This is my ticket
MVA 170(1) No signal on turn $98 2 points

This is what happened

coming back from mission, we went cruisin by port kells. i was with houman, armen, matt i think was there, a coupla girls, shawn i think and rob H. .. all in a bunch of beater cars (houmans rusty tercel or whatever it was etc ...) so we cruise by where the races are at about 1 in the morning (it was late enough that no other cars were around .. they were all gone) as we turn right on that street (off of 96th, where the races are) we see a bunch of cops ... so they all pull U turns to go back to timmy's and so do i ... cop pulls me over on the spot and tries to tell me that my U turn was illegal. but no ticket at this point. I told him that U turns are not illegal in side streets so he tells me to go home and not stick around .. i go ok. (at this point everyone else is waiting at timmy's).. so this girl that was in my car lives in west van and i had to drop her off with houman to take her home cuz i didnt wanna go all the way to west van ... so i go back to timmy's to drop her off with houman and go home ... this cop follows me INTO timmy's, puts his lights on and becomes VERY aggressive and rude. asks me for my DL again very very rude and doesnt listen to me at all .. he said "I TOLD U TO GO HOME" and i said " I AM , had to drop this girl off " .. he doesnt listen and writes me a ticket .. for not putting on my turn signals about 5 blocks back where i turned right on 96th (the main stretch that timmy's is on)
he wouldnt give me his badge # .. he woudnt give me his name .. and he refused to call his supervisor as i asked him .. he barely spoke proper english (he was from somewhere in eastern europe i guess) and was EXTREMELY rude ... he looked like he was scared of us, there was a whole bunch of us and we were all talking to him at the same time.. he was sitting in his cruiser, with all windows up and doors locked and writing stuff ...

so im gonna goto court for this one on the 11th of march ...

basically my main defense is that .. if i didnt put on my turn signals BACK THERE, why did u wait 5 blocks to pull me over for it and follow me in tim hortons !? so the ticket must've not been for a turn signal and merely an excuse to write me some ticket. (i have my time slips and my receipt from Mission from that day in case he wanted to pull street racing BS on me on the court, and besides i'll ask him to describe the cars i was with exactly, then i'll ask the judge exactly which one was i supposed to race, between a rusty 81 corolla, or robs 80 civic !?) either way he cant slap that **** on me .. the ticket is for no turn signal ..

 

Hey we weren't all in beaters!
Although my car was a FORD it was still a nice T-Bird
I thought you were in your camaro that night?? But then again I am on a lot of drugs right now from getting my wisdom teeth removed.

Anyways I would just tell the judge the truth. Tell him that the cop gave you a warning for no turn signal. I wouldn't even mention the U-turn unless it says it on the ticket... If you still get slapped with a fine ask the judge not to give you any points for the infraction and tell him you are a poor full time student that doesn't work. He will probably reduce the fine or give you a year to pay.

 

was ur Tbird there ??? i dont remember everything exactly .. the ticket was issued on october 6 2001 .. year and half ago

after u get off the drugs see if u can remember any more details abuot that night and post it ... ie: that girls name, other cars that were there, other peolpe that were there exactly .. etc.

one more thing .. im 100% positive that i put on my turn signal .. there is no doubt in my mind that i did .. because 1) i ALWAYS DO .. i dont even think about it .. and 2) ESPECIALLY when there is a cop up my *** trying to give me a ticket i will make SURE that i do ABSOLUTELY NOTHING WRONG ... so im sure i did put on my turn signal...

its not the fine im worried about .. its the POINTS .. i have a bunch of tickets disputed .. and all the court dates have popped up .. first one is march 11, then i got 2 tickets apr 4th (dunno if i can win those) .. and 1 more ticket apr 9th (exssesive noise from my tires etc that i post a while back.. i can put up a good argumend on that one too) ... these 4 tickets add up to 10 points . if i lose all of them,, bye bye drivers license for the summer .. i will NOT LET THAT HAPPEN.

 

hey payam
try to get ur court date changed
wait another year or so to go back
i did that and the cop retired 2 weeks after my first court date

 

".. he barely spoke proper english (he was from somewhere in eastern europe i guess) and was EXTREMELY rude ... he looked like he was scared of us, there was a whole bunch of us and we were all talking to him at the same time.. he was sitting in his cruiser, with all windows up and doors locked and writing stuff ... "


Don't mention that

Just tell the story as is and get ready to argue , and well when the judge asks you what you were doing in port kells at 1am just let him/her know that you were hungry

 

hey payam i just went to court for a ticket for not having my "n" displayed. the ticket was for $86 and i got the judge to drop it to $50 but she said she can't drop the points, they can either drop the ticket all together or just the fine but not the points. she said i have to deal with the DMV about that so i wrote them a letter and i'm waiting to hear back right now.

 

Ollie: too late for that .. u need 2 weeks in advance notice to get a court date djourned ..

johnny: if i was asked that .. i'll say that i was following my friend to another friends house, but he got lost, we passed his house and had to pull a U turn in that street and go back

 

i did it once a week before
there really lienient on that
i asked the court clerk lady

 

You don't have an adequate defence. Although you are innocent, you will probably be found guilty becuase police officers can follow you as long as they want before issuing you a ticket, as long as they have a valid reason for it. If you speed on the highway for example, an officer may wait several miles to observe your driving patterns in detail before issuing you a ticket. My guess is that this officer is going to tell the judge that you explicitly disobeyed his warning and did not go home when asked to do so. The judge will rule that the officer gave you enough of a "warning" and accordingly find that you're guilty. Just my $0.02, but I hope you prove me wrong .

Good luck.

 

What you should have done was argue that your right (Under Section 11(b)Canadian Charter of Rights and Freedoms), to a prompt trial was violated due to the delay. You cannot possibly adequetely defend yourself for this infraction 18 months after it happened, and the peace office cannot possibly prosecute for the same reason. Unfortunately to do this you should have started sooner and followed this procedure:

When it is determined that the delay is through no fault of your own, you can start filing a "Notice of Constitutional Question" form to the Crown, advising them that you wish to dispute the charge based on the Charter. It is advisable to file this form as soon as the situation arises, or at least 15 days prior to the trial. During the trial, make a motion to stay the charge(s) on the grounds that the defendant is prejudiced due to unreasonable delay on the part of the Crown. You should be prepared to have other defences available in case your motion is denied, or you can request an adjournment. Click here for an example of the form, and modify it according to your own case. This example also contains the situation where the delay is further caused by the Crown's failure to provide disclosure on time. Take that part out if it doesn't apply to your case. After you have completed the form, send it to the prosecutor's office responsible for handling your ticket, the court house (if it is different from the prosecutor's office), the Attorney General of BC and the Attorney General of Canada.


This is assuming that the original scheduled court date (not counting postponements at your request) was greater then 8 months from the ticketing date. You will also need to prove that the delay caused a "prejudice" preventing you from defending yourself. In this case this would be "loss of memory"

Another thing you SHOULD have done was request full disclosure. You would be presented with both sides of the officer's copy of the ticket, any statements he recorded, and any notes he took regarding your case. Unfortunately you need to do this 2 weeks before your court date.

The reason for requesting disclosure is that you can see all evidence that will be brought against you in court. If the officer doesn't have notes, this makes the 18 month delay in your court date even more likely to get your case thrown out.




Guys, if you really want to beat the ticket and you want help doing so, please give us more notice and we can hook you up with more options .

 

Agreed Craig but I think Payam intentionally delayed the court date, thereby releasing his right to a prompt trial due to the fact that he knowingly extended the lag time.

 

yeah.
first off the cop pulled you over for no reason then let you go.
I don't think he followed you. I remember we were standing around wendy's with the cars parked when the cop came. Then he wrote you a ticket when your car was parked. it was me, you, matt, houman, brandy and mickelli i think. You were in your camaro because i remember brandy wanted to go for a ride with you. It was after mission

 

He will not show up, trust me on that one. If it's a large ticket that's going to effect hes monthly quota then they make some sort of effort to show. One thing i've learned is they do not get paid for the time in court. Durring monthly payroll they add up all there court time and are deducted the pay for how ever many hours they spend it court.

 

aly: this court date has never been adjourned by my request .. its the first hearing date set by the crown ... maybe i'll go try to get it adjourned so i can request full disclosure....

even if an adjournment is granted .. i think i can still argue that the first hearing date was delayed by 18 months blah blah blah ...

aly: also, the cop has no reason to follow me for 5 blocks for not putting on my signal ... the ticket is not about me leaving the area .. he cant slap that on me in the court .. i WAS in fact on my way home ... the ticket is for not putting on a signal ... speeding is a different ballgame .. they follow u to make sure ur intentionally speeding .. no cop will give u a ticket if u speed for 30 seconds then slow down

but not putting on a turn signal isnt a continious act like speeding .. so what would be the cops defense when i ask him this ?!

"if i had actually not put up my turn signal, why did u not pull me over on the spot... why did u follow me in to tim hortons, wait till i get out of my car, and then put on ur lights ?!"

then i will argue that: in fact the true reason as to why he pulled me over was NOT the turn signal violation and must have been something else ... because if it were the signalling violation he would have pulled me over at the time of this violation ... now whatever else that reason is .. the judge wont care .. "CASE DISMISSED .. THANK YOU MR Sideways for putting up a good argument .. Mr Cop: u are indefinately suspended for abuse of authority and sh*TTY JUDGEMENT ... the court would like to contribute $15,000 towards ur 396 motor buil...." oh sh*t im dreaming again ...

 

I would definitely try to get the date rescheduled and to file the paperwork for obtaining disclosure and your defense based on the Charter. If you are able to file the motions re: the Charter in time, I am 100% sure you will get the case dismissed.

As for the cop following you, they can ticket you whenever they like. Whether they do it 5 seconds or 5 minutes after the fact is irrelevant. He may have been following you to see if you did anything else illegal which he could add to the ticket. I see no way of using that as a defense, but you are welcome to try .

Remember if you use your "memory loss" as prejudice to support your motion re: the Charter of Rights, you will not be able to argue that the cop followed you for 5 blocks, or that you were 100% sure you signalled at every turn.