as long as the justice system is in place, ive had this conversation over a few times on RS alone haha. Then again out of all the tickets ive got, I only had to pay one because of video evidence.
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Old 02-13-2013, 08:11 PM   #52
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I would worry about my English, if I were you. Will help you way more than worrying about 1 ticket in 10 years.
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Old 02-13-2013, 10:18 PM   #53
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Quote:
Originally Posted by z3german View Post
unless there is something like a photo or video, then the evidence is not "simple".

Not even so much the evidence given, if the judge were to force you in the court room in 30 min, theres also lack of evidence given, if the officer forgets to show you he calibrated a precision instrument, if the officer has no formal training in visually estimating speeds, etc. All important, cant make a proper case to defend yourself (in the event that the individual actually feels they are innocent) in 30 min


also to OP. Do what youre comfortable with/whats in your means! This debate on what to do will last an eternity for as long as the justice system is in place, ive had this conversation over a few times on RS alone haha. Then again out of all the tickets ive got, I only had to pay one because of video evidence.

After he provides the evidence it's on YOU to prove if he has either the credentials/evidence are false or not.

In a case like this there were NO measuring device like a radar but rather he/she will be using her expertise. The officer will simply argue that he/she was doing the posted speed limit and the car simply sped and blew past the officer. Given that he/she was doing the speed limit he/she would have a base line and with that it's not rocket science to believe him/her even if the judge calculate a margin of 20-25 KM. Also they have training that has taught them to accurately base a car's speed limit by looking at it and measuring with highway markers.

Obviously this evidence will only work IF the officer was passed at an extremely high speed so that even with calculated margin of error the officers testimony is believable.

In this case I would assume the judge to agree with the evidence provided considering the police officer went out of his/her way to ticket the OP.

We also know that OP was doing 40KM over as he explained to us about the excessive situation.

If the judge believes that OP was doing 40KM over he can still be charged with excessive speeding.

Also last, the officer went out of his/her way just to ticket OP, I'd honestly think that he/she will follow all of her procedures to prosecute OP when the officer already offered OP a slap on the risk.


Even without providing disclosure the officer will get the court date adjourned to provide evidence in the future and it will be not the best fight for the OP since it will most likely have the same outcome.

Considering OP got a slap on the wrist I'd take it and run with it.


Sometimes some fights are not worth fighting and knowing when to walk away will benefit you greatly.
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Old 02-14-2013, 02:56 PM   #54
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That's a little harsh. What municipality did the ticket come from? That's a pretty dick move IMHO, unless you were driving like a manic and swerving through cars at really close distances.
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Old 02-14-2013, 03:15 PM   #55
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That's a little harsh. What municipality did the ticket come from? That's a pretty dick move IMHO, unless you were driving like a manic and swerving through cars at really close distances.
So you made the comment above, then said "unless". Why don't you ask for the full details, THEN make an informed comment.
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Old 02-14-2013, 04:07 PM   #56
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That's a little harsh. What municipality did the ticket come from? That's a pretty dick move IMHO, unless you were driving like a manic and swerving through cars at really close distances.
Richmond.

I don't know why he gave me "follow too close by" citation. As there's literally no car when I was driving on hwy 1. The cop probably thinks I'm one of those FOB rich Chinese kid that had their car brought by their parent. The first 3 questions he asked me, quote on quote "Do you speak English?", "Is this car under your name?" and "How long have you been in Canada?"
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Old 02-14-2013, 04:12 PM   #57
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I don't blame him at all. My friend was inside the flashing red light intersection on his own and a 25 year old korean guy drunk out of his mind ran through it and tore off his bumper. My friend cut him off and he had no idea what was going on. Then he drove away after he went to find a cop nearby. All he said was "I had green light"

But back on subject. You should call ICBC personally and talk to a rep. Then you'll find out all the info you need. The only thing I don't know about is if you get charged every year until your points disappear or not. So if you haven't paid, you might want to check that out because that's the boat I'm on.
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Old 02-14-2013, 07:28 PM   #58
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Alleged 299km/hr Joyrider Charged With Dangerous Driving – But Where Is He? | CTV Vancouver Island


Another example of someone speeding who the owner was charged with infractions who wasn't the driver. They charged the owner of the vehicle with tickets, who is the mother. They also mention how they cannot prove who was driving the vehicle. So how can they charge someone points when they cannot prove who was driving. They can only fine her because she was the owner.
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Old 02-14-2013, 09:56 PM   #59
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They have since charged the driver as well for criminal code charges. He was identified by other witnesses and made admissions that he was the rider. The July 11th, 2012 date on the report should have given you a clue.

As far as off-duty Police giving VTs for offences they witnessed while not actually working...I have issued several over the years. I did so because the driver's actions were so bad that I believed that a JP deserved to hear them. In all cases the drivers were convicted. You don't need Radar to prove speed if you were going the limit and somebody passes you. As far as the other charges go...I wasn't there so can't comment.

If you're going to follow the backwoods RS Lawyers here in asking for specific legal things like disclosure then you must know what to do. You must be 100% specific in what you ask and you are not permitted to go on a "fishing expedition". You will also need to know what questions to ask. I used to love getting uninformed 'disclosure demands' from people who knew nothing about the law. We used to pass them around for a good laugh. They were even more amusing when the disputant tried to use them in court without having a clue what they were doing. In several cases they convicted themselves by what they said during the cross examination of the Police testimony. If you are going that route then you should be talking to a lawyer first.
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Old 02-15-2013, 12:10 AM   #60
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They have since charged the driver as well for criminal code charges. He was identified by other witnesses and made admissions that he was the rider. The July 11th, 2012 date on the report should have given you a clue.

As far as off-duty Police giving VTs for offences they witnessed while not actually working...I have issued several over the years. I did so because the driver's actions were so bad that I believed that a JP deserved to hear them. In all cases the drivers were convicted. You don't need Radar to prove speed if you were going the limit and somebody passes you. As far as the other charges go...I wasn't there so can't comment.

If you're going to follow the backwoods RS Lawyers here in asking for specific legal things like disclosure then you must know what to do. You must be 100% specific in what you ask and you are not permitted to go on a "fishing expedition". You will also need to know what questions to ask. I used to love getting uninformed 'disclosure demands' from people who knew nothing about the law. We used to pass them around for a good laugh. They were even more amusing when the disputant tried to use them in court without having a clue what they were doing. In several cases they convicted themselves by what they said during the cross examination of the Police testimony. If you are going that route then you should be talking to a lawyer first.
I remember a taxi cab driver was cross examining a police officer and stated, "you didn't see that I wasn't wearing my seatbelt, how can you be sure you saw me speeding". hahahahahah I almost shat myself
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Old 02-15-2013, 09:40 AM   #61
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I remember a taxi cab driver was cross examining a police officer and stated, "you didn't see that I wasn't wearing my seatbelt, how can you be sure you saw me speeding". hahahahahah I almost shat myself
So did he get the no seatbelt ticket instead of the speeding ticket?

According to ICBC's chart, a basic speeding ticket is $138-196 + 3 points, whereas a no seatbelt ticket is $167 + 0 points...
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Old 02-15-2013, 09:51 AM   #62
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So did he get the no seatbelt ticket instead of the speeding ticket?

According to ICBC's chart, a basic speeding ticket is $138-196 + 3 points, whereas a no seatbelt ticket is $167 + 0 points...
No, he didn't get a seatbelt ticket. He was still guilty of speeding. It is almost impossible to get out of a speeding ticket, nor will the court lower the minimal speeding fine (138) either. I believe cab drivers are allowed to have their seatbelt off when traveling within a certain speed limit. I can't remember the top of my head what it is though.
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