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Records kept for pulled over, no ticket?
inv4zn
10-29-2016, 03:44 PM
So something annoying happened today.
Driving into Burnaby on Marine, as usual per Saturday lots of traffic.
The straight stretch between Victoria and Kerr, there are always cars parked on the right-most lane. I'm sitting in middle lane, and I can see two asshats pull to the right lane between parked cars, move up, and then cut/"merge" back into the middle lane. They do this repeatedly, visible from my rearview mirror.
I'm sitting in the middle lane and traffic starts moving up because the light has turned green, and the two asshats are pulling up to my right. Because traffic is already moving and I don't feel like braking/impeding flow/letting them in, I continue forward. They brake hard, and pull into the middle lane behind me. Whatever, shit's over - right?
After Kerr, I'm in the right lane because I have to turn right on Boundary into the industrial park there, and the first asshat is aggressively tailgating the car that was in front of me just in case i want to pull back into the middle lane.
There are tons of police cars/officers in the right lane just before Boundary, because they pulled over some Hell's Angels bikers. Asshat #1 stops, calls over a PO, and apparently tells him I've been driving recklessly, then drives off.
PO pulls me over, asks for license/registration, tells me "the public has complained about me", runs my info, comes back and tells me I can go. I tell him I have video footage of the guy who reported me driving recklessly, but he essentially says "I don't care"
So, I'm annoyed that said asshat had the audacity to report me - now my question is is a record kept every time a PO runs my information? My driving record is pretty damn clean - 1 speeding ticket 9 years ago, and 1 illegal U-turn 13 years ago -- that's it.
Would reporting said asshat with dashcam footage get me anywhere? I've little desire to waste the police's time, but it's rather annoying to think he thinks he got away with his shitty driving and instead got me a ticket.
punkwax
10-29-2016, 05:48 PM
PO pulls me over, asks for license/registration, tells me "the public has complained about me", runs my info, comes back and tells me I can go.
Would reporting said asshat with dashcam footage get me anywhere? I've little desire to waste the police's time, but it's rather annoying to think he thinks he got away with his shitty driving and instead got me a ticket.
Did you get a ticket or not? Let's see the vid
ancient_510
10-29-2016, 06:00 PM
is is a record kept every time a PO runs my information?
Sometimes yes, often no.
You have the right to request access to records in both the public and private sector. If you want to find out exactly what information that VPD has on you, you may submit a FIPPA request to them.
Under the Freedom of Information and Protection of Privacy Act ("FIPPA") (http://www.bclaws.ca/civix/document/id/consol26/consol26/96165_00), you the right to request records that contain your own personal information, as well as records such as reports, audits, and financial information of a public body.
Fill in this form (http://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/initiatives-plans-strategies/open-government/open-information/request_for_access_to_personal_information.pdf) twice; once for the Ministry of Justice requesting copies of records relating to your person stored in the JUSTIN database, and the other for the Misistry of Public Safety and Solicitor General requesting copies of records relating to your person stored in the PRIME database.
Send it off and wait.
They will reply quickly. Replies could range from the records themselves, a request for additional details about the records you are requesting, proof that you are who you say you are (because only you may request your own private information), a fee estimate if you are requesting an exceptionally large number of files, a fee estimate if your request is very complicated, or a request for an extension of the 30 day response deadline.
Then once you actually have the records in-hand, you can then inform the body you requested them from that the records that the public body holds are incorrect. However, you do not have the right to expunge information arbitrarily at your request if it is correct but simply unflattering or unsavoury.
I am not a lawyer and this is not a replacement for competent legal advice.
inv4zn
10-29-2016, 07:25 PM
Did you get a ticket or not? Let's see the vid
No ticket. Not even a warning to not do something. PO just said "we wanted to make sure there's no medical emergency or anything, have a nice day." - after returning from his car with my license/reg.
You misunderstood me about the ticket - I am annoyed said asshat THINKS he got me a ticket.
Video is gonna be like 5 minutes long and I don't feel like editing it together (front and back) unless it's going to get me something. It was just regular driving in Vancouver until the police got involved unnecessarily.
Sometimes yes, often no.
You have the right to request access to records in both the public and private sector. If you want to find out exactly what information that VPD has on you, you may submit a FIPPA request to them.
Under the Freedom of Information and Protection of Privacy Act ("FIPPA") (http://www.bclaws.ca/civix/document/id/consol26/consol26/96165_00), you the right to request records that contain your own personal information, as well as records such as reports, audits, and financial information of a public body.
Fill in this form (http://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/initiatives-plans-strategies/open-government/open-information/request_for_access_to_personal_information.pdf) twice; once for the Ministry of Justice requesting copies of records relating to your person stored in the JUSTIN database, and the other for the Misistry of Public Safety and Solicitor General requesting copies of records relating to your person stored in the PRIME database.
Send it off and wait.
They will reply quickly. Replies could range from the records themselves, a request for additional details about the records you are requesting, proof that you are who you say you are (because only you may request your own private information), a fee estimate if you are requesting an exceptionally large number of files, a fee estimate if your request is very complicated, or a request for an extension of the 30 day response deadline.
Then once you actually have the records in-hand, you can then inform the body you requested them from that the records that the public body holds are incorrect. However, you do not have the right to expunge information arbitrarily at your request if it is correct but simply unflattering or unsavoury.
I am not a lawyer and this is not a replacement for competent legal advice.
Thanks - honestly I'm not terribly worried as really I don't do anything illegal, just a tad annoyed. I'm just thinking outloud here, but wouldn't asking for these files be a red flag of sorts anyway?
tiger_handheld
10-30-2016, 11:07 AM
why not report the asshat which you have on video?
eye for an eye.
smoothie.
10-30-2016, 08:11 PM
two sides to every story, and apparently OP doesn't want to upload 5 minutes to youtube.
they made it drag and drop years ago, and you can even cut and edit the video on there.
you can use it for your complaint of the other driver, which they might keep a record of in case they cause an accident next time
inv4zn
10-30-2016, 10:36 PM
lol, you guys are missing the point - the question was "are records kept for being pulled over with no ticket/citation/warning".
The reporting the guy was secondary, and frankly I don't care as much as my original post made it seem.
The other guy's story is going to be "I signaled to change lanes to avoid hitting a parked car but inv4zn didn't let me in and nearly caused a crash".
zulutango
10-31-2016, 05:57 AM
If a file was generated as the result of the "incident" there would be a record kept. From what the OP said, it appears it was dismissed at roadside. Head to Timmies....you will be safe there and not have your ride 'jacked by the Cops. :)
sebberry
10-31-2016, 08:29 AM
There would be a record that the plate or licence was queried though, right? Regardless if the incident was dismissed.
6o4__boi
10-31-2016, 08:35 AM
these "unofficial records"
do they have a retention period? are they wiped clean after a certain period of time? Or will they always come up if a PO runs a person's name?
ancient_510
10-31-2016, 07:37 PM
these "unofficial records"
do they have a retention period? are they wiped clean after a certain period of time? Or will they always come up if a PO runs a person's name?
If you are talking about PRIME, according to the BC Civil Liberties Association (https://fipa.bc.ca/information-and-privacy-commissioner-announces-investigation-of-bcs-prime-police-database-4/):
"While PRIME-BC was introduced in the Legislature as a way to better combat serial killers, sexual offenders, and career criminals, it would seem that minor traffic violations are enough to land B.C. residents in the police database, indefinitely."
inv4zn
10-31-2016, 08:03 PM
Traffic violations, even minor, are official - and I have no issue with them being on record/database.
It's the unofficial ones I'm curious of, and so far Zulutango has answered it isn't.
ancient_510
10-31-2016, 08:14 PM
Traffic violations, even minor, are official - and I have no issue with them being on record/database.
It's the unofficial ones I'm curious of, and so far Zulutango has answered it isn't.
PRIME-BC stores non-conviction information.
OIPC INVESTIGATION REPORT F14-01 (https://www.oipc.bc.ca/investigation-reports/1631)
Non-conviction information includes:
warrants for arrest
peace bonds or restraining orders in effect
information about adverse police contact
charges approved by Crown Counsel that do not result in convictions
investigations that do not result in charges
information about apprehensions under the Mental Health Act
However, often minor things are simply not entered by police in to the database.
sho_bc
11-01-2016, 05:56 AM
PRIME (and before that, PIRS):
Any time a report is made to police (911 or non-emergency), a record is generated to document that report. This report should include the name/contact information of the person making the report and the details of said report. Depending on the circumstances of the report/how it was dealt with, there could be additional details relating to other people, vehicles, places, etc.
"Ran my information":
There is a log of all queries done by police (and non-police personnel that have access to the various systems) that links the query to that person running the query. This is a checks-and-balances type thing, as we are not allowed to run people willy-nilly. It has to be for an investigative purpose.
Checks of licence plates on CPIC are visible for 72 hours, then have to be viewed using an "off-line search". There is only an off-line search for non-licence plate searches on CPIC and I believe special privileges are needed for PRIME query logs after a certain point as well.
As for the OP, there is probably no record of your interaction, other than a log generated that your licence was run at whatever date and time by that officer.
inv4zn
11-01-2016, 07:08 AM
^Thank you, best answer.
zulutango
11-02-2016, 01:33 PM
Now do what I said at the close of post #8..... :)
inv4zn
11-02-2016, 04:19 PM
^I did go to timmies, but I donno what you mean by getting my car 'jacked by the cops...
zulutango
11-02-2016, 08:02 PM
Pulled over and given a hard time. Just don't park in their spots next to the door. :)
inv4zn
11-02-2016, 09:18 PM
haha it's a completely stock family econobox..so..lol.
But thanks for the advice, good to know law enforcement is not approachable :P
zulutango
11-04-2016, 05:44 AM
Install a couple of kiddie car sets in the back....total cloak of invincibility to protect you from ever getting a ticket...when the see them. They will look at the car and the car seats and figure you have enough problems as it is. :)
sebberry
11-05-2016, 08:41 AM
Traffic violations, even minor, are official - and I have no issue with them being on record/database.
It's the unofficial ones I'm curious of, and so far Zulutango has answered it isn't.
Even ICBC doesn't hold onto this stuff longer than 5 years. Why it needs to be kept on PRIME I don't know...
zulutango
11-05-2016, 05:02 PM
Well you DO keep misbehaving yourself............:)
sebberry
11-05-2016, 05:15 PM
Well you DO keep misbehaving yourself............:)
Do?
Let's set the record straight once and for all...
Soundy
11-06-2016, 08:50 AM
That just means you haven't been caught.
zulutango
11-06-2016, 10:10 AM
When they presented me with my Long Service Medal...it's also know as "20 years of undetected crime"... :)
sebberry
11-06-2016, 10:25 AM
That just means you haven't been caught.
I dunno. Clean record since my L days... if I was horsing around I think I'd have been caught.
Soundy
11-06-2016, 10:54 AM
I dunno. Clean record since my L days... if I was horsing around I think I'd have been caught.
My wife has been driving over 44 years, never even been stopped for speeding, let alone gotten a ticket... and she's a total lead-foot. Had three accidents in all that time, none of them even remotely her fault (one rear-ended, one witnessed by a cop, one hit by a cop).
So yeah, clean record don't mean shit.
meme405
11-07-2016, 10:45 AM
My wife has been driving over 44 years, never even been stopped for speeding, let alone gotten a ticket... and she's a total lead-foot. Had three accidents in all that time, none of them even remotely her fault (one rear-ended, one witnessed by a cop, one hit by a cop).
So yeah, clean record don't mean shit.
100% of drivers break some sort of MVA law every single day.
Whether it's speeding, rolling a stop sign, not signaling, etc.
So yeah a clean driving record is indicative of a few factors (usually more than one of these will apply):
1. How often they drive. If you drive a lot your more likely to have a ticket than someone who drives once a week to the store and back.
2. the extent to which they break different laws, obviously speeding 5km/h is less likely to result in a fine than someone who goes 90km/h through a school zone.
3. Where they drive, rural areas are less likely to have cops patrolling, than somewhere like DT vancouver (this is a generalization). Also rural areas cops often focus on particular spots, so they are more predicatable.
4. The car you drive, a guy in a corolla is less likely to get yanked than a guy in a straight piped, red, mustang.
5. Luck - Also falling into this category if you use radar detectors and such.
There is others as well. So I agree with Soundy, having a clean record is not necessarily indicative of a law abiding driver, or even a safe driver for that matter. In that same breath though not having a dozen tickets and accidents does mean you are WAYY closer to being a safe driver than a dangerous one.
MarkyMark
11-07-2016, 07:20 PM
In my experience if you drive like an asshole 100% of the time you'll be the guy who has a rap sheet a mile long. If you are the kind of driver who picks their spots and generally go with the flow the rest of the time, you'll find you get away with a lot more.
A little luck never hurts either.
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