REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


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.

Reply
 
Thread Tools
Old 10-25-2017, 01:50 AM   #1
I contribute to threads in the offtopic forum
 
Join Date: Dec 2003
Location: Vancouver
Posts: 2,777
Thanked 1,045 Times in 419 Posts
Failed 1,372 Times in 243 Posts
Disputing traffic infraction tickets

Before the RS e-thugs start slamming down on me with "just pay your ticket", this is not a post about trying to evade tickets.

My understanding is that (told by a friend), that if the officer who gave you a ticket shows up in court during your dispute, you are automatically guilty and have to pay the ticket? Is this true?

If so, if they accused you of violating a traffic infraction, don't they have the burden to provide evidence to prove that you are guilty?

For example, officer saw you using a handheld device but has no proof or speeding ticket with no radar to show you were going over the limit.

Can people who have been to a dispute case please share some knowledge? For the record, I have never disputed a ticket before.
Advertisement
mr_chin is offline   Reply With Quote
Old 10-25-2017, 05:17 AM   #2
Rs has made me the woman i am today!
 
Join Date: Apr 2007
Location: Langley
Posts: 4,201
Thanked 3,509 Times in 1,329 Posts
Failed 94 Times in 72 Posts
You won't be automatically guilty if the officer shows up, but it'll be your word against theirs so unless you have some sort of proof that you didn't violate any laws good luck.
MarkyMark is offline   Reply With Quote
This post thanked by:
Old 10-25-2017, 05:26 AM   #3
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
Failed 64 Times in 27 Posts
YOU will be deemed to have abandoned your dispute (ie are now pleading guilty) if YOU do NOT show up in court. If they show and you show then a trial is planned and that is what you wanted when you disputed the ticket. Evidence will be given by the Police and unless you raise a reasonable doubt or disprove it, you will be convicted. If the Police do not show and you do, you can ask the JP to dismiss the ticket. Unless there is a reason for the Police
not being there, you will have it quashed.
zulutango is offline   Reply With Quote
Old 10-25-2017, 09:58 AM   #4
I contribute to threads in the offtopic forum
 
Join Date: Dec 2003
Location: Vancouver
Posts: 2,777
Thanked 1,045 Times in 419 Posts
Failed 1,372 Times in 243 Posts
Quote:
Originally Posted by MarkyMark View Post
You won't be automatically guilty if the officer shows up, but it'll be your word against theirs so unless you have some sort of proof that you didn't violate any laws good luck.
So you're saying if both side have no evidence, it is your responsibility to bring forward evidence to prove you're not guilty?
mr_chin is offline   Reply With Quote
Old 10-25-2017, 10:20 AM   #5
OMGWTFBBQ is a common word I say everyday
 
Join Date: Apr 2006
Location: Tres Ciudades
Posts: 5,407
Thanked 3,680 Times in 1,522 Posts
Failed 150 Times in 53 Posts
Quote:
Originally Posted by mr_chin View Post
So you're saying if both side have no evidence, it is your responsibility to bring forward evidence to prove you're not guilty?
"Just pay your fuckin' ticket." - RS E-Thug


Yep, your responsibility to bring forward evidence. Most of the time, the officer will want to talk to you before to confirm his/her notes. Alternatively, you can ask to speak to the ticketing officer and explain your situation. I've done both, where I was pulled aside, I honestly explained my situation and the officer considered it and decided that he would charge me as the registered owner meaning no points and that he would leave any reduction to the justice's discretion.

I've had a situation where I've asked to speak the officer, he took a look at his notes and said that I was guilty as guilty can be and while he wasn't gonna give me some slack, he wouldn't object to a reduction.

I've had a situation where the officer said that he'd cut me some slack and dismiss the ticket altogether.

Key to it all is that you be respectful and honest to the officer. They do take detailed notes and are trained to spot violations. Small discrepancies are irrelevant so don't bother trying to get all technical and smart. Traffic court isn't Suits. Treat the officer with respect, explain your situation honestly, acknowledge your mistake and accept the consequences if so be it and you'll be fine.
__________________
"There's a lot of dead people who had the right of way."
"Never argue with stupid people, they will drag you down to their level and beat you with experience."
"I have a lot of beliefs, and I live by none of them. They're just my beliefs, they make me feel good about who I am. But if they get in the way of a thing I want, like I wanna jack off or something, I just do that."
6o4__boi is offline   Reply With Quote
This post thanked by:
Old 10-25-2017, 11:50 AM   #6
RS has made me the bitter person i am today!
 
Acura604's Avatar
 
Join Date: Apr 2001
Location: Vancouver
Posts: 4,807
Thanked 2,993 Times in 780 Posts
Failed 372 Times in 98 Posts
well.. YES and NO.

you really have a few options:

1. renegotiate the fine with the officer to an amount you can afford.
2. present your case to the judge and accept the judicial decision.
3. pay the ticket in FULL and GTFO.
Acura604 is offline   Reply With Quote
Old 10-29-2017, 03:58 PM   #7
I contribute to threads in the offtopic forum
 
Join Date: Dec 2003
Location: Vancouver
Posts: 2,777
Thanked 1,045 Times in 419 Posts
Failed 1,372 Times in 243 Posts
Quote:
Originally Posted by Acura604 View Post
well.. YES and NO.

you really have a few options:

1. renegotiate the fine with the officer to an amount you can afford.
2. present your case to the judge and accept the judicial decision.
3. pay the ticket in FULL and GTFO.
Quote:
My understanding is that (told by a friend), that if the officer who gave you a ticket shows up in court during your dispute, you are automatically guilty and have to pay the ticket? Is this true?

If so, if they accused you of violating a traffic infraction, don't they have the burden to provide evidence to prove that you are guilty?
This was the actually questions, not "what options do I have?"

But thanks for contributing.
mr_chin is offline   Reply With Quote
Old 10-29-2017, 04:30 PM   #8
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
Failed 64 Times in 27 Posts
Quote:
Originally Posted by mr_chin View Post
So you're saying if both side have no evidence, it is your responsibility to bring forward evidence to prove you're not guilty?
Read my post above. To answer this specific question...if the Crown presents no evidence then you have nothing to disprove and you do not need to enter any evidence against a charge that was never brought against you. Can't make it any simpler.
zulutango is offline   Reply With Quote
Old 10-29-2017, 04:41 PM   #9
Meet on the Level and Part on the Square
 
Zedbra's Avatar
 
Join Date: Apr 2013
Location: Squampton
Posts: 1,662
Thanked 2,093 Times in 669 Posts
Failed 187 Times in 69 Posts
Just talk to the officer like you do others here on RS and see how far that gets you.
Zedbra is offline   Reply With Quote
This post thanked by:
Old 10-30-2017, 12:55 PM   #10
RS has made me the bitter person i am today!
 
Acura604's Avatar
 
Join Date: Apr 2001
Location: Vancouver
Posts: 4,807
Thanked 2,993 Times in 780 Posts
Failed 372 Times in 98 Posts
pay the damn ticket u E-THUG ...quit being a cheapass. you know you're guilty so man up.
Acura604 is offline   Reply With Quote
This post thanked by:
Old 10-30-2017, 08:21 PM   #11
I contribute to threads in the offtopic forum
 
Join Date: Dec 2003
Location: Vancouver
Posts: 2,777
Thanked 1,045 Times in 419 Posts
Failed 1,372 Times in 243 Posts
Quote:
Originally Posted by zulutango View Post
Read my post above. To answer this specific question...if the Crown presents no evidence then you have nothing to disprove and you do not need to enter any evidence against a charge that was never brought against you. Can't make it any simpler.
Read it after I responded to MarkyMark, my bad.
mr_chin is offline   Reply With Quote
Old 10-30-2017, 08:22 PM   #12
I contribute to threads in the offtopic forum
 
Join Date: Dec 2003
Location: Vancouver
Posts: 2,777
Thanked 1,045 Times in 419 Posts
Failed 1,372 Times in 243 Posts
Quote:
Originally Posted by Zedbra View Post
Just talk to the officer like you do others here on RS and see how far that gets you.
Wouldn't happen if I know I was guilty. If I know I wasn't, I'd be all up in the officers face like this



Quote:
Originally Posted by Acura604 View Post
pay the damn ticket u E-THUG ...quit being a cheapass. you know you're guilty so man up.
I already said this wasn't a post about trying to evade... ok you know what... fuck you.
mr_chin is offline   Reply With Quote
This post thanked by:
Old 10-30-2017, 09:32 PM   #13
Even when im right, revscene.net is still right!
 
corollagtSr5's Avatar
 
Join Date: May 2002
Location: vancouver
Posts: 2,179
Thanked 1,090 Times in 318 Posts
Failed 294 Times in 64 Posts
Sometimes the judge can lower the amount of the ticket. Ive disputed one ticket where i stopped at the do not enter sign saw the officer, reversed and went around and he saw me and he chased me on foot. He then told me he was giving me a ticket for making him run. I showed up to court and we talked before trial and reminded him what he said to me and he told me to plead not guilty and the officer said lack of evidence on his defence lol.
corollagtSr5 is offline   Reply With Quote
This post thanked by:
Old 11-02-2017, 01:22 PM   #14
F**K YOUR HEAD
 
ilvtofu's Avatar
 
Join Date: Apr 2009
Location: vancouver
Posts: 8,719
Thanked 8,153 Times in 1,251 Posts
Failed 643 Times in 181 Posts
Quote:
Originally Posted by corollagtSr5 View Post
Sometimes the judge can lower the amount of the ticket. Ive disputed one ticket where i stopped at the do not enter sign saw the officer, reversed and went around and he saw me and he chased me on foot. He then told me he was giving me a ticket for making him run. I showed up to court and we talked before trial and reminded him what he said to me and he told me to plead not guilty and the officer said lack of evidence on his defence lol.
Ultimately there is a presumption of innocence, if an officer shows up it's not de facto guilty for the person disputing (Which I think is what OP asked). I've only ever been ticketed once and it was for speeding in a 60 km/h zone. My car was loud but because I was in 2nd gear at the time I knew I couldn't have been going over 60. Officer gave me a ticket for speeding and I asked him multiple times how fast I was going and he couldn't give me a straight answer just that I was speeding. (He was just stopped at a traffic light and saw me accelerating quickly from a stand still)

I disputed and went to court empty handed, cop had no evidence and the ticket was dropped. Had the ticket been for something else like driving without consideration I may not have been so confident. I think some of the responses here have been misleading, if the officer has zero evidence other than his/her word it's not worth shit.

The attitude that "if it's my word against an officers in court, the judge will obviously side with the PO" is probably what a cop would like you to believe but just isn't true. I'm not saying go out and pick on cops but at least try to have some understanding of basic legal principles
__________________
Miata
Fiesta
Feedback
ilvtofu is offline   Reply With Quote
Old 11-02-2017, 01:51 PM   #15
What hasn't Killed me, has made me more tolerant of RS!
 
Join Date: Feb 2017
Posts: 195
Thanked 202 Times in 68 Posts
Failed 1 Time in 1 Post
i was on my bike from at Main and Terminal going upstream towards MCD there.

It was a hot summer day, my bike was loud, and I was the first car at the intersection. I made it across the intersection first upon green light and was planning on stopping by MCD's to cool down. Cop pulled me over from behind saying I was "speeding".

There was no way I was speeding, just the fact that I accelerated quickly and my bike was loud which drew attention.

Same story as above, cop could not tell me how quick I was going. Literally made it across the intersection about to go into MCD and he says I was speeding through the intersection.

Disputed the ticket. The day prior, I re-scheduled my appointment. The day prior to my appointment I rescheduled it again. Then I showed up to my appointment and my officer wasn't there. Got off the hook.

Fuck em!
Gh0st is offline   Reply With Quote
Old 11-03-2017, 04:51 AM   #16
RS Peace Officer
 
zulutango's Avatar
 
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
Failed 64 Times in 27 Posts
Quote:
Originally Posted by Gh0st View Post
i was on my bike from at Main and Terminal going upstream towards MCD there.

It was a hot summer day, my bike was loud, and I was the first car at the intersection. I made it across the intersection first upon green light and was planning on stopping by MCD's to cool down. Cop pulled me over from behind saying I was "speeding".

There was no way I was speeding, just the fact that I accelerated quickly and my bike was loud which drew attention.

Same story as above, cop could not tell me how quick I was going. Literally made it across the intersection about to go into MCD and he says I was speeding through the intersection.

Disputed the ticket. The day prior, I re-scheduled my appointment. The day prior to my appointment I rescheduled it again. Then I showed up to my appointment and my officer wasn't there. Got off the hook.

Fuck em!

I'm surprised that the dispute system permitted you to reschedule the day before court-twice? What sort of life-altering excuse worked twice?
zulutango is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 05:36 AM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net