Legal Help: Police Intimidation

[ken0042]

I think Bent Wookie might be onto something here. It may be a case where the cop may have overstepped his bounds a little bit, and then the OP read more into the situation than was intended.

I have had police charge me with a lesser offense with respect to traffic tickets. Classic example for me is receiving a "failure to display proper plates" when I forgot to renew my registration- a $20 ticket at the time instead of the $200 one he could have given me. I have also been in court where a person was fighting a ticket saying the cop charged them with doing 125 in a 110 zone instead of the 100 zone it was supposed to be- the cop was giving a break back when there were two speed limits for day and night driving. The judge then found the lady guilty of the higher offense.

In this case the cop wrote a ticket for 22 over instead of 44 over- exactly 1/2. He may have been saying was "Look- I gave you a break for a lower offense to try to be kind. If you want to fight this, you risk being charged with the higher offense."

And in my mind that is what I expect from my police force- their job is to ensure public safety. If they feel that they will reach a person by giving a lower ticket, or by just issuing a warning, then they should do just that.

[VladtheImpaler]

Originally Posted by Ford Prefect

Question ... when a person gets a ticket, isn't a court date assigned right on the ticket should you wish to fight it? You don't have to set a court date ... just show up on the assigned date. If that's the case, how would the cop know you plan to fight it until you show up? Just wondering based on my recollection of the process when I've had speeding tickets.

That's just the 1st appearance/payment date - you show up by that date to plead guilty or not guilty (or just mail in your cheque) - if you plead not guilty, a trial date is set, which is what I assume happened here.

[Boblobla]

I have another traffic offense related question: The Fiancee got a red light ticket the week that we had all that snow and the roads were freaking terrible, I believe it was Tuesday the 16th of December. Do you think they will be lenient considering the situation on the roads? She tried to stop but couldn't do so safely so she continued through the intersection. Would it help for her to take in road reports for that day when she goes to see the JP?

[CaptainCrunch]

Originally Posted by Boblobla

I have another traffic offense related question: The Fiancee got a red light ticket the week that we had all that snow and the roads were freaking terrible, I believe it was Tuesday the 16th of December. Do you think they will be lenient considering the situation on the roads? She tried to stop but couldn't do so safely so she continued through the intersection. Would it help for her to take in road reports for that day when she goes to see the JP?

big time, they might reduce the fine since demerits aren't counted against Camera offenses.

[FlamesKickAss]

Originally Posted by Dan02

They do put one on your ticket, but if for whatever reason you can't make it that day they can be rescheduled.

thats not your court date, I thought that is the day you have to pay your fine or plead not guilty or see a JP on or before and then they give you a court date after that if you plead not guilty. There is no way they are going to have cops all go everyday so they set it up so that he has a couple that day.

Thats how I thought it worked, my roommate pleaded not guilty and got a seperate court date and I did once too.

For those curious about the 6 month timeline and the continuation of the offence:

Provincial Offences Procedure Act:

4(1) Subject to any express provision in another Act, no
proceedings to which this Act applies may be instituted more than
6 months after the time when the alleged offence occurred.
(2) In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each day
or part of a day on which it continues and no proceedings may be
instituted more than 6 months after the last occurrence of the
alleged offence.

Traffic investigations do take time. Unfortunately, not all of them are from traffic stops where the cop witnesses the offence.


As far as the court sate issue, the date written on the ticket is a first appearance date. You can appear on or before that date to answer to the ticket (pay it, plead, talk to a JP). If you plead not guilty (at that date or by mail) a court date is set and the cop gets a subpoena.

[Ford Prefect]

Originally Posted by VladtheImpaler

That's just the 1st appearance/payment date - you show up by that date to plead guilty or not guilty (or just mail in your cheque) - if you plead not guilty, a trial date is set, which is what I assume happened here.

That makes sense. I've never fought a ticket so I wasn't sure about that end of the process. Thanks.

[jolinar of malkshor]

Originally Posted by peter12

This sentiment really annoys me.

It is no sentiment, it is merely a fact that an officer can lay a charge for anything within his/her jurisdiction. How could that annoy you?

[old-fart]

Here's my opinion, based on previous experience:

1) Go to a lawyer, but failing that:

2) Lodge a complaint at the number listed above. Explain the situation, that you felt you were being intimidated to not show up at court, that he showed up at your house, etc. If you get a complaint number, ensure you take that number with you to court

3) In court, they can certainly quash the first ticket and proceed with the second, higher offence. When it comes your time to cross examine the officer, ask him as many questions as you can about the day... weather conditions, traffic conditions, what you were wearing, etc. Ask him if he ever told you that he was giving you a break by issuing a ticket for 84KM instead of 104 at the time he pulled you over. Ask him why he would give you that break. Ask him if he saw the speed limit sign saying 80KM/H that you have a picture of, from that day, at that time? Ask him why he came to your house and threatened you earlier in the week. If he says he was just trying to give you a break, again ask him why he would do that.

4) When it comes to your turn, ensure you can say for certain that you took the picture of the sign that day, and at as close to the time as possible (I assume that to be the case). Also, be prepared to answer how fast you were going. If you are confident you were going 80 +/- a few, be prepared to answer how you know that (check speed every 10 seconds, had cruise control set, whatever). The second you say "I don't really know for sure how fast I was going, but I know it wasn't 104" you are sunk. Lastly, make sure you are clear that the officer never told you when he was giving you the 82KM/H ticket that he was giving you a break because he also clocked you at 104.

Good luck. Don't just roll over because they have a badge and a gun. They are not infallible.

[jolinar of malkshor]

Question: Where you speeding? What was the speed you were doing?

[VladtheImpaler]

Originally Posted by jolinar of malkshor

Question: Where you speeding? What was the speed you were doing?

Whatever you do, don't answer this question on here. Seriously.

[Resolute 14]

Originally Posted by mykalberta

Does this make ZERO sense to anyone else? What does my tax dollars go to if not to protect citizens from drivers going so far over the limit, but instead he gives someone a break by collecting less revenue for the CPS there by increasing my property taxes.

It does depend on both the cop, and the driver, and probably the cops impression of the driver.

I got pulled over near Rycroft, north of Grande Prairie a few years ago, doing about 125 in a 100 zone. The cop asked me why I was going so fast. Conversation went something like this:

"Do you want the real answer or the excuse?"
"What's the excuse?"
"I need to do work in Falher, Fairview, Peace River and Manning today, and get back to my hotel in Grande Prairie."
"Ok, what's the real answer?"
"I'm an idiot."

He laughed and wrote me down to 110+ in a 100. Turned probably a $200 fine into a $50 fine. Even so, it did slow me down.

[mykalberta]

Originally Posted by Resolute 14

It does depend on both the cop, and the driver, and probably the cops impression of the driver.

I got pulled over near Rycroft, north of Grande Prairie a few years ago, doing about 125 in a 100 zone. The cop asked me why I was going so fast. Conversation went something like this:

"Do you want the real answer or the excuse?"
"What's the excuse?"
"I need to do work in Falher, Fairview, Peace River and Manning today, and get back to my hotel in Grande Prairie."
"Ok, what's the real answer?"
"I'm an idiot."

He laughed and wrote me down to 110+ in a 100. Turned probably a $200 fine into a $50 fine. Even so, it did slow me down.

I guess I have absolutely zero tolerance for cops giving anyone a break as the one and only speeding ticket I have ever recieved in my 12+ years of driving I wasnt given a break on.

I also in general have a dislike/distrust for cops and would prefer to handle things without cops.

[peter12]

Originally Posted by jolinar of malkshor

It is no sentiment, it is merely a fact that an officer can lay a charge for anything within his/her jurisdiction. How could that annoy you?

I may have misunderstood you. I recognize the legality of a police officer charging you with something, I just didn't like the phrase "anything" as it indicates a certain arrogance and abuse of power on behalf of the officer.

[jolinar of malkshor]

Originally Posted by mykalberta

I guess I have absolutely zero tolerance for cops giving anyone a break as the one and only speeding ticket I have ever recieved in my 12+ years of driving I wasnt given a break on.

I also in general have a dislike/distrust for cops and would prefer to handle things without cops.

So let me get this straight. You are mad that becuase you recieved a speeding ticket and the officer didn't give you a break? AND therefore no one else should be given a break because you weren't? WHAT?

As for you dislike/distrust for cops, any particular reason other than not getting a break on your speeding ticket? Also, how would you handle things without cops?

[stang]

Originally Posted by Dan02

I believe the new ticket is for 104 in a 80, the original for 82 in a 60, if i understand OP correctly. Not only did the speed change so did the speed limit.

Nope jut the speed

Originally Posted by Dang

Thanks for asking your friend for me.

The first ticket was for 82 in a 60 zone and second ticket is for 104 in a 60 zone. First ticket was for $136 and the second is for $255.

I'm fairly sure he wasn't intending it as an amendment but rather as an additional offence.

See

[CaptainCrunch]

Make sure that you bash your eye into a door knob, and then crush your hand in a door before you go to court.

[mykalberta]

Originally Posted by jolinar of malkshor

So let me get this straight. You are mad that becuase you recieved a speeding ticket and the officer didn't give you a break? AND therefore no one else should be given a break because you weren't? WHAT?

As for you dislike/distrust for cops, any particular reason other than not getting a break on your speeding ticket? Also, how would you handle things without cops?

No, I dislike/distrust cops for differing reasons.

But as to the first point yes, the cop refused to reduce the ticket by 1Km, that 1Km cost me roughly $800. This wasnt in a school or construction zone either.

[jammies]

Originally Posted by mykalberta

I also in general have a dislike/distrust for cops and would prefer to handle things without cops.

Why does this give me a mental picture of you standing over some guy who cut you off in traffic with your .357 magnum still smoking?

[RougeUnderoos]

Originally Posted by mykalberta

I guess I have absolutely zero tolerance for cops giving anyone a break as the one and only speeding ticket I have ever recieved in my 12+ years of driving I wasnt given a break on.

I also in general have a dislike/distrust for cops and would prefer to handle things without cops.

I have to wonder if this general dislike/distrust led directly to you not getting a break on that ticket.