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: I got my first traffic violation ticket....fcuk


hkRicer
02-12-2013, 07:55 PM
First of all, i am a mature driver with 10+ years of driving exp and never receive a driving violation ticket in my life. (Probably just being lucky) I admit I did wrong :okay:

I picked up my car today from Surrey, so I did a little bit of spirit driving on my way back to Richmond. Apparently there was an off duty cop caught me in the act of excessive speeding.... He wrote down my license plate and waited for me to get home at night then gave me a big fat ticket.

-Speed against highway Sign 146 (3)
-Follow too close by 162 (1)
-Change lane without signal 151 (c)

The total comes to about $350

My only concern is, how is this going to effect my insurance discount rate? I asked the cop he said he's not sure if it will be effected. :okay:

bloodline129
02-12-2013, 08:02 PM
That's not a fat ticket at all lool.... It won't affect it insurance... Prior license renewal u will have to pay off your points what come with the ticket
Posted via RS Mobile

Spidey
02-12-2013, 08:04 PM
You got it good.

ICBC | Fines and penalty points for B.C. traffic offences (http://www.icbc.com/driver-licensing/tickets/paying-disputing/chart-offenceswithfines)

ICBC | Driver Penalty Points premium chart (http://www.icbc.com/driver-licensing/tickets/dpp/dpp-chart)

8 pts total... so even if you don't get anymore VT's until your next renewal, you will have to pay ICBC 520 bucks on top of the fines

Spidey
02-12-2013, 08:06 PM
That's not a fat ticket at all lool.... It won't affect it insurance... Prior license renewal u will have to pay off your points what come with the ticket
Posted via RS Mobile

if he has to pay off the points, then wouldn't you say that is DOES affect his insurance

hkRicer
02-12-2013, 08:07 PM
You got it good.

ICBC | Fines and penalty points for B.C. traffic offences (http://www.icbc.com/driver-licensing/tickets/paying-disputing/chart-offenceswithfines)

ICBC | Driver Penalty Points premium chart (http://www.icbc.com/driver-licensing/tickets/dpp/dpp-chart)

8 pts total... so even if you don't get anymore VT's until your next renewal, you will have to pay ICBC 520 bucks on top of the fines

Sigh, lesson learned. This totally ruin my day lol

firebird79_00
02-12-2013, 08:08 PM
dispute it, cop might not show anyway

hkRicer
02-12-2013, 08:09 PM
if he has to pay off the points, then wouldn't you say that is DOES affect his insurance

I'm confused, so does it affect my insurance rate?

TheKingdom2000
02-12-2013, 08:20 PM
So you're saying that an off duty cop went out of his way to make sure you got a ticket?
And he cited you three violations? Generally, if you were simply speeding you would have only gotten that citation.

The fact that he cited you two more times indicates to me that you aren't as innocent as you want us to believe.

I have been rushed or under the gun as well, but if i'm rushing to my destination I still make sure I signal and leave enough space between me and everyone else. Just because I'm in a rush, doesn't mean I forget the rules of the road. As far as I'm concerned, you deserved the tickets and the fines. This is solely based on the fact an off duty officer felt the need to get off his fat ass to give you a ticket. This tells me you must have been driving irresponsibly.

hkRicer
02-12-2013, 08:24 PM
So you're saying that an off duty cop went out of his way to make sure you got a ticket?
And he cited you three violations? Generally, if you were simply speeding you would have only gotten that citation.

The fact that he cited you two more times indicates to me that you aren't as innocent as you want us to believe.

I have been rushed or under the gun as well, but if i'm rushing to my destination I still make sure I signal and leave enough space between me and everyone else. Just because I'm in a rush, doesn't mean I forget the rules of the road. As far as I'm concerned, you deserved the tickets and the fines. This is solely based on the fact an off duty officer felt the need to get off his fat ass to give you a ticket. This tells me you must have been driving irresponsibly.

i never said i was innocent, maybe u should we read my post again. I just want to know if it will affect my insurance premium.

Spidey
02-12-2013, 08:25 PM
So you're saying that an off duty cop went out of his way to make sure you got a ticket?
And he cited you three violations? Generally, if you were simply speeding you would have only gotten that citation.

The fact that he cited you two more times indicates to me that you aren't as innocent as you want us to believe.

I have been rushed or under the gun as well, but if i'm rushing to my destination I still make sure I signal and leave enough space between me and everyone else. Just because I'm in a rush, doesn't mean I forget the rules of the road. As far as I'm concerned, you deserved the tickets and the fines. This is solely based on the fact an off duty officer felt the need to get off his fat ass to give you a ticket. This tells me you must have been driving irresponsibly.

he never said he was innocent. A LOT of people fail to signal, even though it only takes a flick of a finger.

After you pay off your points, there are no other fees additional to that.

Soundy
02-12-2013, 08:27 PM
It does not affect your insurance premium.

ICBC assesses a penalty based on the points that you have to pay before you can renew your insurance, but it won't affect the amount of your insurance.

Soundy
02-12-2013, 08:28 PM
Oops, nevermind

StylinRed
02-12-2013, 08:30 PM
So you're saying that an off duty cop went out of his way to make sure you got a ticket?
And he cited you three violations? Generally, if you were simply speeding you would have only gotten that citation.

The fact that he cited you two more times indicates to me that you aren't as innocent as you want us to believe.

I have been rushed or under the gun as well, but if i'm rushing to my destination I still make sure I signal and leave enough space between me and everyone else. Just because I'm in a rush, doesn't mean I forget the rules of the road. As far as I'm concerned, you deserved the tickets and the fines. This is solely based on the fact an off duty officer felt the need to get off his fat ass to give you a ticket. This tells me you must have been driving irresponsibly.

he's not denying that, he just wanted to know how much more of a hit he'll face

MaxinX
02-12-2013, 08:31 PM
You'll get points if you pay. So not only will you have to pay the fines from the ticket, ICBC will fine you after 4 points and will continue to do so until 15 points. At that point your license must be surrendered. I'm around 8 points right now, and disputing 2 because the cop was treating me like a criminal. So no your insurance wont be affected, i.e your premiums wont go up. So if you pay off the ticket, you'll also get a fine by ICBC for $520 with your 8 points the day after your birthday. Then you have 2 choices, Pay the fine or surrender your license for 6 months for half the payment, or 1 year for a full payment.

But I agree with Firebird, dispute all and any tickets. There's a chance you'll never have to see a court date, or the officer might not show up, or at least a reduced fine. Worst case scenario that I know of is you lose the case, and have to pay a $30 something fee for the court time.

That being said. This is what I think I know. But I recently talked to ICBC about the points in person. and even if you pay it, It stays with you for 5 years until they remove it from your record to the public.

inv4zn
02-12-2013, 08:34 PM
If you were going +40 over the speed limit, I'd count your blessings as your day could have been much more worse...I'd even say you were lucky.

That being said, it does seem like a dick move.

It technically doesn't affect your insurance rate, but you'll have to pay the $520 as showed on the DPP, to ICBC. One-time penalty thing.

asian_XL
02-12-2013, 08:38 PM
what are the rights of an off duty officer anyway? I got pulled over by one driving in a Prelude before, he showed his badget and claimed he could issue me a ticket and put anyone in jail bla bla bla, but that one just left with a verbal warning.

quasi
02-12-2013, 08:50 PM
It happens, the 68 year old guy I work with got his car impounded and an excessive speeding ticket this summer on hwy 1 coming to work in the morning. Happened on a Friday, was a 7 day impound but they don't release the car on the weekends and the Monday was a stat. He ended up losing his car for 10 days then they charged him extra for the privilege of keeping it those extra days.

TheKingdom2000
02-12-2013, 08:57 PM
You are right. You did admit you were at fault.
I guess I just got irritated because I hate drivers who drive reckless or obliviously.

falcon
02-12-2013, 09:03 PM
You should at least dispute it to get the chance to have then waive the points. If he doesn't show, plead not guilty. If he does show, plead guilty and request the fine be lowered and points removed. None tones out of ten you'll leave the court house with a minimal fine and no points on your lic.
Posted via RS Mobile

Ludepower
02-12-2013, 09:09 PM
I believe you're charged base on your points for the next 3 years.

Eff-1
02-12-2013, 09:38 PM
lol you must have been driving like a total wanker to have an off duty officer actually take the time to write down your plate then come personally serve you with a ticket that night and charge you with three separate things.

Eff-1
02-12-2013, 09:40 PM
was it the same cop who was off duty and then write you the ticket? if it was two separate officers, i'd dispute since both will have to appear in court for the charges to stick. your chance of escaping is much higher.

ImportPsycho
02-12-2013, 09:57 PM
I picked up my car today from Surrey, so I did a little bit of spirit driving on my way back to Richmond. Apparently there was an off duty cop caught me in the act of excessive speeding.... He wrote down my license plate and waited for me to get home at night then gave me a big fat ticket.



Huh? he wrote down your plate number, found out where you live and went your house, and waited outside?

WTF?

hkRicer
02-12-2013, 10:09 PM
lol you must have been driving like a total wanker to have an off duty officer actually take the time to write down your plate then come personally serve you with a ticket that night and charge you with three separate things.

It is the same cop cause he said he saw me speeding and changing lane without signaling on hwy 1. He said he was originally planning to give me 6 citations and impounding my car. The first question he asked me is if I could speak English :okay:

hkRicer
02-12-2013, 10:10 PM
Huh? he wrote down your plate number, found out where you live and went your house, and waited outside?

WTF?

Yeah that's exactly what happened.

bananana
02-12-2013, 10:25 PM
Are cops even allows to do that?

ImportPsycho
02-13-2013, 12:31 AM
Yeah that's exactly what happened.

that fked up
never heard of any cops stalking like that.
usually they pull you over as soon as they see the violation.
something doesn't sound right....

corollagtSr5
02-13-2013, 01:16 AM
Dispute it. He can't prove it was you who was driving your vehicle. Did he have to ask someone in the house if you were home. When you came to the door he gave you the ticket and walked off? Did he ask you if you were _____ _____. If he did, he most likely didn't know who was driving. He just wrote you up because your the owner of the vehicle. You can probably get the points written off. Just like when a vehicle runs a red light. They have proof that the vehicle was involved in an infraction, but the driver does not have to pay points. How can he see your face when he's following behind you watching your awesome driving skills.

jackal
02-13-2013, 01:38 AM
something doesn't sound right....

THIS!!!

i think this should get moved to the police forum to get some more knowledgeable answers. i've NEVER heard of an officer giving a ticket like this.

KO7
02-13-2013, 05:12 AM
I'm guessing you were driving your 2012 M3 rather than your 2003 Echo at the time.

:badpokerface:

Shorn
02-13-2013, 08:25 AM
what are the rights of an off duty officer anyway? I got pulled over by one driving in a Prelude before, he showed his badget and claimed he could issue me a ticket and put anyone in jail bla bla bla, but that one just left with a verbal warning.

once police officers are sworn in they have all the powers listed under the police act 24/7.

they don't need to be on the clock in order to enforce the law.

entrax
02-13-2013, 08:37 AM
probably should go to dispute this one. does he have proof of you doing what you did? he has to prove you specifically guilty. if he had to come to your house to issue you a citation, he can't even prove who was in the car...

did he get to your house on the same night? did he get to your house before you did on the same drive?

Spidey
02-13-2013, 08:59 AM
You should at least dispute it to get the chance to have then waive the points. If he doesn't show, plead not guilty. If he does show, plead guilty and request the fine be lowered and points removed. None tones out of ten you'll leave the court house with a minimal fine and no points on your lic.
Posted via RS Mobile

you cannot dispute it to have the points waived. Going to traffic court is you either pleading guilty (with a possible fine reduction) or not guilty. The point system is solely in the hands of ICBC, so good luck with that.

Dispute it. He can't prove it was you who was driving your vehicle. Did he have to ask someone in the house if you were home. When you came to the door he gave you the ticket and walked off? Did he ask you if you were _____ _____. If he did, he most likely didn't know who was driving. He just wrote you up because your the owner of the vehicle. You can probably get the points written off. Just like when a vehicle runs a red light. They have proof that the vehicle was involved in an infraction, but the driver does not have to pay points. How can he see your face when he's following behind you watching your awesome driving skills.

All he has to say is that the driver he saw behind the wheel was the same as the one who he served the ticket to. If he somehow didn't see the driver, then the ticket goes to the registered owner of the vehicle. Regardless whether that is the OP or not, someone is getting hit with the ticket.

that fked up
never heard of any cops stalking like that.
usually they pull you over as soon as they see the violation.
something doesn't sound right....

What about it doesn't sound right? Is it a common occurrence, not really, but he must have been driving pretty excessively to have an off duty PO believe he deserved to be served a VT. It probably wouldn't have been safe for an off duty police officer in his own unmarked/unequipped vehicle, trying to conduct a traffic stop on another vehicle on the highway.

probably should go to dispute this one. does he have proof of you doing what you did? he has to prove you specifically guilty. if he had to come to your house to issue you a citation, he can't even prove who was in the car...

did he get to your house on the same night? did he get to your house before you did on the same drive?


Read the above. The RO will get nailed if he cannot prove.. And go ahead and go to court and LIE to the judge saying you weren't driving.:suspicious:

It doesn't matter when he went to OP's house. You don't have to be served that same day. From what I believe, you can be served within 6 months (I could be wrong here) but there is a time frame.

Soundy
02-13-2013, 11:13 AM
usually they pull you over as soon as they see the violation.
That might be hard to do if the cop was driving his personal vehicle, which is probably not equipped with the lights and siren.... what he gonna do, follow OP and flash his headlights?

Anyway... I think BlueG2 is mostly right, there's no escaping the ticket just because OP wasn't pulled over on the spot. As others have noted though, there MAY be an out from the DPP if the cop can't prove who the driver was. It's the same with red light cameras, it was the same with photo radar: the ticket went to the car's RO, but the points attach to the driver.

Now the catch with cameras is, if you want to dispute, you MUST nominate someone else as the driver. You can't just say, "It wasn't me and I don't know who it was". Unless you can prove it was stolen, the care and control of YOUR car is YOUR responsibility... so if a camera caught someone else doing doing something illegal in YOUR car, either YOU suck it up, or you throw that someone else under the proverbial bus.

And I fully expect the same would apply here: disputing the ticket means admitting you were the driver.

quasi
02-13-2013, 11:19 AM
Double Post Delete please

Gumby
02-13-2013, 11:21 AM
03 PW Echo ~ beater
05 Rio S2K ~ Project car
12 E92 AW M3 ~ my baby

You have an interesting stable. :)

quasi
02-13-2013, 11:22 AM
That might be hard to do if the cop was driving his personal vehicle, which is probably not equipped with the lights and siren.... what he gonna do, follow OP and flash his headlights?

Anyway... I think BlueG2 is mostly right, there's no escaping the ticket just because OP wasn't pulled over on the spot. As others have noted though, there MAY be an out from the DPP if the cop can't prove who the driver was. It's the same with red light cameras, it was the same with photo radar: the ticket went to the car's RO, but the points attach to the driver.

Now the catch with cameras is, if you want to dispute, you MUST nominate someone else as the driver. You can't just say, "It wasn't me and I don't know who it was". Unless you can prove it was stolen, the care and control of YOUR car is YOUR responsibility... so if a camera caught someone else doing doing something illegal in YOUR car, either YOU suck it up, or you throw that someone else under the proverbial bus.

And I fully expect the same would apply here: disputing the ticket means admitting you were the driver.

The problem with cameras is if you wern't served it wasn't a valid ticket. They couldn't just mail it to you and add it on your record because it skipped the whole due process thing and ability to fight it. They would mail it but that was just a notice more or less, not you actually getting served and if anything it put you on alert, watch out for the bylaw guys. I had a couple speeding tickets (by camera) that I never had to pay. Everytime the bylaw person came to serve the ticket I was never home, or maybe I didn't answer the door? Either way, never had to pay. You just wait two years or longer and if at that point they serve it you can fight it on the grounds you wern't served the ticket in a reasonable time.

I even had one get a hold of me on the phone and tell me she'd be right over she had something for me to sign. I told her sorry I'm going out. She say's I better wait or she's coming with the Police. Empty threats, they have more important shit to do.

Maybe the laws have changed but that's how it used to be.

FerrariEnzo
02-13-2013, 01:27 PM
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?

quasi
02-13-2013, 01:37 PM
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?

Of course, if they could only issue on the spot that would mean if you ran and escaped you would be scott free everytime.

Spidey
02-13-2013, 01:38 PM
I didnt know cops can wait outside houses and issues tickets..

arent tickets suppose to be issues ON-SPOT?

did you not read my post?

Happy
02-13-2013, 01:39 PM
It happens, the 68 year old guy I work with got his car impounded and an excessive speeding ticket this summer on hwy 1 coming to work in the morning. Happened on a Friday, was a 7 day impound but they don't release the car on the weekends and the Monday was a stat. He ended up losing his car for 10 days then they charged him extra for the privilege of keeping it those extra days.

7 day impound = 9 calender days
so if he paid for 10 calender days he really only paid for one extra day

quasi
02-13-2013, 02:01 PM
7 day impound = 9 calender days
so if he paid for 10 calender days he really only paid for one extra day

I'm just going by from what he told me. Let's say it's even one extra day, that still is kind of fucked up. We're given penalties and punishments for a reason, I'm not disputing the fact his car should be impounded. It's impounded for a set amount of time, when that time is up the car should be released. Not that much different then getting a jail sentence and not being released when your time is up because it's a holiday and then sending you a bill for that nights accomidations. Tow companies are using it as a way to generate extra income above and beyond the impounds.

Psykopathik
02-13-2013, 02:52 PM
Sigh, lesson learned. This totally ruin my day lol

think of all the glorious days of breaking the law, you did get away with, and average it out.

pretty cheap.:badpokerface:

|<e|_
02-13-2013, 05:23 PM
you cannot dispute it to have the points waived. Going to traffic court is you either pleading guilty (with a possible fine reduction) or not guilty. The point system is solely in the hands of ICBC, so good luck with that.

It doesn't matter when he went to OP's house. You don't have to be served that same day. From what I believe, you can be served within 6 months (I could be wrong here) but there is a time frame.

You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.

As the ticket...I believe it's actually a Year time frame cause someone told me about him going to traffic court and told the cop he wrote something wrong on the ticket. So the cop looked at the ticket...saw it was within 1 year still and wrote him a new ticket on the spot.

Happy
02-13-2013, 05:32 PM
I'm just going by from what he told me. Let's say it's even one extra day, that still is kind of fucked up. We're given penalties and punishments for a reason, I'm not disputing the fact his car should be impounded. It's impounded for a set amount of time, when that time is up the car should be released. Not that much different then getting a jail sentence and not being released when your time is up because it's a holiday and then sending you a bill for that nights accomidations. Tow companies are using it as a way to generate extra income above and beyond the impounds.

Yes I know impound fees are bullshit. You're talking to a guy that's been falsely charged with driving while prohibited three times. Each time my car got impounded, for a day, for a week, then a month. Apparently there's no way for me to get compensation for the impound fees even though none of the charges made it to court. I hate power tripping pigs. I do love the ones that actually do their job properly though.


You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.


How did you manage to do that? What did you say? Fill me in :ilied:

z3german
02-13-2013, 05:56 PM
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.

CRS
02-13-2013, 06:04 PM
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.

This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.

Spidey
02-13-2013, 06:11 PM
[quote=|<e|_;8159147]You can dispute to have points waived and just pay the fine. The judge is able to make that happen. I did that for my previous two tickets cause I didn't want to pay for the penalty points.

The judge has nothing to do with having the points waived. What happens is that you can request to have the VT be issued to the RO instead of "driver". I believe this is negotiated between yourself and the police officer, not the judge. You have to be prepared to plead guilty.

z3german
02-13-2013, 06:45 PM
This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.

True, then again the Judge might not want to tie up more court time for something an officer was suppose to do on his/her own time rather than the courts time. Even if Judge reschedules, gives you more time to rack up bank, or review the evidence; the officer could just be firing empty bullets/make a mistake in the notation of the incidents.

Vale46Rossi
02-13-2013, 06:46 PM
Dispute it

get the court date

mail the officer asking for disclosure (all evidence he is going to use in court)

If the officer sends you the disclosure, you know you were speeding anyways and go to court (apologize for speeding in the first place to the officer), then in court say you are sorry and accept the fines with hopes of a reduction.

If the officer doesnt send you disclosure, congrats you just won your case. Go to court saying when you requested disclosure you were not sent any therefore there is no evidence for the penalties in which the officer cited you for. If the judge asks if you want to see the evidence outside the courtroom, respectfully decline saying that it will not give you enough time to build a case unless they want to reschedule a court date (unlikely).

If the officer does not show up, congrats you won your case.

DISPUTE YOUr TICKETs FOR THE SOLE BASIS OF BEING ABLE TO ASK THE OFFICER FOR DISCLOSURE. MANY TIMES THE OFFICER DOES NOT TAKE NOTES CORRECTLY, OR IS LAZY, OR IS JUST BULLSHITTING IN THE FIRST PLACE.

You are just using your right to a FAIR trial.

For good measure mail the officer as soon as you get the letter stating your court date. I would send the letter two times, one more time maybe 3 weeks after the first. Bring a copy of what you sent the officer to court, remember to write the dates down on which you sent it so the judge can see that the officer had a reasonable amount of time to send you disclosure.

This is not true. The JP will simply get the officer to give you the documents there and reschedule your court date.


^ This.


Also a judge can make the cop give you the evidence and you can be back in court within 30 minutes.

This has happened to my friend.

If the judge thinks 30 minutes is reasonable since his evidence is simple then you already lost the case.

z3german
02-13-2013, 06:58 PM
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.

4444
02-13-2013, 07:11 PM
I would worry about my English, if I were you. Will help you way more than worrying about 1 ticket in 10 years.

Vale46Rossi
02-13-2013, 09:18 PM
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.

MaxinX
02-14-2013, 01:56 PM
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.

Spidey
02-14-2013, 02:15 PM
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.

hkRicer
02-14-2013, 03:07 PM
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?" :troll:

MaxinX
02-14-2013, 03:12 PM
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":badpokerface:

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. :okay:

corollagtSr5
02-14-2013, 06:28 PM
Alleged 299km/hr Joyrider Charged With Dangerous Driving – But Where Is He? | CTV Vancouver Island (http://www.ctvvancouverisland.ca/2012/07/alleged-299kmhr-joyrider-charged-with-dangerous-driving-but-where-is-he/)

victoria highway run 299km - YouTube

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.

zulutango
02-14-2013, 08:56 PM
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.

Spidey
02-14-2013, 11:10 PM
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

Gumby
02-15-2013, 08:40 AM
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...

Spidey
02-15-2013, 08:51 AM
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.