Speeding Ticket Question

[soulchoice]

Originally Posted by Crazy Flamer

Last July, I had over $1,000 in tickets I had to pay before I renewed my registration. Some of these were parking tickets, but some were for speeding, running a red light and other moving violations.

I recently got my insurance renewal papers from my insurance company and my insurance rates went down! Its possible your insurance company won't check your record over the past year when you renew.

Well in that case, good for you man. Let them figure it out for themselves, if they do, the rates will be adjusted. Till then, I wouldnt mention anything to them.

Years ago, when I didnt fight every ticket I recevied(like I do now), I would never tell my carrier anything. My rates were never raised. Just pay your insurance bills and remain silent.

[ken0042]

Originally Posted by Bent Wookie

In this example, 8 km over is a violation. Why/how can you complain? Can you define the 'spirit of the law' vs. direct legislation? Does everyone share this opinion? I would suggest not.

Keep in mind the age of my comments, but I will try to respond.

IMHO the spirit of the law is to promote safe driving. One factor in safe driving is to not exceed a certain speed. Now if I am sitting there feathering the gas pedal while constantly watching the speedometer, I am not paying proper attention to the road, and now I have created a greater risk than by exceeding the limit by a few km/h.

Even with something as "black and white" as red lights, (the light is either red, or it isn't), red light cameras will not give you a ticket unless you enter the intersection on red. If the light goes from amber to red while you are still in the intersection it won't issue a ticket; even though technically you did break the law.

It also depends on where that 8km over occurs. In a playground zone you are now 26.7% over the limit- I'd say a ticket is justified. But on the highway where the limit is 110, you are only 7.3% over the limit.

We rely on police judgement all the time. In 2004 on the Red Mile I appreciate the officer's judgement in not charging me when I mis-heard "dump your beer right now" as "down that beer right now." Yes, he would have been well within his rights to charge me with drinking in public. However the greater good was served by him giving me a stern warning and staying at his post.

I'm sure not everybody will agree on my interpretation of the spirit of the law, but hopefully that helps you understand what I was getting at.

[Jayems]

Originally Posted by KidCanada

Hey guys, i got caught doing 114 in an 80, its my first speeding ticket and i was just wondering if it was worth going to the court date for?

From browsing this thread it seems i may be able to reduce the fine amount, but not the demerits. Given the amount i was over the limit is it likely ill be able to get my fine reduced, and what kind of reduction will this be? Or should i just pay it online? What sort of things might one say to the judge?

Thanks, really have no clue what im doing!

It depends. Court is always on a weekday, so you have to weigh if it's worth it to miss work. If you have the day off, or can spare time in the morning, then go. You'll want to be there early.. like 30 minutes before they open. If it is in Calgary, you go to the new court building, go up the stairs and then go to the desk. You'll ask to see a first appearance prosecutor or something like that.

They'll send you to the waiting room where you'll likely wait for over an hour (if you're lucky, less...) A guy/gal will come out of an office, call your name and you go sit down. He'll look over the ticket, ask you what happened. This is where you say:

"Sir, It was a momentary lack of judgement, and I'd like to plead guilty to a lesser offense please."

114 in an 80 is probably 4 demerits, you might get 100 in an 80 if you're lucky which is 3 demerits... maybe 2.

You see a judge if you plead not-guilty and want to fight it completely.

[albertGQ]

Originally Posted by Jayems

You see a judge if you plead not-guilty and want to fight it completely.

That's what I'm doing in April. Does anyone know the procedure and the liklehood of getting a not guilty verdict?

Thanks!

[Jayems]

Originally Posted by albertGQ

That's what I'm doing in April. Does anyone know the procedure and the liklehood of getting a not guilty verdict?

Thanks!

Show some man-boob cleavage.. I've heard that works well!

[Rathji]

Originally Posted by soulchoice

Actually that is only partially true, one can still try and reduce the fine and also a reduction in demerit points. They just wont allow a total reduction in demerits, only a partial reduction. This is in the scenario if you only decide to go as far as the first appearance option(prosecutor).

My sister in law just plead a ticket a month or so ago, and got all demerits removed from the ticket just for showing up.

[jolinar of malkshor]

Originally Posted by soulchoice

In my opinion, fight it. If this is new to you, it may seem difficult, but in reality, its easy. I fight every ticket, no matter what the circumstances are, justified or not.

Or you can just speak to the crown prosecutor. If you are looking for a total demerit reduction, its not possible to do it via this route. Total demerit reduction is not possible at a first appearance, prosecutor level.

For a complete chance at reduction and fine reduction, you have to go to court. For a complete reduction in demerits and a reduced fine(or even ticket being thrown out), PM me and I will give you a way I use to enhance your chances of having success. Its been discussed in another thread, but I dont feel like typing it all out again here.

This really angers me. The police officer gives the guy a break already which he didnt have to and you say fight it????

Here is the problem in society.....no personal ownership of ones actions. Is this the lesson you teach your kids? because if it is, shame on you.

[maverickeastwood]

I was pulled over once for speeding and it was quite weird from the start.

cop-"Drivers license please"
me-"Don't you need my reg. too"?
cop-"No, this is fine. You know why i pulled you over"?
me-"Uhh...no"
cop-"OK, I'll be right back"

a few minutes later...

cop-"Heres a ticket for speeding against a hiway sign and I ENCOURAGE you to take this to court"

*bewildered* "OK"

I went to court, he never showed up, I won. Bit of a pointless post, but it was a weird incident.

[Vulcan]

Originally Posted by jolinar of malkshor

This really angers me. The police officer gives the guy a break already which he didnt have to and you say fight it????

Here is the problem in society.....no personal ownership of ones actions. Is this the lesson you teach your kids? because if it is, shame on you.

Well kudos to the officer for handing out a break but our courts are based on an adversarial system so you're pretty much a sucker if you don't fight when you think it's important.
Question, are the cops being nice guys or are they hoping, by giving out a break that they don't have to appear in court and get an easy conviction as the person being ticketed may feel as you say guilty?

Originally Posted by Vulcan

Well kudos to the officer for handing out a break but our courts are based on an adversarial system so you're pretty much a sucker if you don't fight when you think it's important.
Question, are the cops being nice guys or are they hoping, by giving out a break that they don't have to appear in court and get an easy conviction as the person being ticketed may feel as you say guilty?

I wouldn'y say it's adversarial because it assumes some sort of antagonistic relationship. A cop is there to present evidence. Nothing more. I am sure some cases become more personal than others, especially criminal matters. But I don't think too many cops get ruffled feathers over a 'not guilty' verdict for a speeding ticket.

[pope04]

Originally Posted by Dion

A reduction in demerit points is no longer allowed.

Nope. I had a reduction on both the fine and demerits quite recently.

[jolinar of malkshor]

Originally Posted by Vulcan

Well kudos to the officer for handing out a break but our courts are based on an adversarial system so you're pretty much a sucker if you don't fight when you think it's important.
Question, are the cops being nice guys or are they hoping, by giving out a break that they don't have to appear in court and get an easy conviction as the person being ticketed may feel as you say guilty?

I will tell you what. I am getting to the point where I am not going to use my discretion anymore. I don't know how many times that I have given people BIG breaks and small breaks. And it never fails that there is I would say about 20% of the people that a: don't appreciate the break b: go on to do something like fight it in court just to try and see if they can see what happens or c: as soon as you tell them they are on their way all of a sudden their attidute changes to F*** you, you stupid dick for making me have to pay, I pay your salary and you should be doing something better. Instead of taking responsibility for their actions, it is someone elses fault or they will try and use the system to not own up to there mistake.

Imagine this: Police officer gives buddy a break on his speeding ticket. He was speeding 20k over and the officer reduces to 10k over. That reduces the fine and the demerits. Officer feels that buddy will learn his lesson, shows him that police are reasonable and willing to work with the guy. Then, buddy comes on to calgary puck, posts a thread explaining how he sped and that he got a ticket. Explains to everyone that the officer was nice enough to reduce the ticket. Then all these people tell buddy to fight it.....it's your right......thats why we have a court system. So buddy takes it to court and try's to fight the ticket. Forces the police officer into the court for God knows how many hours as he waits for buddies ticket to come up. Maybe it was his day off, maybe he had plans to go on vacation maybe not but instead of the officer being on the street or on his personal day off he is stuck in the court having to explain to the judge that buddy was speeding even though buddy knows he WAS speeding.


Now, since the officer had to go though all that crap even though he gave buddy a break, so you think he is more willing to give the next guy a break, maybe you, maybe me? NO.....why would he???

Unless you didn't do what you received the ticket for; then take some responsibilty and pay the friggen ticket. Quite wasting time, quit wasting money and quit ruining the likelyhood of the officer giving me a possible break in the future because of your failure to claim ownership in your actions.

ADD: As per your comment about being nice, it is about being nice.

[driveway]

Originally Posted by ken0042

If the light goes from amber to red while you are still in the intersection it won't issue a ticket; even though technically you did break the law.

I was under the impression that entering an intersection while the light was still yellow is a legal maneuver... I tried to find the relevant section of law, but Google has failed me.

[Jayems]

Originally Posted by jolinar of malkshor

I will tell you what. I am getting to the point where I am not going to use my discretion anymore. I don't know how many times that I have given people BIG breaks and small breaks. And it never fails that there is I would say about 20% of the people that a: don't appreciate the break b: go on to do something like fight it in court just to try and see if they can see what happens or c: as soon as you tell them they are on their way all of a sudden their attidute changes to F*** you, you stupid dick for making me have to pay, I pay your salary and you should be doing something better. Instead of taking responsibility for their actions, it is someone elses fault or they will try and use the system to not own up to there mistake.

Imagine this: Police officer gives buddy a break on his speeding ticket. He was speeding 20k over and the officer reduces to 10k over. That reduces the fine and the demerits. Officer feels that buddy will learn his lesson, shows him that police are reasonable and willing to work with the guy. Then, buddy comes on to calgary puck, posts a thread explaining how he sped and that he got a ticket. Explains to everyone that the officer was nice enough to reduce the ticket. Then all these people tell buddy to fight it.....it's your right......thats why we have a court system. So buddy takes it to court and try's to fight the ticket. Forces the police officer into the court for God knows how many hours as he waits for buddies ticket to come up. Maybe it was his day off, maybe he had plans to go on vacation maybe not but instead of the officer being on the street or on his personal day off he is stuck in the court having to explain to the judge that buddy was speeding even though buddy knows he WAS speeding.


Now, since the officer had to go though all that crap even though he gave buddy a break, so you think he is more willing to give the next guy a break, maybe you, maybe me? NO.....why would he???

Unless you didn't do what you received the ticket for; then take some responsibilty and pay the friggen ticket. Quite wasting time, quit wasting money and quit ruining the likelyhood of the officer giving me a possible break in the future because of your failure to claim ownership in your actions.

ADD: As per your comment about being nice, it is about being nice.

So then why are other cops above the law? Why don't they take responsibility for their actions when they get pulled over by their co-workers?

Off-duty cop gets pulled over, all he has to do is flash his city of calgary ID / police identification, and the other cop has no discretion. He won't want to be the cop to give another cop a ticket. Impunity?

[albertGQ]

Originally Posted by maverickeastwood

I was pulled over once for speeding and it was quite weird from the start.

cop-"Drivers license please"
me-"Don't you need my reg. too"?
cop-"No, this is fine. You know why i pulled you over"?
me-"Uhh...no"
cop-"OK, I'll be right back"

a few minutes later...

cop-"Heres a ticket for speeding against a hiway sign and I ENCOURAGE you to take this to court"

*bewildered* "OK"

I went to court, he never showed up, I won. Bit of a pointless post, but it was a weird incident.

Same thing happened to me in November of this year. I was going 30 over, cop gives me a ticket for five over and tells me "If you decide to plead not guilty, I most likely won't show up"

[Buff]

Originally Posted by driveway

I was under the impression that entering an intersection while the light was still yellow is a legal maneuver... I tried to find the relevant section of law, but Google has failed me.

I believe there is a certain distance from the intersection that you have to be before you can get a ticket for going through an amber light. They are doing a crackdown this month in Lethbridge on people running amber and red lights. I saw the bit about it on the news but didn't pay close attention.

[fredr123]

Originally Posted by albertGQ

Same thing happened to me in November of this year. I was going 30 over, cop gives me a ticket for five over and tells me "If you decide to plead not guilty, I most likely won't show up"

Maybe CPS officers can meet their ticket quota by merely issuing tickets without the City actually collecting the fine. Could be the officer's way of passive-aggressively sticking it to the man.

[fredr123]

Originally Posted by driveway

I was under the impression that entering an intersection while the light was still yellow is a legal maneuver... I tried to find the relevant section of law, but Google has failed me.

Use of Highway and Rules of the Road regulation

Yellow traffic lights
53(1) When, at an intersection, a yellow light is shown by a traffic control signal at the same time as or following the showing of a green light, a person driving a vehicle that is approaching the intersection and facing the yellow light shall stop the vehicle before entering
(a) the marked crosswalk on the near side of the intersection, or
(b) if there is not any marked crosswalk, the intersection,
unless the stopping of that vehicle cannot be made in safety.

(2) When, at a place other than an intersection, a yellow light is shown by a traffic control signal at the same time as or following the showing of a green light, a person driving a vehicle that is approaching the signal shall stop the vehicle before reaching the closer of
(a) the area that is subject to the signal, or
(b) the nearest crosswalk that is in the vicinity of the signal,
unless the stopping of the vehicle cannot be made in safety.

Originally Posted by Jayems

So then why are other cops above the law? Why don't they take responsibility for their actions when they get pulled over by their co-workers?

Off-duty cop gets pulled over, all he has to do is flash his city of calgary ID / police identification, and the other cop has no discretion. He won't want to be the cop to give another cop a ticket. Impunity?

In a perfect world, they would write a co-worker a ticket (Rule of Law). In reality, i would suppose it sure would make work a rather tense place keeping in mind it is a paramilitary organization.

[Bill Bumface]

I had a completely wrong name and address on one of my tickets, took it in, and the JP just asked to see my ID and fixed the ticket and gave it back to me