Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
 |
10-19-2018, 06:46 PM
|
#1
|
|
Where's my RS Christmas Lobster?!
Join Date: Nov 2012
Location: Vancouver
Posts: 897
Thanked 1,225 Times in 257 Posts
Failed 326 Times in 95 Posts
|
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!
|
|
|
|
10-20-2018, 01:35 AM
|
#2
|
|
Survivor MOD
Join Date: Jan 2012
Posts: 2,138
Thanked 1,623 Times in 577 Posts
Failed 37 Times in 21 Posts
|
Could probably issue a vt for drive without consideration.
|
|
|
|
10-21-2018, 07:46 AM
|
#3
|
|
RS Peace Officer
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
Failed 64 Times in 27 Posts
|
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.
|
|
|
|
|
10-21-2018, 05:53 PM
|
#4
|
|
Where's my RS Christmas Lobster?!
Join Date: Nov 2012
Location: Vancouver
Posts: 897
Thanked 1,225 Times in 257 Posts
Failed 326 Times in 95 Posts
|
Quote:
Originally Posted by zulutango
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!
|
|
|
|
|
10-23-2018, 06:16 AM
|
#5
|
|
RS Peace Officer
Join Date: Feb 2007
Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
Failed 64 Times in 27 Posts
|
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.
|
|
|
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -8. The time now is 01:28 AM.
|
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!
