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Speeding Ticket help in BC

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Old Aug 10, 2005, 8:22 am
  #16  
 
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Not True

Atleast in the prov of BC a peace officer does not have to show you the speed on the radar gun. Nor do they even need a radar gun to approx your speed.
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Old Aug 10, 2005, 8:38 am
  #17  
 
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ALWAYS contest a speeding ticket in court.

When doing so, you are allowed to ask the crown to provide their evidence (ask for disclosure) prior to the trial. Contained in this evidence should be the various checks that the officer went through to calibrate his radar, any notes he took on the stop, etc.

This is important for 2 reasons:

1. Often the crown delays giving you proper disclosure, and you can have the case thrown out for this reason.

2. There are often inaccuracies in the disclosure itself (i.e. the officer didn't properly test his radar gun prior to nabbing you, which is grounds for dismissal in Ontario).

3. The officer might have recorded very little in his notes, giving you more ammunition when in court.

It is your right to ask for disclosure from the crown. I don't know how you go about getting it in BC, but you should make a request at the courthouse once you have a court date arranged.

In Ontario, even a 1 km/h over ticket will boost your insurance (points don't matter, really, unless you are a terror on the roads and are in danger of accumulating so many points you have a suspension hanging over your head), so it ALWAYS makes sense to fight tickets.
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Old Aug 10, 2005, 10:18 am
  #18  
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Originally Posted by Lee A Carney
Perhaps the officer didn't indicate the speed on your ticket because he didn't actually clock you on his radar? You mentioned that the cop was going the other direction, observed you speeding, then pulled you over.....
Oh he knew how fast I was going, he told me I was 22km over and that was about right when I looked.

I am not going to jump through hoops to fight this as I was speeding and this is Williams Lake which is out of the way even though I have to go back. If there is an error in the ticket (leaving the "registered owners name" blank) it's worth my time to show up. If that's not going to affect how the courts look at this then I will just pay the fine and accept my 3 points.

I figure that since this is the first ticket in 18 years I'm probably not in too much danger of getting another one given my driving habits. That said, why have one sitting on my record if there is a "reasonable out".

Thanks for all the replies so far. Btw, still waiting for Taupo
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Old Aug 10, 2005, 10:22 am
  #19  
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note to cattle.....

Williams Lake you say.

I believe that there are big ranches up that way.

It is indeed cattle country
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Old Aug 10, 2005, 10:23 am
  #20  
 
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Originally Posted by UPS6009
Being that you were pulled over by probably a highway patrol RCMP member, do you really thing he filled out the ticket wrong. All that member does each day is.. write tickets. You sped, and broke the law, fess up and pay the consequence. That big number on the sigh does not say "Anywhere in the neighborhood of 90 Km/h"
Radar or not RCMP members are trained in vehicle speed estimation and they're word and judgment holds up in court. Luckily he reduced the fine which is why no speed was written on the ticket.
What he said!

You were speeding. Stop whining and trying to weasle out of the fine. If there was a speed written on the ticket, you would be paying $192.
If you are that outraged, take it to court. That's what the court is there for. If the member is busy, he won't show, and you will pay nothing.

Commander Bob
Thankful for reduced fines.
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Old Aug 10, 2005, 10:48 am
  #21  
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Originally Posted by cbob
What he said!

If the member is busy, he won't show, and you will pay nothing.

Commander Bob
Thankful for reduced fines.
You wouldn't happen to be Constable Bob would you

Cattle
Also thankful for reduced fines but giving a sigh of relief to be out of Ranching Territory as well
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Old Aug 10, 2005, 1:29 pm
  #22  
 
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I've had a few tickets (three) over the years. I've never been ticketed in Canada by standing vehicles, always by cops coming in the opposite direction.

My favorite one when I was driving the fraser valley route (Trans-Canada) between Hope and the loops. I was doing a steady ten to twenty over all along (which is really difficult to do if you're behind a truck or trailer, but I managed to pass them) and I had this one driver following me. Went to the washroom, the driver behind me stops as well and compliments me on my driving skills.

Drive for 5 more minutes, and I've got a ticket from an oncoming cop, clocking me (accurately) at 108 in a 90. Sh*t!

Now, because I'm a Canadian working in the states, if I get stopped by a US cop, I pull my Canadian driver's license (stopped twice, no ticket yet). If I get stopped by a Canadian cop, I'll pull my US driver's license. I don't know how the insurance works, but my guess is that the US won't report to Canada and Canada won't report to the US. I don't know if that's correct.
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Old Aug 10, 2005, 2:50 pm
  #23  
 
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Originally Posted by shore9
I've heard if you ask the cop to see the gun, they're supposed to show it to you, now if you don't think they clocked you, ask them to see the radar gun, if they don't have you clocked, ask them where their proof is, chances are they'll rip up the ticket. I personally have never been caught speeding, but I hear this works.
IMO, there is zero chance of your 'strategy' working. In fact, I'd like to hear of a single case of a traffic cop ripping up a speeding ticket after being insolently asked for 'proof' of speeding. As others have posted, the cop can simply observe you speeding, and testify to this as an expert witness if the ticket ever gets to court.
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Old Aug 10, 2005, 3:24 pm
  #24  
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http://sense.bc.ca/program.htm

The site above is somewhat dated, primarily with photo radar, and tells how to fight tickets.

If you are a CAA member, then may represent you in court. Worst case is you pay the same amount. Possibly the officer may not show up and it will be thrown out. Or the prosecutor may deal it down.
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Old Aug 10, 2005, 5:19 pm
  #25  
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Originally Posted by ReluctantCanadian
IMO, there is zero chance of your 'strategy' working. In fact, I'd like to hear of a single case of a traffic cop ripping up a speeding ticket after being insolently asked for 'proof' of speeding. As others have posted, the cop can simply observe you speeding, and testify to this as an expert witness if the ticket ever gets to court.
I think shore9 should try his strategy. See what happens.
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Old Aug 10, 2005, 5:19 pm
  #26  
 
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Originally Posted by ReluctantCanadian
IMO, there is zero chance of your 'strategy' working. In fact, I'd like to hear of a single case of a traffic cop ripping up a speeding ticket after being insolently asked for 'proof' of speeding. As others have posted, the cop can simply observe you speeding, and testify to this as an expert witness if the ticket ever gets to court.
I agree. What I have been told is if you choose to take it to court to fight it, make sure to ask for the officer's log book. The radars are supposed to be calibrated at regular intervals and could give "bad" readings if they are not. The officers are also supposed to write in a log when they do these calibrations. If they don't there is a chance that the ticket could be thrown out over this technicality. Since this is a pretty well known tactic most Police departments are pretty disciplined in their use of these and know to follow the SOP for them.
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Old Aug 10, 2005, 5:54 pm
  #27  
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Originally Posted by yycguy2
I agree. What I have been told is if you choose to take it to court to fight it, make sure to ask for the officer's log book. The radars are supposed to be calibrated at regular intervals and could give "bad" readings if they are not. The officers are also supposed to write in a log when they do these calibrations. If they don't there is a chance that the ticket could be thrown out over this technicality. Since this is a pretty well known tactic most Police departments are pretty disciplined in their use of these and know to follow the SOP for them.
This is why I asked about "no speed indicated" and "registered owners name" being blank. It sounds like the speed is a non-issue and I get the 3 points since none is listed.

As for the second part of the ticket. If that too turns out to be a none issue I will just pay the fine and take my points. I am not going to drag this to court and hope that the officer doesn't show or call for his logbook.

Right or wrong, I can't imagine anyone here who wouldn't take the walk on the points if they could for a form being filled out incorrectly hence my asking.

I am far from a terror on the roads as I make my living on them and hate the asshat drivers who make driving a nightmare every day. I don't tailgate, never push drivers who are slow and always signal in advance as courtersy not just becasue the law requires it. Might be self righteous to some but I can live with myself for making that satement as I take pride in how I drive (and don't drive).

All in all, I am expecting to have to pay this ticket and am not resentful of it but I can hardly be blamed for asking my questions
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Old Aug 10, 2005, 6:12 pm
  #28  
 
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Try a Paralegal (list in the yellow pages). They are able to reduce the charges, after negotiating with the prosecutor, so that the charges will not lead to any demerit points, or to any potential increase with the insurance premiums. They do charge a hefty fee, but their services are generally guaranteed (ie if they are unsuccessful, you get a full refund). Invariably, as in my case (x 2), they are insiders (eg retired policeman, who know all the people in the traffic court system) - that is why they can guarantee a reduction in the charges.

In my case (x 2), the fee was $500 each time (with the traffic ticket penalty totally wiped out). If one is a CAA member, some of the paralegal's fees will be covered by CAA.
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Old Aug 10, 2005, 6:23 pm
  #29  
 
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Originally Posted by cattle
I don't tailgate, never push drivers who are slow and always signal in advance as courtersy not just becasue the law requires it.
You know, I have always noticed this about cattle - they tend to be very orderly in queues, good followers, rarely in a hurry!

And I bet this is the Cattle Car you drive. Love that license plate!

Or here you are with the kids in the back.

OK, and here I see the look on your face as you head back to your other car and see YET ANOTHER TICKET on the window.

And here in your NASCOW car, we are not surprised that the police would pull you over.

But this is what we should buy for you to hang on your mirror - I understand there's a radar detector inside 'em.

*****************

I actually have a very very good resource on traffic tickets, and will check on the form completion for you.
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Old Aug 10, 2005, 6:32 pm
  #30  
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Abby, that was awesome. Thanks for any info you can find.

FGII, that is indeed a heft fee. The insurance on my wife's 96 Honda is only $1,200 for both of us so I am not sure that one ticket would raise my insurance by that amount (I will of course check to make sure).
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