I'm not denying that you have good points Payam, in my opinion I think they are valid and truthful. BUT in a court of law, emotion, speculation and assumptions will get you nowhere. Fact and evidence dictates judgment, and that's why you *may* be in trouble:

FACT: You were stopped by a peace officer.
FACT: You were told to go home.
FACT: You did not go home (no one cares why).
FACT: You were stopped a second time, by the same officer.
FACT: The police officer can follow you for any valid reason
without explanation. He has been entrusted by the state
to have more authorative power than a civilian.
FACT: You received a ticket.

Moreover, alternate factors come into effect - your ticket for your ALLEGED lack of a turn signal shows the judge your poor judgment when operating a motor vehicle. You probably have a thick Motor Vehicle file (like many of us here, myself included ) that is riddled with speeding tickets, traffic violations, etc. that also illustrate your poor judgment. Therefore, the judge is able to rule in the officer's favor on grounds of reasonable doubt. If it was me, I'd try to get full disclosure to be prepared what the officer's defence is. It will be hard to get an adjournment for the lengthy delay becuase the courts are too backed up right now for judge's to grant adjournments to every offender - too many politics involved.

Like I said before, I hope you win and that my counter-arguemnts are wrong .

 

I asked my cousin, a lawyer about this, he said exactly what Lucifer said. He said you can apologize for not leaving right away but tell him that you were just dropping off the girl, before you left. He also said "Good Luck, Hopefully he won't show up"

Actually they get paid overtime for showing up if it is longer than their regular shifts. If not they group all of that officers tickets on one day and that way he goes in as a regular pay day.

 

I dunno about provincial police departments but i'm 99.9% sure that mounties don't get crap all.

 

First off this is a Provincial Violation Ticket(Motor Vehicle Act), Not a Charter Issue. Payam is not charged criminally.

Second, Payam got pulled over for doing a U-turn. PO told Payam to go home. Payam did not follow PO's Advise. Payam got pulled over a second time, by the same officer. Payam mouths off officer, becomes very aggrivated; Payam starts demanding things out of the officer. Officer backs off, goes back to car to write ticket, which he has every right too. Payams buddies start yelling and screaming at officer while he writes the ticket. (Remember the officer is taking notes). Who looks like the bad guy now. F**k when in doubt be courteous and show respect. May get you out of some situations.

Payam you were in a known Street Racing Problem Oriented Spot, you were given a chance to leave. You didn't. PO got technical because you failed to leave. Another question you might want to ask your self is, Why were you in PK when you live in Port Moody?

 

All Canadians are protected by the Charter regardless of the level of government that charge them with an offense. Using the Charter in defense is perfectly valid, and countless cases ranging from speeding tickets to cocain traficking have been successfully defended based on the Charter. There would be no point in having a Charter of Rights if we weren't allowed to use it to protect us. He may not have been charged criminally, but nevertheless he was charged with an offense - he allegedly violated the law.

 

there, another fine example of a Cop assuming things that never actually happened

1) i DID go home after i was advised, i had to drop off the girl to her ride
2) i NEVER mouthed off the cop.. merely told him that doing a U turn is NOT illegal.. and the second time, i asked for his name and badge # POLITELY and was refused... after he refused to communicated, i politely asked for his supervisor, no response.. it was like talking to a brick wall.
3) noone was yelling at him, they were just trying to talk some sense into him and explain why i had to come back to tim hortons to drop off the girl before i get on the highway
4) i was in PK because we were going to a friends house, i was following my friends, the leader got lost and missed buddy's house and had to pull into a side street to LEGALLY pull a U turn.

 

Ok my quote on the Charter did not come out the way I meant it to come out......yes all the bull about protection is included, what I meant to say was that it is hard to make a charter case out of a Provincial Ticket when none of his Charter rights have been violated.......anyways.........

No you did't go home, because if you went home you wouldn't have been pulled over the second time. :P

Anyways....I wasn't there, and I don't know the "REAL" circumstances.

Payam just hope the PO doesn't show up to court.

 

I personally believe his rights have been violated, but that is up to Payam to decide whether he feels he has been sufficiently prejudiced to pursue this defense. As I mentioned in my first response, his right to a prompt trial (Under Section 11(b)Canadian Charter of Rights and Freedoms) was violated due to the 18 month delay between the ticket being written and trial. And there is plenty of case law in BC where this defense has been successful, especially for defending against speeding tickets.

Payam, I read that you can indeed request an adjournment in order to file the paperwork if you haven't already done so. This is what I would do if I were in your shoes.... and that would give you time to file for disclosure as well.

Good luck man, you gotta be on the road this summer and I am sure you can strike at least this ticket down

 

This has been going on for a year and a half?????**** I missed that part. Well then.................18months=No show................unless he is supercop.......

Good Luck.........

 

yeah definetly a no-show but Lucifer, there is no state in Canada

 

so craig: u say i can get it adjourned on the grounds that i havent done the paperwork for the lengthy delay yet !? the court date is on the 11th .. i'll goto the court on friday morning and see if i can .. but thats only 4 days before the date doubt they'd go for it ... but i'll tell them i have an exam and i need more time to do the proper paper work

craig: can u send me a link to that form u spoke of ?

thanx everyone for ur inputs i got 3 more tickets comin up in april i'll be postin about those too shortly

 

Here is one, but its for someone in Ontario. You should be able to modify it for BC... however I would check with the courthouse or possibly even a lawyer.

http://www.magma.ca/~fyst/question.htm

 

Here is a better one tailored for a BC resident:

http://www.sense.bc.ca/noticecq.htm

 

Either way the odds are against you payam joun... I was out for 18 months so just suck it up you pusssy!

 

Sorry Mr. Semantics, I meant Crown