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-   -   Can a driver get fined for brake checking? (https://www.revscene.net/forums/715475-can-driver-get-fined-brake-checking.html)

is350 10-19-2018 06:46 PM

Can a driver get fined for brake checking?
 
Hey guys,

In BC, according to the MVA or whatever traffic law this belongs to, can a driver get fined for brake checking another driver if it was caught on dashcam?

Assuming there was no accident, and the dashcammer is a bystander car or the car getting brake checked, so the dashcammer forwards the video to the police after the incident.

Paging zulutango, other police offers, and revscene experts...Thanks!

T4RAWR 10-20-2018 01:35 AM

Could probably issue a vt for drive without consideration.

:pokerface:

zulutango 10-21-2018 07:46 AM

Driving without due care would be an appropriate MVA charge or, depending on the circumstances it could be criminal code dangerous driving or criminal neg.

is350 10-21-2018 05:53 PM

Quote:

Originally Posted by zulutango (Post 8924694)
Driving without due care would be an appropriate MVA charge or, depending on the circumstances it could be criminal code dangerous driving or criminal neg.

going back to a thread that I created a while ago here:

https://www.revscene.net/forums/7130...lled-over.html

It seems like the ticket must be served to the driver in person in order for it to be active right?

So in this case where the driver gets filmed brake checking another driver, how would the police go about serving the ticket? and how can the police determine who the driver was at the time?

Does the police really go the extra mile to ticket the brake checker? I thought it's only if you get pulled over right away, you will be fined. Or if it's a red light camera, then you could be mailed a ticket.

Thanks again!

zulutango 10-23-2018 06:16 AM

The "victim" would first be interviewed and a statement taken. IF evidence given in that statement warranted a charge then the owner of the involved vehicle would have to be interviewed unless Police witnessed the actions. The owner would be asked who was operating the car at that time. If they refused to ID the driver then they (*the owner) would be issued a ticket as the owner....IF EVIDENCE SUPPORTED THE CHARGE. The "victim" would have to be willing to attend court and would be called as a Crown witness in any trial and would be subject to cross examination. If the JP agrees the charge has been proven then penalties would be applied.


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