Legal Help: Police Intimidation

[HOOT]

Originally Posted by Bent Wookie

Best post ever!!!

With a name like 'HOOT' and an admission of illegal activity, I would say they were targeting the right person?

Edit: I guess I could have pegged you wrong and you are just a strong supporter of the endangered burrowing owl.

Well the funny thing is HOOT is just a nickname because no one can pronounce my last name correctly and it just stuck. But it does fit

But the main reason I was getting hassled was because I was 17 driving around this thing, many people assumed.

[Dan02]

Originally Posted by Bend it like Bourgeois

definitely a lame move by the cop. Would the higher ticket impact insurance?

Just out of curiousity, for those in the know, how would the excuse on the original ticket play out in court?

If there was a sign saying 80k that doesn't mean there wasn't another temporary sign saying 60k.

Would the cops have to prove the posted speed limit at the point where the speed was clocked and that it was clearly marked, or is it assumed drivers should know its 60 in the construction zone?

I'm guessing it's was on country hills between Shaganappi and 14th street and if so, the signage they had during the construction there was absolutely atrocious.

From what i remember there was indeed a speed limit sign which was never covered up which said 80.

As for the speed signs for 50 and 60, it seemed completely random which signs were where and when. Sometimes they'd forget to put them up at all even though it was obvious there were workers ahead, sometimes at the end of the day they'd only take the ones on 1 side down. sometimes they'd leave them up overnight, sometimes they would have mismatched 50 and 60 signs on opposite sides of the road from each other going the same direction. Furthermore they put the signs right in the spot at night where there were no street lights, even with your lights on it was hard to follow the road at times because of the bright light ahead and the bright light you were just in.

Basically a cluster**** and while i usually went 60 through there because i knew from daily driving i couldnt tell what to expect for signage or what would be enforced, that being said I think someone has a legitimate case if they were to claim the signage meant 80.

and HOOT, you should post that picture of your truck in this thread.

http://forum.calgarypuck.com/showthread.php?t=53922

[jolinar of malkshor]

I can tell you that this is not uncommon. I know a lot of officers that will re-issue a ticket for the full amount if someone was given a break and then decides to fight the ticket. The way he has done it however seems a little unprofessional. Usually the person would just be served with another ticket at his/her trial date if it were in the 6 month time period.

[jolinar of malkshor]

Originally Posted by T@T

This is not a real ticket...period. A police officer cannot show up at your door with a speeding ticket wrote earlier. The number on the top of the ticket has to correspond with the date of the offence and must be turned into the courts that day/possibly next day because of time and since this ticket couldn't have been turned into the court the day of the offense it is null and void.

He must be two cops, one cop cannot be this stupid.

Another FYI for anybody. If a cop shows up at your door and say he saw you speeding. Never admit anything, ask him for a picture of your car showing a licence plate. He cannot prove you were behind the wheel and unless he had a camera with him(not likely) he cannot charge you with anything. Even if this was a chase and he radioed in your plate the worst you would get is a multi-nova type ticket.

He can charge you with whatever he wants to charge you with.

[fatso]

He must have just started watching 'The Shield'. Cut him some slack.

[jar_e]

Originally Posted by T@T

This is not a real ticket...period. A police officer cannot show up at your door with a speeding ticket wrote earlier. The number on the top of the ticket has to correspond with the date of the offence and must be turned into the courts that day/possibly next day because of time and since this ticket couldn't have been turned into the court the day of the offense it is null and void.

He must be two cops, one cop cannot be this stupid.

Another FYI for anybody. If a cop shows up at your door and say he saw you speeding. Never admit anything, ask him for a picture of your car showing a licence plate. He cannot prove you were behind the wheel and unless he had a camera with him(not likely) he cannot charge you with anything. Even if this was a chase and he radioed in your plate the worst you would get is a multi-nova type ticket.

Sorry but this is wrong.

As already stated in the thread, a cop can issued a ticket up to 6 months after an offense. If a cop with reasonable and probable grounds saw you speeding but was en route to another call and couldn't pull you over but he got your place, he can deliver a ticket through an affidavit and it would still be a valid and legit ticket. If it was a pursuit and you match the description of the drive and it was reasonable and probable for the officer, you would be charged with a whole list of things.

[Dan02]

Originally Posted by jar_e

As already stated in the thread, a cop can issued a ticket up to 6 months after an offense. If a cop with reasonable and probable grounds saw you speeding but was en route to another call and couldn't pull you over but he got your place, he can deliver a ticket through an affidavit and it would still be a valid and legit ticket.

Wouldn't said ticket be significantly harder to prove in the event that you actually challenged it?

[T@T]

Originally Posted by jar_e

Sorry but this is wrong.

As already stated in the thread, a cop can issued a ticket up to 6 months after an offense. If a cop with reasonable and probable grounds saw you speeding but was en route to another call and couldn't pull you over but he got your place, he can deliver a ticket through an affidavit and it would still be a valid and legit ticket. If it was a pursuit and you match the description of the drive and it was reasonable and probable for the officer, you would be charged with a whole list of things.

The first ticket has to be quashed before he issues a second.

As for the other part..sure he can give you a ticket...but he'll never win in court.

[jolinar of malkshor]

Originally Posted by T@T

The first ticket has to be quashed before he issues a second.

As for the other part..sure he can give you a ticket...but he'll never win in court.

Dude, you seem a little sure of yourself. It has happened many times before so why would make a statement like this? It would be harder to prove thats all.

[VladtheImpaler]

I am lawyer, and I know you expect me to say this, but get a f***ing lawyer. At least go to POINTS, since they specialize in traffic offences. Criminal and traffic offences are not my area of expertise, but this certainly stinks, and it's well worth your while/money (and insurance rate implications) to ensure this is quashed.

[troutman]

Professional Standards
Compliments - Officers/Service
Complaints
403-206-5904

[burn_this_city]

Originally Posted by HOOT

Well the funny thing is HOOT is just a nickname because no one can pronounce my last name correctly and it just stuck. But it does fit

But the main reason I was getting hassled was because I was 17 driving around this thing, many people assumed.

Did your truck make it into hot rod or low rider a couple years ago?? I remember one identical to it in those magazines and the guy was from Calgary..

[ok, ok,....I get it]

what was the name of the movie that came out with Samual L Jackson as the crazy cop neighbour.......this should go well for you.

[peter12]

Originally Posted by jolinar of malkshor

He can charge you with whatever he wants to charge you with.

This sentiment really annoys me.

[Tron_fdc]

My sister got into a situation with a cop once who intimidated and somewhat humiliated her for a minor traffic offence, threw snow in her face, ranted about bad drivers, and after she filed a complaint the guy wrote an apology, and went to counseling. It was handled quite well by his superiors.

File a complaint. I have a few buddies that are cops, and they take complaints VERY seriously, even if they're totally ######ed and filed by crackheads. Apparently complaints stick to their records, no matter how ridiculous they are.

Personally, I think there is more to this story. I keep thinking that what he said was taken the wrong way or said the wrong way. Maybe he does intend to have the crown quash the first and have you answer to the second and was thus confirming your attendance at court? I don't know. That seems more logical.

I just can't figure out why a cop would do this. He has nothing to gain and if true, certainly reflects poorly on him.

The fine amounts are actually the opposite of what has been said here. The first ticket is the correct amount (no break) and the second is actually lower then it should be for going 44km/hr over.

If a cop wants to quash a ticket, he can but since it already has a trial date, it is now in the hands of the crown.

T@T's posts are completely wrong and full of misinformation. I will only add that you can still get tickets as a registered owner. So if a cop sees you driving like an idiot, etc, manages to grab your plate but can't pull you over at the time, he can still issue a ticket to the registered owner of that vehicle (he can still write a ticket to the driver if he feels confident in identity however).

[mykalberta]

I still cannot believe a cop can send you a ticket for something supposedly that was offended for up to 6 months.

Who came up with this magical 6 months range for traffic offenses. I can see something that takes detective work, but traffic offenses, seriously?

Also, as per the OP, this whole thing sounds fishy.

According to the cop..

He decided not to give you a ticket for 104 in a 60 zone.
Then decideds to give you a ticket going 82 in a 60 zone

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.

I would definately fight this BS. I would call the cop and say you arent going to fight it, then fight it and see if he shows. If he doesnt the ticket gets thrown out.

[Dan02]

Originally Posted by mykalberta

Also, as per the OP, this whole thing sounds fishy.

According to the cop..

He decided not to give you a ticket for 104 in a 60 zone.
Then decideds to give you a ticket going 82 in a 60 zone

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.

[Ford Prefect]

Originally Posted by Dang

I take some pictures of the 80km/hr sign and decide to go to court and set a date for this coming Friday.

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.

[Dan02]

Originally Posted by Ford Prefect

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?

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