JDMTWINTURBO
Newbie
Newbie
Posts: 8
Joined: Mon Apr 20, 2009 1:27 pm

Help With This Please!!!!!

by: JDMTWINTURBO on

i received a ticket yesterday for "Race a motor vehicle while performing Stunt". followed by the 7 day suspension and impoundment. i was pulled over right after i had left our garage facility where i keep my car. i did nothing wrong when i pulled out onto the road and was pulled over almost instantly. the officer asked for my registration, licence and insurance which i handed over. then he asked what towing company i used. when i asked why he said that i was racing and my car was being impounded and my licence was being suspended. i was shocked!!. after about an hour of waitin on the side of the road the car was picked up and i was finally given paperwork. the officer then told me that he had seen me earlier during the day driving fast and weaving in and out of traffic, ( which is untrue)while driving his own vehicle and that he had been watchin for me from then on.

please help, what should i do??

User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

by: FiReSTaRT on

On a bad note, you're out a G for sure (towing+impound) and you'll never be able to get that money back. Also he could be a scripter in which case he'll write a very nice story for his court appearance and the disclosure package.

If he's stupid enough to be honest about it, the manner in which you have been caught could possibly put enough holes in Crown's case to get you off.

For this sort of a case, your best bet is to hire a proper lawyer. (S)He will take care of the case for you and hopefully make the rest of your problems disappear.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

FiReSTaRT wrote:On a bad note, you're out a G for sure (towing+impound) and you'll never be able to get that money back. Also he could be a scripter in which case he'll write a very nice story for his court appearance and the disclosure package.

If he's stupid enough to be honest about it, the manner in which you have been caught could possibly put enough holes in Crown's case to get you off.

For this sort of a case, your best bet is to hire a proper lawyer. (S)He will take care of the case for you and hopefully make the rest of your problems disappear.


X2.....sorry about your luck

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
JDMTWINTURBO
Newbie
Newbie
Posts: 8
Joined: Mon Apr 20, 2009 1:27 pm

by: JDMTWINTURBO on

so basically if he comes up with a good enough STORY im screwed???

what ever happened to us needing proof beyond a shadowable doubt??not just a story from some pissed off cop??

User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

FiReSTaRT wrote:For this sort of a case, your best bet is to hire a proper lawyer.

I would not do that.....get a paralegal.....rarely are actual lawyers in traffic court (to what I have seen) and most lawyers "sub" out the work to a paralegal. Paralegals are there all the time, are up to date on cases etc......unless of course you can find a lawyer specific for traffic.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

by: FiReSTaRT on

JDMTWINTURBO wrote:so basically if he comes up with a good enough STORY im screwed???

what ever happened to us needing proof beyond a shadowable doubt??not just a story from some pissed off cop??


The Liberals happened.

Even before them, in court, the constable's story is usually held as gospel. Your only chance would be to have solid proof (either in self-contradiction or solid evidence) to win a case on anything other than a technicality. Having zero standards (other than political connections) for JP's doesn't help the overall state of the system.

I'll re-iterate your need for a lawyer that specialises in major offences, while operating a motor vehicle. It will run you about as much as the fine, but at least you won't have a 172 conviction on your record, which can kill your insurance rates.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
User avatar
FiReSTaRT
Sr. Member
Sr. Member
Posts: 371
Joined: Mon Mar 16, 2009 6:01 pm
Location: GTA

by: FiReSTaRT on

I have seen actual lawyers handle major cases in court and make the Crown prosecutors dance around in circle (both cases I was a witness).

With that being said, most constables are on the level. It really sucks that you got one that's either a natural a-hole or on a really bad day. That's the biggest issue with bill 203. Whatever happens, you're out of a good amount of money.

What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

Write down EVERYTHING you can remember about the whole day. The officer is going to have to pick a sub-section to nail you on. Since he was in his civilian vehicle it wasn't speed..........and waiting for you it had to be more then spinning your tires

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
JDMTWINTURBO
Newbie
Newbie
Posts: 8
Joined: Mon Apr 20, 2009 1:27 pm

by: JDMTWINTURBO on

i am going to write down everything about the whole day. i just cant wrap my head around this. its not like im some young punk kid...i am 34 and i have a clean record( worst ticket before was for 14km over). im not saying im perfect but who is? and i know for a fact that i wasnt spinning my tires because i had just installed them the day before and tires for my car arent cheap. so i dont know what this cop saw but if it was something stupid or bad it wasnt me!!

this is just another reason for me to move out of this WONDERFUL country we live in. Welcome everyone to Communist Canada!!

JDMTWINTURBO
Newbie
Newbie
Posts: 8
Joined: Mon Apr 20, 2009 1:27 pm

by: JDMTWINTURBO on

new bit of news.....according to the radio today i was stopped for weaving in and out of traffic and endangering human life.....this is a total crock of *EDIT*. also found out that this same cop is giving out many high priced tickets in our area.

User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on

Sorry about your bad luck x 3!


Reflections and FiReSTaRT have already given you good advice so I'll just add my 2 cents. Whether you hire a paralegal or a lawyer, definitely get professional assistance with this one. If the situation was as you described it, there was no justification in seizing the vehicle. He lost sight of your vehicle, and I doubt that he identified you specifically as the offending driver when you were allegedly committing whatever act he stopped you for. He'll have to come up with more than just a good "story" to get a conviction. By the way, if you are opposed to this law, you can sign this petition right here (if you haven't already):


http://www.petitiononline.com/civil013/

Which city did this allegedly occur in, if you don't mind me asking?


You and your lawyer/paralegal will be able to get a disclosure package with all of the relevant information. This will include the officer's notes, which will indicate just how strong of a case they have against you. This offence is "strict liability" so you do have several more legitimate defences you can use than if it were a speeding ticket. In the mean time, there is a $150 reinstatement fee :roll: for your suspended licence. This ridiculous farce of a law has ensnared people as old as 85. One more thing: If the Crown drops the charge due to lack of evidence, I'd suggest filing a complaint.

User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

Damn man, you're almost as famous as Bookm.....he was on Canada's Worst Driver.......Around here he's also referred to as "Foxworthy"....Hook up with a good paralegal.....I can't refer you to anyone as I live MUCH south of you.

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
tdrive2
Sr. Member
Sr. Member
Posts: 346
Joined: Thu Jan 15, 2009 9:49 pm

by: tdrive2 on

no way bookm was on canada's worst driver.


Haha you gotta be kidding me did he have some of that beef Jerky to!!!


What season and episode number was it ill see if it is on the net and post it for you guys!


I wanna see hwybear on TV.


He should come to the GTA. Go on for one of those truck safety blitzes they have.


I bet i can see bear right now on Global News on the side of the 401 with his Tahoe and a tim Horton's trucked pulled over, as he discuses about hwysafety.


a few seconds later we see the camera shift and the driver is all tied up with a pile of doughnuts spilt on the road.


Sorry i just find the whole coffee shop thing and cops to funny.


One morning i was driving i saw 3 HSD officers pull into a timmy's at the start of a shift, priceless.


hwybear your in Carnage alley. Have you ever had a Tim Hortons, dunkin doughnuts, etc truck involved in some trouble?


I wonder if those tim Horton's drivers are always the poor bastards that get stopped for safety inspections


:lol:
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

tdrive2 wrote:

I wonder if those tim Horton's drivers are always the poor bastards that get stopped for safety inspections :lol:


Only Beer Store trucks my friend :wink:

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Post a Reply

Return to “Racing”

Who is online

Users browsing this forum: No registered users and 2 guests