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Questions & info about the Motor Vehicle Act. Mature discussion only. | | |
11-17-2014, 07:43 PM
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#26 | RS Peace Officer
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Nope....lawyer cost you money. You pay them to get you off a ticket. Sometimes it works, sometimes it doesn't....OR you could pay the ticket within 30 days and get $25 off...OR you could try to defend yourself.
My comment was to the effect that even 5 class drivers get caught breaking the traffic laws. Getting caught breaking traffic laws is not just reserved for N's. About 45% of the VT's I wrote were for N's and that would mean that 65% were Class 5 drivers. N's were just over-represented proportional to their actual percentage of registered drivers. BTW, I almost always first found the driver was an N after I had stopped them, so I was not out gunning for just N's.
Last edited by zulutango; 11-18-2014 at 04:04 AM.
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11-17-2014, 08:07 PM
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#27 | I *Fwap* *Fwap* *Fwap* to RS
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Originally Posted by PARANOiA-R34 Actually, this is false... the "probation" period resets (or so the RCMP Officer at my trial told me) after one gets their Class 5. Not to mention the points threshold is significantly higher than it is at the N stage, you'd have to be a real idiot to lose your license at the Class 5 stage. | I was in the same situation as OP where i was on probation. After I got my class 5 license, i went to pay the ticket at ICBC and I did not get my license taken away.
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11-17-2014, 11:13 PM
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#28 | NEWBIE ACCOUNT!
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Im kinda in the same situation. 5 months back into my license from my first prohibition I received a speeding ticket for going 65km/h down Nordel way, the limit is 60. If you don't know this road flows at 80kish downhill. I disputed it 30 days after, I was hoping that there would be some delays that could take up to 19 months till my court date so I can get my class 5. Unfortunately, I doubt that's going to happen so I will probably end up lawyering up. I haven't received a ticket since cause I've been driving insanely cautious, at the limit +- 3km/h. It sucks being that guy that slows down traffic but whatever..
Chances of being let off with 0 points but still a fine? What are the usual cost of lawyers for ticket disputes?
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11-17-2014, 11:37 PM
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#29 | Need to Seek Professional Help
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Originally Posted by kyan so your saying its pointless getting a lawyer | What he's trying to say is that he has to use the word "client", rather than "subject" or "shitrat".... amirite?
But to answer your question, it always depends on A) how good the lawyer is, and B) how the Officer responds to any offers or deals. A lot of Officers straight up don't want to deal with a lawyer for a $167 VT, and some will fight to the death to prove you guilty. Your best bet is just to be really polite and explain your situation calmly, I found from my first and only time in Traffic Court that a LOT of people are very rude, argumentative, and generally dickheads to the Officer... like that will get you out of a ticket lol
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11-18-2014, 04:08 AM
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#30 | RS Peace Officer
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Originally Posted by PARANOiA-R34 What he's trying to say is that he has to use the word "client", rather than "subject" or "shitrat".... amirite? , I found from my first and only time in Traffic Court that a LOT of people are very rude, argumentative, and generally dickheads to the Officer... like that will get you out of a ticket lol |
I also wondered why that sort of though process was used on me at roadside when stopped. Aggressive behaviour, swearing and outright lies being used on me, for some strange reason, never motivated me to not write the VT or give someone a break as "I enforced traffic law with discretion". I know the traffic court JP's had the same opinion, as we used to chat after court was finished.
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11-19-2014, 07:34 PM
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#31 | RS Veteran
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Originally Posted by PARANOiA-R34 What he's trying to say is that he has to use the word "client", rather than "subject" or "shitrat".... amirite?
But to answer your question, it always depends on A) how good the lawyer is, and B) how the Officer responds to any offers or deals. A lot of Officers straight up don't want to deal with a lawyer for a $167 VT, and some will fight to the death to prove you guilty. Your best bet is just to be really polite and explain your situation calmly, I found from my first and only time in Traffic Court that a LOT of people are very rude, argumentative, and generally dickheads to the Officer... like that will get you out of a ticket lol | I found that a lot of people think t shirt and sweats were appropriate courtroom attire...
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11-19-2014, 08:09 PM
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#32 | RS Peace Officer
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Judge Judy wouldn't stand for that!!!!!! My favourite ever episode of that show was the spoiled rich brat with much entitled attitude who got caught speeding, gave the Cop a hard time and then called her daddy who was also a Cop. Daddy tried to get the cop to not issue the ticket. Daughter denied the whole phone call thing and said the Cop lied. Had daddy show in court as her witness. Cop then plays the tape of the whole encounter that he had recorded without having told them about it. It supported 100% of what he said and that she & her father were lying. http://blutube.policeone.com/videos/...ughter-part-1/
Last edited by zulutango; 11-22-2014 at 04:59 AM.
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11-19-2014, 09:06 PM
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#33 | ninja edits your posts without your knowledge
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Originally Posted by zulutango Judge Judy wouldn't stand for that!!!!!! My favourite ever episode of that show was the spoiled rich brat with much entitled attitude who got caught speeding, gave the Cop a hard time and then called her daddy who was also a Cop. Daddy tried to ger the cop to not issue the ticket. Daughter denied the whole phone call thing and said the Cop lied. Had daddy show in court as her witness. Cop then plays the tape of the whole encounter that he had recorded without having told them about it. It supported 100% of what he said and that she & her father were lying. Judge Judy - LAPD Traffic Cop Sues Colleague's Spoiled Daughter (Part 1) | BLUtube | That was amazing.
Here is part 2: Judge Judy - LAPD Traffic Cop Sues Colleague's Spoiled Daughter (Part 2) | BLUtube |
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11-19-2014, 09:06 PM
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#34 | I bringith the lowerballerith
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Epic.
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"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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11-20-2014, 09:28 PM
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#35 | NEWBIE ACCOUNT!
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[QUOTE=zulutango;8557441]Nope....lawyer cost you money. You pay them to get you off a ticket. Sometimes it works, sometimes it doesn't....OR you could pay the ticket within 30 days and get $25 off...OR you could try to defend yourself.
would you say i have a better chance going in early and talking to the officer and trying to get him to remove the points attached to the ticket compared to hiring a lawyer? because i have heard that if you go in and talk to the officer they can use what ever you say to them against you in court and often will, and thats why its better to have a lawyer...thoughts?
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11-20-2014, 09:33 PM
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#36 | NEWBIE ACCOUNT!
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Originally Posted by PARANOiA-R34 Actually, this is false... the "probation" period resets (or so the RCMP Officer at my trial told me) after one gets their Class 5. Not to mention the points threshold is significantly higher than it is at the N stage, you'd have to be a real idiot to lose your license at the Class 5 stage. | apparently they recently changed this law in the last couple years, once you are found guilty you are punished the way you would have been when you recieved the ticket, so even if you get your full before the court date i still will get the suspensions as if i had my N
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11-20-2014, 10:25 PM
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#37 | Proud to be called a RS Regular!
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hey Kyan, my question to you is that if someone does go through with the suspension, do you restart your N stage or do you start at class 5? thanks
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11-21-2014, 04:24 AM
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#38 | RS Peace Officer
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[quote=kyan;8558804] Quote:
Originally Posted by zulutango Nope....lawyer cost you money. You pay them to get you off a ticket. Sometimes it works, sometimes it doesn't....OR you could pay the ticket within 30 days and get $25 off...OR you could try to defend yourself.
would you say i have a better chance going in early and talking to the officer and trying to get him to remove the points attached to the ticket compared to hiring a lawyer? because i have heard that if you go in and talk to the officer they can use what ever you say to them against you in court and often will, and thats why its better to have a lawyer...thoughts? | If you have a voluntary conversation about the member who gave you the ticket, it could become part of the trial...or it could not. A voluntary admission by an accused is just that. Personally I never testified to any conversation after I had issued the VT, but I can't speak for others, nor for the circumstances involved.
The points cannot be removed, but IF the ticket is issued to the "owner' and not the driver, the points would not apply. This would require the Member to apply to change the VT just before the trial evidence was entered in front of the HJP, in court. If the JP agreed then it could be done. In my experience, the only way a Member would do that would be in return for you entering a guilty plea, otherwise why should he bother?
As far as having a lawyer goes, you have the right to talk to one...it's up to you if you do, or don't. I always advised anyone who had a legal question to talk to a lawyer for legal answers.
Last edited by zulutango; 11-22-2014 at 04:59 AM.
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11-21-2014, 07:52 AM
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#39 | ninja edits your posts without your knowledge
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Originally Posted by skyline32 hey Kyan, my question to you is that if someone does go through with the suspension, do you restart your N stage or do you start at class 5? thanks | You're asking a question where the contexts are very different.
If you get suspended while on your class 7N, you will restart the program where you have to wait before you can apply for your class 5. This is just like as if you had just received your 7N after your 7L.
If you get suspended while on your class 5, you just get suspended. After the suspension is over, you can your class back again.
There is no demotion so you can't step back per se. You will just stay at the same level/class that you've been in.
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11-21-2014, 08:31 AM
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#40 | Diagonally parked in a parallel universe
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On a side note, what are the approximate odds that Cops don't show up for traffic related courts offences on the court date? I guess it all depends?
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11-22-2014, 07:40 PM
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#41 | NEWBIE ACCOUNT!
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Originally Posted by skyline32 hey Kyan, my question to you is that if someone does go through with the suspension, do you restart your N stage or do you start at class 5? thanks | if do dont get my full license before the time of the court date then yes i will have to restart my N agian. if i manage to get it done before the court date then no i wont i just do the suspension then i will have my full license
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11-22-2014, 07:44 PM
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#42 | NEWBIE ACCOUNT!
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[quote=zulutango;8558896] Quote:
Originally Posted by kyan
If you have a voluntary conversation about the member who gave you the ticket, it could become part of the trial...or it could not. A voluntary admission by an accused is just that. Personally I never testified to any conversation after I had issued the VT, but I can't speak for others, nor for the circumstances involved.
The points cannot be removed, but IF the ticket is issued to the "owner' and not the driver, the points would not apply. This would require the Member to apply to change the VT just before the trial evidence was entered in front of the HJP, in court. If the JP agreed then it could be done. In my experience, the only way a Member would do that would be in return for you entering a guilty plea, otherwise why should he bother?
As far as having a lawyer goes, you have the right to talk to one...it's up to you if you do, or don't. I always advised anyone who had a legal question to talk to a lawyer for legal answers. |
so i would go up to the officer before the trial and tell him that i want to plead guilty if he would change the ticket from driver to owner? is that a fairly reasonable suggestion to make to the officer and judge or is that asking a lot and unlikely to happen?
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11-22-2014, 08:26 PM
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#43 | RS Veteran
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[quote=kyan;8559566] Quote:
Originally Posted by zulutango
so i would go up to the officer before the trial and tell him that i want to plead guilty if he would change the ticket from driver to owner? is that a fairly reasonable suggestion to make to the officer and judge or is that asking a lot and unlikely to happen? | It depends on the member. You are asking a question that cannot be simply answered with a yes or no. Personally, if I was the member, I would not give someone who was already on probation a break. It shows that they just don't give a damn. Speeding is probably one of the easiest traffic offences for a police officer to give evidence in court.... there really is no excuse for the defendant. You either went 1+ over the speed limit or you didn't. Period.
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