Court Date - Need advice! - Page 2 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

metallicat · 03-23-2007, 12:24 AM

Quote:

Originally Posted by noel

Meh. That's the thing, I'm just going to pay it. My only defense would be the cop not charging the druggies shooting up on the same block. And that's a terrible defense and has nothing to do with my offense.

I still havent decided, I'll update if I still go in.

Using a defense like that is not going to win you any favours.

Phaneuf3 · 03-23-2007, 12:29 AM

i've got some advice: STOP BREAKING THE LAW!

iggypop · 03-23-2007, 12:30 AM

Likely the cop won't show up, as they rarely do useless its a major ticket. When I got my $400 stunting ticket that would have been 8 demerits the cop still didn't show up. Im sure you will get it throw out, as I can beat he won't show up.

Engine09 · 03-23-2007, 12:38 AM

Eh, just be glad that you didn't get hit by a car when you were jaywalking. The cop is just doing his job and protecting you, don't waste anyone's time down at the courthouse. Pay the ticket, learn your lesson.

Jayems · 03-23-2007, 12:38 AM

Great thread... I got my first ever speeding ticket, and plan on going to court to get the $187 ticket reduced (or hopefully kicked-out).

I got done by those Rocky View constables out in Springbank, and the court is in Cochrane. Any advise on that would be fantastic.

And as for the other jay-walking topic, I'm pretty sure your court date is to either plead it down, or set a trial date if you wish to plead not guilty. It is only then that the cop will be informed he needs to go to court when you plead not guilty at your first apperance.

Could you imagine if every cop had to show up to the court date stated on the tickets on the off chance that everyone was going to plead not guilty and go to trial?

They'd never leave court.

soulchoice · 03-23-2007, 04:34 AM

Always fight any and all tickets that you get, whether it be asking for a reduction or actual non guilty plead. I have fought every single ticket I have gotten since I was younger and 80 percent of the time have had it dropped(due to numerous court date rescheduling, on my part, that is a great way to ensure the officer doesnt show up). The other 20 percent, I had the fine reduced/no demerits and walked away happy.

soulchoice · 03-23-2007, 04:39 AM

Quote:

Originally Posted by Jayems

Great thread... I got my first ever speeding ticket, and plan on going to court to get the $187 ticket reduced (or hopefully kicked-out).

I got done by those Rocky View constables out in Springbank, and the court is in Cochrane. Any advise on that would be fantastic.

And as for the other jay-walking topic, I'm pretty sure your court date is to either plead it down, or set a trial date if you wish to plead not guilty. It is only then that the cop will be informed he needs to go to court when you plead not guilty at your first apperance.

Could you imagine if every cop had to show up to the court date stated on the tickets on the off chance that everyone was going to plead not guilty and go to trial?

They'd never leave court.

You could try going into the office and talk to them a few days before your scheduled court date, tell them you are working at that time and cant get away. They will give you a new court date. Then do the same thing again in the same manner before the new court date.

By then, the officer whom gave you the ticket may not show up. Usually when a court date is issued on your ticket, the officer who wrote it, is the one that chose that date, hence more than likely he will be there. Postpone the date a few times, tell em its impossible to get away from work. If your lucky, he may not show up.

If he is there, then at that point, just say you would like to plead guilty provided they can reduce the fine and no demertis. Never ever pay the full amount, you dont need to. Before the court date, try to look for any errors on your ticket, dates, name, anything that would be wrong. They will throw it out in that case. Good luck.

RedHot25 · 03-23-2007, 07:18 AM

why not just pay the ticket (to the jay walker guy)?

Frank the Tank · 03-23-2007, 07:30 AM

Quote:

Originally Posted by RedHot25

why not just pay the ticket (to the jay walker guy)?

I'm with you. I'll never understand the logic of fighting everything. Did you break the law? Yes. Did you get caught? Yes. So just pay the fine and move on with life.

BlackEleven · 03-23-2007, 07:50 AM

I'm thinking about going to court as well.

I got pulled over about two weeks ago for a broken muffler. The cop doesn't give me a ticket but says he's noted it in the computer and I have 30 days to get it fixed. If I'm pulled over after the 30 days and its still broken, I get a ticket. Fair enough. I thank him and get on my way.

Two days ago I get pulled over again and the guy gives me a ticket for the broken muffler. I complain that I am still within the 30 day time frame the other cop gave me. He replies "take it to court if you don't like it".

I had the muffler fixed and picked up the car today. I have the papers to show that it was indeed fixed within the 30 day time frame given to me by the first cop.

I want to take it to court, but I don't want to take a day off work either. The ticket is only $95 and I make more than that in a day of work. It's just the principle of the damn thing. The first cop was so nice about everything and the second guy was just the opposite.

ken0042 · 03-23-2007, 07:52 AM

BlackEleven- I would give the Crown Attourney's office a call. Explain the situation; and that going to court would be a financial hardship. (That's a better phrase than "I make more than that in a day.")

You might be able to get it dismissed.

BlackEleven · 03-23-2007, 08:21 AM

Thanks, ken. Not a bad idea, I'll give that a shot.

Ford Prefect · 03-23-2007, 09:23 AM

Yup, I'm definitely with Frank and RedHot25 on this ... if you're going to commit the crime, be prepared to do the time. Fighting a ticket that you're guilty of is either a waste of the judicial system's resources or a failure to take accountability for one's actions, or both.

RedHot25 · 03-23-2007, 09:29 AM

Well to me, and no offence to the person who got the ticket, it just doesn't seem like you have any actual defense. Sorry, but I don't think you are going to get very far with the reason you have. I would just pay the ticket, unless you are really hard up on cash. That, and maybe next time, don't jaywalk when there are police around

. And what happens with a jaywalking ticket anyways? You just pay the fine, and anything else? I.e. I don't think you are going to be turned down for a job because you have a jaywalking ticket.

I am fine if people have a legitimate reason - e.g. BlackEleven's case, or if the money is a pinch for you, or you can prove a mistake, etc.

flamesfanforver · 03-23-2007, 09:36 AM

Dont plead guilty you suck, deny the fact you jay walked and walk away with a full wallet!

fredr123 · 03-23-2007, 09:54 AM

Unless you honestly have nothing better to do, pay the stupid $57 ticket. If you've got a job or other pressing matters that need to be put on hold to fight this ticket out of principle then you might want to add one more scruple to your decision-making process: pragmatism.

For a $57 ticket that's not going to result in higher insurance rates, bar you from future employment or prevent you from travelling to other countries it's just not worth the effort to fight it.

Rhettzky · 03-23-2007, 10:09 AM

Quote:

Originally Posted by RedHot25

Well to me, and no offence to the person who got the ticket, it just doesn't seem like you have any actual defense. Sorry, but I don't think you are going to get very far with the reason you have. I would just pay the ticket, unless you are really hard up on cash. That, and maybe next time, don't jaywalk when there are police around

. And what happens with a jaywalking ticket anyways? You just pay the fine, and anything else? I.e. I don't think you are going to be turned down for a job because you have a jaywalking ticket.

I am fine if people have a legitimate reason - e.g. BlackEleven's case, or if the money is a pinch for you, or you can prove a mistake, etc.

You don't need a defense. Some people don't have cash to pay fines like this, maybe he's in school or maybe he just doesn't have extra money to pay a fine. In that case he would be looking for help in ways to reduce the fine. Going to court a few things can happen, the cop doesn't show up (case dismissed), you pay less of a fine, they throw it out or (worst case) they find you guilty and you can work off the fine through community service. All of these options are not available to someone who just wants to pay the ticket.

Either way, all the people in this thread giving advice like... "maybe next time, don't jaywalk in front of a cop"... how do you expect that helps? Everytime someone asks for a little help on this site someone barks back with a "shouldnta got yourself in that mess in the first place" reply. Obvious replies to ligitimate questions make you seem like a pretentious arse and are not in anyway constructive to the original poster or the site as a whole.

bluejays · 03-23-2007, 10:16 AM

I'm not with a lot of guys over here. Let the system prove that you did the crime. I'm not against police officers, because there are a lot who do good. But I would frankly say the great majority enjoy the power that comes along with their position and abuse it. I don't know the details of your ticket, but if you were jaywalking on a less-than-busy street, what's the harm? Cops do have these discretions and with a jaywalking ticket, it seems they do it to show who's in power. Screw the little man. Whatever...take it to court, get a plea, if he doesn't show up, great...withdrawn.

I got a court date Monday for a similar incident over the summer. Fishing with a $10 expired license. Certainly it was my fault for not checking I hadn't bought the 3 year license instead of the 1 year one I did (and it would have cost $10 to renew), but we were catching SUNFISH, from a dock nonetheless. I explained to the conservation officer it was a mistake and I didn't even realize I only bought the 1 year license...his response: a $155 ticket. Ridiculous.

blankall · 03-23-2007, 10:29 AM

I'm going to law school right now, and like other people have said:

1) show up, if the cop doesnt the crown has no evidence and, therefore, no case
2)Talk to crown prosecuter ahead of time, seem appoligetic. See if they are willing to drop down the charges and move to a discharge (not sure if they can do this for small fines like this but never hurts to try)
3)if the cop does show up, plead guilty. Admit your own fault. Seem appoligetic and promiss never to do it again. FInes are meant as punishment as a detterent. If you appoligize, the court will see less reason to punish you. Also, if you can find a social reason why the court should reduce your fine, give it. For example, you have a family to support, are poor, or are a student etc.

RedHot25 · 03-23-2007, 10:29 AM

Quote:

Originally Posted by Rhettzky

You don't need a defense. Some people don't have cash to pay fines like this, maybe he's in school or maybe he just doesn't have extra money to pay a fine. In that case he would be looking for help in ways to reduce the fine. Going to court a few things can happen, the cop doesn't show up (case dismissed), you pay less of a fine, they throw it out or (worst case) they find you guilty and you can work off the fine through community service. All of these options are not available to someone who just wants to pay the ticket.

I thought that I mentioned that?

Quote:

Originally Posted by RedHot25

I am fine if people have a legitimate reason - e.g. BlackEleven's case, or if the money is a pinch for you, or you can prove a mistake, etc.