Failed to stop for school bus

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argyll
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Re: Failed to stop for school bus

Unread post by argyll on

EphOph wrote:
argyll wrote:
jsherk wrote:Many times the evidence is not there, and a testimony will self incriminate you.
On what evidence or experience do you base 'Many times...". Occasionally would be a more accurate word. My scenario is far, far more prevalent based on my thousands of interactions and those of my colleagues.
I helped someone fight a fail to report ticket last year. The only reason the charge was laid was because of the accused statement to the police and said statement was in fact the only evidence they had. Maybe it depends on the officer (and whether he has filled his quota that month), but personally I would never self incriminate to a police officer and hope I show enough regret for him not to charge me.

I also disagree with the sentiment that refusing to answer questions forces the officer to lay a charge - an officer is never forced to charge someone. If that's the case then why do we even have the right to remain silent in the first place?
I'm not telling anyone to talk to a police officer. All I'm saying is you have a choice: pull the "I don't need to speak to you" and if the evidence isn't there then you will get on your way with no charge, but if the evidence is there then you will receive a ticket. If you accept you have done something wrong then you will either get a ticket that is undefendable (because you have admitted it) or a warning.

I advise my friends to do the latter and I have done the same (I didn't show my badge when I was pulled over).

To all readers, it's your choice whether you adopt jsherk's strategy or mine.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
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EphOph
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Unread post by EphOph on

screeech, you can view the thread here: failing-to-report-a-collision-to-a-poli ... t7717.html. End result was a plea deal to a municipal bylaw.

argyll, you do have a point and although I personally would never admit to anything to a police officer, I have heard from people I know who've gotten warnings by being apologetic. But wouldn't the seriousness of the charge have to be taken into account also? I've seen this charge dealt with in court before. JPs seem to take it more seriously than other types of tickets, presumably because children can be endangered. I would assume the attitude is also held by police officers, making it very unlikely that a warning would be issued for this particular offense.

In the context of this thread, the OP has two options if an officer appears at her door:

1) Say nothing. She will be charged as OWNER and the prosecutor will have to summon the witness who took the plate number. Worst case, pay the fine but no insurance implications.
2) Admit to passing the school bus. She will be charged as DRIVER and only the officer will need to be at the trial. Worst case, pay the fine AND insurance increase.
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