Legal Help: Police Intimidation

[jolinar of malkshor]

Originally Posted by MaxPower

I explained where I got my assumption from two posts ago. As soon as the cop came to the house, asked if the OP was gonna fight it still, and gave him another ticket, any illusion of kindness evaporated. A true act of kindness does not demand a reward. This guy did just that, he had his own interests in mind. And I already acknowledged that "people are less likely to fight a lower ticket", in fact, that statement supports the fact the lower ticket was not kindness, but in the officer's own self-interest.

Thats just not true. My work I dont have to write traffic tickets, but I have a lot of friends that do. When they give a ticket to someone and reduce the amount by dropping the actual speed, they let them know that if they try to fight it in court, they will re-issue a new ticket for the actual offence that took palce. It is not being vindictive it is simply how it works. If you want to waste everyones time then you are going to be prosecuted for what you actually did.

Maybe it's not a waste of time if you are actually inoccent, but if you are inoccent than there should be no problem with fighting the actual offence then.

[MaxPower]

Originally Posted by jolinar of malkshor

Thats just not true. My work I dont have to write traffic tickets, but I have a lot of friends that do. When they give a ticket to someone and reduce the amount by dropping the actual speed, they let them know that if they try to fight it in court, the will re-issue a new ticket for the actual offence that took palce. It is not being vindictive it is simply how it works. If you want to waste everyones time then you are going to be prosecuted for what you actually did.

Maybe it's not a waste of time if you are actually inoccent, but if you are inoccent than there should be no problem with fighting the actual offence then.

Um ok, well if that was mentioned earlier in this thread, my apologies. If not, why did it not get mentioned until page 10??? I did not know that was the case, changes everything

Although, the OP sounds like he was surprised to receive the second ticket....

[ken0042]

Originally Posted by MaxPower

Um ok, well if that was mentioned earlier in this thread, my apologies. If not, why did it not get mentioned until page 10???

It has been mentioned- a couple of times.

[Traditional_Ale]

JOM:

So you know or are under the impression that most Police officers as a general aesthetic will try to cut you a break with the initial ticket provided you don't fight it in court?

[jolinar of malkshor]

Originally Posted by Traditional_Ale

JOM:

So you know or are under the impression that most Police officers as a general aesthetic will try to cut you a break with the initial ticket provided you don't fight it in court?

I can say that most of the ones that I know, will tell them they are being given a break, some will even write it on the ticket, but if they fight it in court they should expect a new ticket for the actual offence. They don't say I am going to give you a ticket and I will reduce it if you don't fight it in court. Thats not how it is done. They simple give them a break, and let them know that if they do fight it, expect a ticket for the full amount.

Never do they try and persuade the person from fighting it. That is their right.

And if the officer in this case tried to persuade him from taking it to court then I would agree that is inappropriate.

[jolinar of malkshor]

Originally Posted by MaxPower

Although, the OP sounds like he was surprised to receive the second ticket....

He may very well have been suprised, who know what the officer originally told him.

Originally Posted by jolinar of malkshor

I can say that most of the ones that I know, will tell them they are being given a break, some will even write it on the ticket, but if they fight it in court they should expect a new ticket for the actual offence. They don't say I am going to give you a ticket and I will reduce it if you don't fight it in court. Thats not how it is done. They simple give them a break, and let them know that if they do fight it, expect a ticket for the full amount.

Never do they try and persuade the person from fighting it. That is their right.

And if the officer in this case tried to persuade him from taking it to court then I would agree that is inappropriate.

I am not sure where your friends are police officers, but from my understanding, here in Calgary at least, the crown is very much against police doing this. Both cutting people breaks and reissuing tickets in the correct amount. It is their opinion that it is the courts, and the courts only that should have this power.

[jolinar of malkshor]

Originally Posted by Bent Wookie

I am not sure where your friends are police officers, but from my understanding, here in Calgary at least, the crown is very much against police doing this. Both cutting people breaks and reissuing tickets in the correct amount. It is their opinion that it is the courts, and the courts only that should have this power.

Well they are not in Calgary and it is a common practice. When I did work in Calgary CPS members were stationed out of our location and, although those members were no longer doing traffic related police work, they would agree with the statement I made above.

[MaxPower]

Originally Posted by jolinar of malkshor

He may very well have been suprised, who know what the officer originally told him.

OK I think my point still stands, in this case then, since it sounds like the officer never gave the OP a heads up on this.

[Boblobla]

Originally Posted by jolinar of malkshor

I can say that most of the ones that I know, will tell them they are being given a break, some will even write it on the ticket, but if they fight it in court they should expect a new ticket for the actual offence. They don't say I am going to give you a ticket and I will reduce it if you don't fight it in court. Thats not how it is done. They simple give them a break, and let them know that if they do fight it, expect a ticket for the full amount.

Never do they try and persuade the person from fighting it. That is their right.

And if the officer in this case tried to persuade him from taking it to court then I would agree that is inappropriate.

I can say with 100% certainty that none of the police officers you know have pulled me over.

[jolinar of malkshor]

Originally Posted by Boblobla

I can say with 100% certainty that none of the police officers you know have pulled me over.

You have never been given a break? That is unfortunate. Remember to, that many times officers will only give one ticket when there may be multiple offences.

[Ducay]

Originally Posted by jolinar of malkshor

They don't say I am going to give you a ticket and I will reduce it if you don't fight it in court. Thats not how it is done. They simple give them a break, and let them know that if they do fight it, expect a ticket for the full amount.

Holy contradiction central Batman!

[Boblobla]

Originally Posted by jolinar of malkshor

You have never been given a break? That is unfortunate. Remember to, that many times officers will only give one ticket when there may be multiple offences.

I suppose I kinda got a break once, I had a tiny crack in my license which apparently can be an almost $400 fine, and the officer informed me of this.

I got pulled over once for a burnt out headlight and apparently my new insurance slip had come in the mail. It was the 2nd and the pink slip I had said my insurance expired on the 1st. It was the Friday of a long weekend. The cop had my car towed and impounded. I know you can give a ticket for failure to produce insurance, you can also give notice to show your insurance slip to a police station within 2 weeks I believe. Fair enough he was well within his rights to tow my car, I couldn't prove it was insured, but there were other options.

[stang]

Originally Posted by Ducay

Holy contradiction central Batman!

Haha that reminds me of Rick James...

"I wouldnt just go and rub my feet on someones couch, cmon...Yeah I remember rubbing my feet up on his couch"

[jolinar of malkshor]

Originally Posted by Ducay

Holy contradiction central Batman!

No it is not. They are not asking the person if they are going to fight the ticket. They write the ticket, give the ticket to the person, explain that the ticket has been reduced BUT if you fight it you will get a ticket for the full amount.

It is pretty clear to me.

[ken0042]

For those who say they have never been given a break, the one thing I do that seems to give me a little more leeway is admitting to what I have done. You do want to be careful, you don't want to be pulled over with the cop only able to lock onto you at 20km over and admit to doing 45km over. I usually ask the officer how fast he clocked me at, tell him "yeah, that's entirely possible. I wish I had some great excuse for you but I really don't."

Also I try to make the officer's job easier for him. If at night on the highway I roll the window down as I'm stopping, turn on the interior light, and put both my hands on the top of the steering wheel. If I have a passenger I get them to keep their hands visible as well. A couple of times the officer will ask why we are sitting like this, and I reply with something like "I'm sure it makes you feel better to approach a car on a dark highway and to be able to see what the occupants are doing."

A lot of this boils down to showing respect. And I know in my day to day life I am far more willing to help somebody out who shows me respect to begin with.

[Dang]

So I went to court today and got a bigger fine. They judge wouldn't even talk about the second ticket I got.

I'll have legal representation for the second ticket and I hope I can get that one quashed.

[bigtmac19]

Originally Posted by Dang

So I went to court today and got a bigger fine. They judge wouldn't even talk about the second ticket I got.

I'll have legal representation for the second ticket and I hope I can get that one quashed.

Ouch!

Hopefully next time's outcome is better.

[Frequitude]

Originally Posted by Dang

So I went to court today and got a bigger fine. They judge wouldn't even talk about the second ticket I got.

I'll have legal representation for the second ticket and I hope I can get that one quashed.

Trip report please!

[octothorp]

That sucks, on what grounds was the fine increased? Because you challenged it?