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Anyone in BC ever disputed a speeding ticket?

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Old 05-29-2004, 06:30 AM
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Some cops will just say "no contest" when you declare not guilty. In a courtroom of about 26 people, about 23 of them got tickets from one cop. The cop was there, and all 23 of them got their ticket thrown out after pleading not guilty and the "no contest, your worship" reply from the cop.

I was one of the ones that did not get a ticket from that particular officer. Instead I got to plea guilty and requested minimum fine because that officer was for sure gonna can me being a dyed-in-the-wool guy. I wasn't worried about the fine amount, it's the points system more than anything else.

Take a chance, dispute it. You never know what result you'll get.
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Old 05-29-2004, 08:48 AM
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If you have the time, dispute it. The way they work it (I've disputed around 6 tickets, won 3) is they schedule all of that cops disputed tickets at one time. So there might be a bunch of people all there to dispute tickets from the same cop. So that means the chance of him being there is relatively high. I only once had a no-show, and another time I didn't show and neither did he but that means I end up being guilty. Anyway, I once heard a judge throwing the ticket out due to a cop making a mistake in his opening remarks of who he was and where he worked. Tecnicality. As for the ticket mistakes, I don't think the judge is going to buy it. He will probably flat out ask you: were you driving over the speed limit when you got this ticket? If you say yes, than that's that. You are guilty. The cop will also say how he calibrated his speed measuring equipment before and after his shift. Ask if he is a licensed radar/ladar operator and for a copy of the records showing how he calibrated it. If he doesn't have the correct copy of what was done, you MIGHT have a chance to get it tossed out.

I only once had a cop basically say no contest and that was when I was in a serious accident of which apparently was my fault. I still have amnesia to this day of what happened. The cop showed up after the crash and gave me a ticket for running a red light and apparently I signed it but I was in no good shape to sign anything. I show up in court to fight it and he said he had no evidence, as he was not there to witness the offence.
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Old 05-29-2004, 09:34 AM
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Lets' see.

Lowered flashly car with all the windows blacked out.

My brother tried fighting a ticket when we got nailed on the bikes......NOT GOOD

The judge nailed him even more, he had to pay the ticket before leaving or they would hand him a 24 hr suspend. PAY THE TICKET, the pionts will only need to be paid if you go over three and if you need to renew your insurance. You will also lose pionts on your birthday.
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Old 05-29-2004, 02:01 PM
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I still have points from '98-99 on my damn license. i've got 13 points. One more 3 point speeding ticket and I get suspended. Not an option.
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Old 05-29-2004, 02:25 PM
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I am from alberta, and all my tickets have been in BC. Right near the border they seem to be real dicks. Last weekend I was driving to Cranbrook to pick up some RCA's, and I got a ticket for going 104 in a 100 zone.

Two years ago, I flipped my car just outside of Fernie when a semi ahead of me slammed on his breaks, and the cop gave me three tickets:
1. Driving too fast under the conditions (and he wasn't even there)
2. Crossing the yellow line
3. Obstructing the ditch (apparently I could not be in the ditch in case they decided to do construction.

I got all but the first one removed though.
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Old 05-29-2004, 09:59 PM
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Originally posted by defro:
fight the machine brother, fight fight fight fight
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Old 05-29-2004, 10:25 PM
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Clubconcepts:

1) Please read your violation ticket. Above the Officer's signature line, it reads "Shaded areas of this ticket are not part of the offence charged."

That means vehicle make, type, colour, year, etc.. are NOT required for the violation ticket to be valid. If the vehicle model was written incorrectly, it is irrelevant.

2) Also the charge of Speed Against Highway Sign Sec. 146(3) MVA means that the officer only needs to prove that you did 111 km/h in a 90 km/h zone. This can be via pacing (with or without radar), laser, or radar.

3) If your driving record is poor and you have received previous driving prohibitions, the Justice of the Peace (JP) can increase your penalty upon conviction. During the penalty phase, the Justice will ask the officer is he has a record to allege - which is your driving record. If you have a "poor" driving record, changes for any leniency upon conviction are nil. This can mean a lengthy prohibition in addition to the maximum fine amount. E.g., Your honor, Mr. XXX has had 13 speed related convictions in the past 5 years including 4 driving prohibitions totalling over 2 years. What do you think will be the response of the JP?

4) Highway Patrol officers generally attend their traffic court disputes.

Traffic court disputes are NOT scheduled for non-working days. They are scheduled for when officers are working - so no overtime is paid. Criminal court is a different matter altogether.

Generally, the only way you will win your dispute is when the officer is NOT present and has not applied for any type of adjournment, or, the officer has missed a key point in his evidence and has not caught or corrected it in his testimony.

If you have a particularly poor driving record or were "abrasive" to the officer, the chances of the officer showing up for your dispute are high.

I hope this information assists you.
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Old 05-31-2004, 02:57 PM
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Check the ticket to make sure it has the specific adress of the courthouse where you can dispute the ticket. A few summers ago I got five tickets throughtout the southern interior of BC & got four of them thrown out becuase a specific courthouse wasn't indicated.
I too have had an office plead "no contest" on a ticket I received for an HOV (high occupancy vehicle) lane violation.
I'm of the same mind set as you, I can handle the fine but not the points. My license has been suspended once before & cost me $3K+ in fines in my early twenties & I won't go through that again.
Fight the ticket & try every angle you can & play the same game the police do. Make note of the descepancies on the ticket, make sure the officer explains how he got the speed reading on your vehicle. If he says it was radar or laser, ask if the device was calibrated that day. If it was pacing, ask if the officer had been trained to do that & if so, when?
All I suggest is that you give it a try, there;s nothing to lose & I've been successful five of seven times.
Good luck!
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Old 05-31-2004, 05:59 PM
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Originally posted by seege:
I am from alberta, and all my tickets have been in BC. Right near the border they seem to be real dicks. Last weekend I was driving to Cranbrook to pick up some RCA's, and I got a ticket for going 104 in a 100 zone.

Two years ago, I flipped my car just outside of Fernie when a semi ahead of me slammed on his breaks, and the cop gave me three tickets:
1. Driving too fast under the conditions (and he wasn't even there)
2. Crossing the yellow line
3. Obstructing the ditch (apparently I could not be in the ditch in case they decided to do construction.

I got all but the first one removed though.
I would fight that one, when lazer came out they found that no two speedos are the same. They will now allow a plus-minus 5kms. " Sorry Judge, I was going 100km according to my speedo"
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