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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 11-20-2014, 10:27 AM   #1
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Whether to proceed with Criminal Charges

Looking for advice about what to do

So long story short:
- I'm driving on W 12th ave
- guy cuts me off as we're both accelerating to get through the yellow light
- forces me into oncoming traffic (no contact was made) and I honk at him
- we stop at the next red light with him in front of me
- he gets out yells at me and kicks my door
- I don't get out and he takes photos of me and my car
- We continue down 12th and he continues trying to pass people on the right until he turns off on Oak and we go our separate ways

All this is on video which I've shown to both ICBC and VPD, at the end of the day there is a minor dent on my door and everyone involved knows who caused it. But the VPD officer basically told me she didn't see any damage and if I don't choose to proceed with criminal charges or send her an estimate from the body shop the case will basically be closed.

The main reason I reported with VPD non-emergency and ICBC is that I wanted to get my side of the story and my evidence out there to avoid some messed up fabrication from this driver. (and also to get my door fixed)

I was told by VPD when I called not to publish the videos on social media so I took the links down, PO's of RS feel free to PM me for an unlisted link to the video.

Here is the damage which is admittedly minor

The charge VPD suggested was mischief which I can agree with, the man wilfully and maliciously damaged my property and as a matter of principle I understand why we might want to go through with charges. However I did notice the officer I spoke to was a bit hesitant and as a Criminology student at SFU I understand the mountain of paperwork these officers already have to do it. It's also been quite a stressful 24 hours for me going back and forth with VPD and ICBC and I don't know if this means even more stress on myself as well.

Will a stern talking to from a VPD officer be enough justice for the 50+ year old man to clean up his act? I would be interested if he has any history with road rage etc. which would definitely influence my decision but not sure how I can obtain that.
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Old 11-20-2014, 10:34 AM   #2
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This might be helpful: Laying Charges - JusticeBC - Criminal Justice Information and Support - Province of British Columbia
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Old 11-20-2014, 10:46 AM   #3
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Definitely stuff I've studied before in university and in my opinion based the letter of the law this might be worthwhile.
His aggressive and confrontational nature is why I think it would be in the interest of the public, as many have already pointed out not everyone would have my level of restraint and the situation could have escalated much further had I or any other driver gotten out.
It can even be said to be in his own self interest to learn a valuable lesson as you don't know who is in the other car when you get out and confront someone.

My question is whether people with first hand experience think this is worth taxpayer dollars/police time/my time to proceed with.
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Old 11-20-2014, 10:56 AM   #4
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Man, kudos to you for not getting out of the vehicle after he kicked your door.

I don't think I could have done the same. Best of luck with your decision!
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Old 11-20-2014, 11:05 AM   #5
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Man, kudos to you for not getting out of the vehicle after he kicked your door.

I don't think I could have done the same. Best of luck with your decision!
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Old 11-20-2014, 11:25 AM   #6
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Are you not able to go through icbc with this?
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Old 11-20-2014, 12:01 PM   #7
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Old 11-20-2014, 12:05 PM   #8
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Follow through -- I saw the video and was seething with rage after I saw it


Fuck him man, people need to realize that they can't be 'tough guys' on the road -- sooner or later you will either meet someone that will set you straight (kick your ass), or has the financial means to pursue charges (this being the best way to deal with it obviously -- you heal from an asskicking within a week. Criminal charges stay with you forever).

You have video proof -- this is a pretty cut and dry case IMO. I think you should follow through -- one less asshole on the roads of Vancouver.

He should, at the very least, have to pay for paintless dent removal + your time spent dealing with this (taking you away from your studies, the stress on your personal life, etc)

Think about it this way -- right now he's probably at work/at home and has already gotten over what happened. Compare that to the past 24 hours you've been thru
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Old 11-20-2014, 12:45 PM   #9
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Charge the bastard.
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Old 11-20-2014, 12:56 PM   #10
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just do what you feel is necessary dude. just keep in mind that if you go ahead with charges you might have to take time off work/school to go into court as a witness.
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Old 11-20-2014, 01:06 PM   #11
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This, if you have the financial means and the time I would personally charge the fucker. And even if I didn't.... I probably would take out a credit line and add it to my list of damages lol.

Wannabe tough-guys need to learn a lesson one way or another, if he doesn't reap any kind of consequence he'll probably do it again and again to someone until something REALLY bad happens. Think of it as doing him a favour
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Old 11-20-2014, 01:08 PM   #12
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I would proceed with charges too, even though it'll take up my/other's time/resources.

I think there's a line that needs to be drawn. If it's so petty that it makes YOU feel like an ass for pursuing it, then don't. If the asshole's actions are weighing you down, then proceed.
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Old 11-20-2014, 01:15 PM   #13
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Think about it this way -- right now he's probably at work/at home and has already gotten over what happened. Compare that to the past 24 hours you've been thru
i was thinking the exact same thing. he'll probably do it to someone else that will piss him off...i'm imagining him doing that to someone with kids in the car.

but ultimately it's your time...

any reason why VPD says not to post on social media?
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Old 11-20-2014, 01:43 PM   #14
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My recommendation is to go with whatever you feel most comfortable with. You already know that pursuing charges will eat up a bit of your time. Depending on how much value you place on that estimated and drawn out amount of time trial will require, you can probably come up with a decision.

If you do not pursue with charges, is there any way for you to get some assurance from the police that they will seek this guy out and have a stern talk with him?
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Old 11-20-2014, 01:48 PM   #15
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I say charge him and teach him a lesson... He's responsible for his own actions he should be held accountable for everything he did. It's great you stayed in your car but think about what could of happened if you didn't or if he has done the same to someone else in the past.
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Old 11-20-2014, 02:22 PM   #16
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Whatever you decide to do, don't act upon your emotions. Proceed objectively; and if you truly feel that this guy is in need of a good censuring, go for it. Otherwise, it's only gonna stress you out even further and be a waste of time and resources
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Old 11-20-2014, 03:10 PM   #17
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Wow really great responses guys, I think I need to ask the VPD officer more questions
@pinn3r exactly why I wanted opinion, acting on emotion I think the obvious choice is tearing him a new one through the criminal justice system. At the moment my schedule is flexible enough to be a witness/make statements but knowing how long something like this would take to get started that might be a year or two down the road?
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Old 11-20-2014, 03:15 PM   #18
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Guy needs a new asshole. Tear one up by proceeding with criminal charges for hit n run
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Old 11-20-2014, 03:30 PM   #19
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Just curious here, not trying to be an ass, but I'm not sure what the CRIMINAL charges would be in this case? Assaulting your car? Cutting you off isn't a criminal offense. I'm no lawyer, but it seems to me something like misdemeanor vandalism is the most you could pin on him here...
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Old 11-20-2014, 04:07 PM   #20
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Just curious here, not trying to be an ass, but I'm not sure what the CRIMINAL charges would be in this case? Assaulting your car? Cutting you off isn't a criminal offense. I'm no lawyer, but it seems to me something like misdemeanor vandalism is the most you could pin on him here...
Not sure if I wrote it in the op as I'm on mobile but vpd recommended mischief. No one is trying to throw him in jail here
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Old 11-20-2014, 04:48 PM   #21
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yeah courts are clogged to shit. if you decide to proceed, document all details so you won't forget by then

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Just curious here, not trying to be an ass, but I'm not sure what the CRIMINAL charges would be in this case? Assaulting your car? Cutting you off isn't a criminal offense. I'm no lawyer, but it seems to me something like misdemeanor vandalism is the most you could pin on him here...
Mischief

430. (1) Every one commits mischief who wilfully

(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Punishment

(4) Every one who commits mischief in relation to property, other than property described in subsection (3),

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.

Criminal Code
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Old 11-20-2014, 06:31 PM   #22
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I say go for it. Like most members on here I love my car more than anything, if you have the balls to do any damage to it I will do everything in my power to make your life hell.

IF the guy was a younger kid i might reconsider screwing up his future but the guy is 50 already and still road raging . Would send a message telling people they can't always get away with shit they do and will have to face consequences.
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Old 11-20-2014, 06:31 PM   #23
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I agree with everyone else. Charge him! What has ICBC said about fixing the damage?

I'm not familiar with the procedures but after the charges are laid, if you feel a message has been sent, can you drop the charges thereafter?
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Old 11-20-2014, 06:35 PM   #24
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I agree with everyone else. Charge him! What has ICBC said about fixing the damage?

I'm not familiar with the procedures but after the charges are laid, if you feel a message has been sent, can you drop the charges thereafter?
I pay the deductible and use my comprehensive coverage ($300), they go after him for the deductible for me.
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Old 11-20-2014, 07:31 PM   #25
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I pay the deductible and use my comprehensive coverage ($300), they go after him for the deductible for me.
That sounds pretty good. There is no way ICBC will be unable to track him down, and if this other guy still wants to drive around with a valid licence, he better pay ICBC off.
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