Originally Posted by RussianTexan
(Post 21458857)
Pathetic revenue generators. Disgusting.
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Originally Posted by siaa380
(Post 21462053)
I'm pretty sure this is right but someone can correct me if I'm not. You aren't legally required to pay the ticket if you are not reentering Canada as the RCMP has no precidence in BC; however if you fail to appear in court after not paying the ticket the judge can issue a warrent for your arrest but that warrent is only for BC. It will show up when you are entering the country but it will be up to CBS to decide whether to grant you access to Canada unless you are entering BC where they will have to execute the warrent. They are able to contact a judge in BC and ask whether they would like to extend the warrent Canada wide (which normally doesn't happen) .
For fighting it, you are allowed to appear at a majistrate and heard the full extent and reasoning behind the charges. If you tell them you are appearing in court they will often try and settle with you to avoid straining the legal system. Also if you or someone on your behalf attends court and the police officer does not appear the ticket is immediately thrown out. Typically I don't recommend having a lawyer represent you in a case with a low dollar value loke this one as you will probably end up paying the same amount just in legal fees. But if you have contacts in BC anyone of them can go to court on your behalf provided that you give them notice of your consent to show the judge and if OP follows your advice, they will loose and you will be out more money fighting this |
Originally Posted by siaa380
(Post 21462053)
as the RCMP has no precidence in BC
The RCMP does extensive policing in BC - That's why the OP has a ticket from them.
Originally Posted by siaa380
(Post 21462053)
If you tell them you are appearing in court they will often try and settle with you to avoid straining the legal system.
http://www.icbc.com/driver-licensing...sputing-ticket
Originally Posted by siaa380
(Post 21462053)
Also if you or someone on your behalf attends court and the police officer does not appear the ticket is immediately thrown out.
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Just pay it and be done with it.
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Originally Posted by mkjr
(Post 21462237)
Originally Posted by siaa380
(Post 21462053)
I'm pretty sure this is right but someone can correct me if I'm not. You aren't legally required to pay the ticket if you are not reentering Canada as the RCMP has no precidence in BC; however if you fail to appear in court after not paying the ticket the judge can issue a warrent for your arrest but that warrent is only for BC. It will show up when you are entering the country but it will be up to CBS to decide whether to grant you access to Canada unless you are entering BC where they will have to execute the warrent. They are able to contact a judge in BC and ask whether they would like to extend the warrent Canada wide (which normally doesn't happen) .
For fighting it, you are allowed to appear at a majistrate and heard the full extent and reasoning behind the charges. If you tell them you are appearing in court they will often try and settle with you to avoid straining the legal system. Also if you or someone on your behalf attends court and the police officer does not appear the ticket is immediately thrown out. Typically I don't recommend having a lawyer represent you in a case with a low dollar value loke this one as you will probably end up paying the same amount just in legal fees. But if you have contacts in BC anyone of them can go to court on your behalf provided that you give them notice of your consent to show the judge and if OP follows your advice, they will loose and you will be out more money fighting this |
[/QUOTE]
Correct, but police no-shows are much more rare than they used to be.[/QUOTE] I think that is more of an Alberta thing. Our court systems are seriously understaffed. The CBC was reporting traffic violations going to court over a year later in which case the police officerd were no showing due to cases being thrown out because of the right to a timely trial. Honestly I think the OP should just pay the ticket. But I'm no lawyer and all the traffic laws and court information is available online. But everyone has a right to a fair trial in Canada and if the OP feels like they have case they should go to trial even if the whole process takes up tax dollars. I'd rather that then lose the whole legal process. |
There are numerous cross-border agreements between the states and provinces but no blanket rule re what happens re a speeding ticket. Insurance companies also can obtain traffic violation records and I believe that these are accessible to them in at least one province, maybe more and it definitely crosses borders re what records are accessible. Your biggest challenge in not paying the ticket is being blacklisted by car rental companies AND if you ever go back to B.C. and get stopped by a cop for whatever violation, they will run your driver's licence through and BINGO! (and I don't know what the fine would be but it would probably be significant). I would hire a lawyer / para-legal who specializes in fighting these types of charges. You do it from your own city and they will contact their counterparts in B.C. who will take over the case. Its not cheap - usually 2 or 3 times the fine but most of the time your ticket will be changed to a non-moving offence / thrown out of court etc depending if the police show up in court (as they are required to do and testify), if the crown will accept a plea-bargain before the court case etc.
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IIRC, there is a lot of controversy in BC right now about speed limits on the Sea to Sky being quite low. Very possible to go 65mph or so through there, which will net you a ticket. I'd pay it and move on though, fighting it may be more trouble than it's worth.
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Originally Posted by j_the_p
(Post 21458623)
You're lucky to get away with such a small fine. 50km over in Ontario would have meant your vehicle would be automatically impounded and a $10,000 fine.
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Originally Posted by yul36
(Post 21462894)
No its not. It's up to a $10,000 fine. Most people are able to plead it way down. The only time they stick to the max is if you were driving or acting like a real dick, or were actually racing. They can take your car for 7 days straight away however.
If you are charged for speeding at 50 km/h over the speed limit, police will suspend your licence and impound your vehicle at the roadside. Penalties for street racing, stunt driving and driving 50 km/h or over the speed limit Pre-conviction – Immediate 7-day licence suspension and 7-day vehicle impoundment Upon conviction - $2,000 to $10,000 fine, 6 demerit points, up to 6 months jail, up to 2 years licence suspension for a first conviction |
Originally Posted by Pinned
(Post 21462849)
IIRC, there is a lot of controversy in BC right now about speed limits on the Sea to Sky being quite low. Very possible to go 65mph or so through there, which will net you a ticket. I'd pay it and move on though, fighting it may be more trouble than it's worth.
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To the OP, welcome!
As for your question, my response would be pay the fine and get it over with. If you were traveling 50km/h over the limit (almost 2x the speed) and got the ticket from an officer, any protestation should have been at that point if you felt that there is no way you could have been traveling that fast. In the end, it sounds like you got a big fine, but not the maximum penalty possible so in some way, the officer was doing you a possible favor. As for why I would pay, there is a possibility you could get away with it if it does not go through your rental agency, there is no communication between ICBC and US authorities and you have no intention of entering into Canada. Those are 'ifs' that I am not sure are worth the <$200 fine. |
Good lord, how much is this fine? Getting a court date and traveling from NY to Vancouver to hope the RCMP doesn't show? Hiring a paralegal to fight in court across the border and across the continent?
Seriously, unless this is a fine is an amount I can't fathom, I find these suggestions funny, at best. OP was well off enough to travel from NY to Vancouver, and to be driving a rental car to Whistler. How could anything other than just paying the fine result in a better financial outcome, factoring in time spent on any other action? |
Originally Posted by CPRich
(Post 21465495)
Good lord, how much is this fine? Getting a court date and traveling from NY to Vancouver to hope the RCMP doesn't show? Hiring a paralegal to fight in court across the border and across the continent?
Seriously, unless this is a fine is an amount I can't fathom, I find these suggestions funny, at best. OP was well off enough to travel from NY to Vancouver, and to be driving a rental car to Whistler. How could anything other than just paying the fine result in a better financial outcome, factoring in time spent on any other action? Agree 100% - Although it's interesting to examine human nature when it comes to these sorts of issue. In some cases, for some people, 'victory' is more important than the costs of the battle. 20 years ago I was in a minor accident with a company car. The insurance company incorrectly ruled against me and my boss (my boss was the owner of the small company that owned the car) fought them all the way to court, eventually losing. The cost of the lawyer, his time, my time etc. was much much more than the cost of simply paying the insurance differential, but the notion of 'losing' was too much for him to bear. You also see it in divorce proceedings, where the parties dividing assets spend more money in legal fees fighting over the assets than the assets are worth. |
Originally Posted by neuron
(Post 21465129)
To the OP, welcome!
...there is no communication between ICBC and US authorities... These agreements have an impact on the drivers who live and are licensed in all of the Provinces and Territories in Canada and many of the States in the U.S.A. Information is shared by all the participants with each other, relating to driving offences, fines, convictions and criminal convictions as well. A taste: Driver License Compact (DLC) is an interstate compact used by states of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, offenses such as speeding, suspension of license or DWI/DUI. It is not supposed to include non-moving violations like parking tickets, tinted windows, loud exhaust, etc. However a new agreement is being implemented, the DLA, Driver License Agreement, and has been in the works for a number of years but it isn't going as quickly as planned as only a few states have signed on so far. But driver records are linked and offenses transmitted electronically. If you apply for a drivers license in BC for example, your state license is checked electronically in real time before a BC license is issued for any violations, suspensions etc. In the OP's case, however, NYS won't impose points for a BC violation but the ticket still must be paid: Some states do not assess points for minor offenses and apply the DLC for only major violations such as Colorado, Maryland, Nevada, New York and Pennsylvania States that are members are free to take action on violations reported from a non-member states as well New York does assess points for minor violations received in Ontario and Quebec. S/he should thank that officer for not imposing an Excessive Speed violation, which would definitely have been warranted - I drive that road weekly- as that would have constituted a major violation under the compact and points would have been imposed, along with the heftier fine and vehicle impoundment that others have detailed. In the end, pay the darn fine. You did the crime, now do the time. That speed on that stretch of highway is unacceptable and I, a regular user of that road, don't want to be on it at the same time with you, a driver intimately unfamiliar with it, at those speeds. I value my life. Slow down and pay up. |
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