Ticket for Backing up.

[djayz]

I know no body wants to read this but please do. Ive read the sticky about the ticket and how to get out. ...however i feel this is a different case/scenerio.

Anyways i work downtown driving around in the early mornings between 1am-4am and i follow the same routine everyday and cops are generally leineant as to what we newspaper drivers do cuz we have to make so many frequent stops all over the place.

Anyways between 6th and 7th avenue there is an alleyway between the provincial courts building and the police headcourters across from city hall. I have to deliver a paper inside that alleyway and then one after to bow valley college which is parallel to my first delivery stop except on 6th avenue. So anyways i exit the alley and proceed to backup slowly with hazzards on in the far right lane doing no more than 10km/h with no traffic in sight other than another driver do his drop at the bow valley. I backup roughly 1/3 of a block and stop by bow valley and this huge cop van comes outta the alley straight towards me and stops blocking two lanes of traffic. Does the routine license/registration/insurance and gives me a ticket for backing up unsafely. So i ask him how it was unsafe and clearly stated that it was 2am which is dead time for traffic. He says you know i can have your car impounded because i accidently gave him my old issurance which was obviously expired(was given ticket but was thrown out cuz i had proper insurance after) so he avoids my questions hands me the ticket and walks away.

Now the other driver saw the whole thing and i talked to him after further down 6th avenue and hes like was that you? and i was like yah and hes like what for i said cuz i backed up...and hes like i just backed up right before you and i said i know i do it everynight. Ive done it with police driving by with no problems...they know im delivering papers and its acceptable as long as we arent abusing it like driving like maniacs. Anyways i know its definately worth fighting this ticket and i will...but i would like to know how to find out if i got any demerits or if my GDL licensing period is extended i originally was supposed to go for my second test on the 9th of Jan but i didnt go so now will my 2 year period be extended?

Sorry for the long read just hard to explain these stories in short.
Thanks for advice and/or answers in advance.

[AllGoNoShow]

Thats wierd, bad morning maybe?

The thing I see it though is yah your a delivery driver but there had to have been something else that set him off about it. We see it everyday here people doing the same thign you did so somethign else must have triggered him to give you a ticket today. It's still illegal though. Hazards on or not if your backing up in lanes your not supposed to backing up in then its illegal.

I'd still give it a shot and try and fight it with the courts afterall you do do it everyday and provide a service that needs to be done quickly before people start hunting down their papers in the morning.

[djayz]

yah it definately was illegal but so is every other ticket that is given such as speeding.

i really dont know what made the guy come down the wrong way and give me a ticket...i thought he was just going to come and say you know you shouldnt be doing that after he saw me delivering the paper then he asked for all my stuff so i knew there was going to be a ticket.

prolly doesnt help the fact that i was driving a civic either =( hah

[djayz]

ohh yah forgot to mention it took him like 25 minutes to write up the ticket

[Supa Dexta]

So you just backed out of an alley back onto the steet you came from? I'd fight that to hell and back... You could have seen a ton of glass you didn't want to drive over, there could have been bums asleep in the middle of the alley, anything... If you fight it with a half decent excuseliek that, along with you having your flashers on and everything...goodluck... seems this city is against people makign a living working downtown.. I've got my fair share of tickets from parking loading docks and whatnot, with the permission of the owners, then fuckface patrol comes along and says it isn't even a loading dock.. this that, the city has its boundries marked off..etc.. but they will never give any proof, they tel you to fight it and thats more than impossible..its one big fuckin scam they got going on down there..let tha crackheads sleep in the fuckin alley but I can't tuck my car into a corner for half an hour to do some work....

[Toma]

Well, FIRST thing to do right now is:
1) Go to court, plead NOT GUILTY
2) while at the courts, ask for "disclosure"
3) Look up the law in the traffic act or whatever (he would have a code on the ticket referencing the section he is chargin you with).

I would be interested to see #3.... what section is it?

Of course fight it....

[Moonracer]

Go see the JP first and tell him/her your story and chances are they will drop the demerits at least.

[Toma]

Originally posted by Moonracer
Go see the JP first and tell him/her your story and chances are they will drop the demerits at least.

NO!!! This has become a bad strategy and is backfiring!!

Guys that do this here and there are now having the prosecutors go back and look at their record, and say... well gee... you have been guilty of: and list the offenses...

See, when you plea for NO POINTS, you are pleading GUILTY with reduced charge.

FAWK THAT.

Do what I said, and then SEE if there is a chance of a win... there probably is, and seeing the JP takes at least an hour, going to court takes the same. Same result, EXCEPT you may get lucky and the cop may not show OR you may get lucky and get off 100%

Court is easy. Cops get nervous if you are confident, and you just have to be prepared.

[Mar]

So what you're saying is...

1) you do something illegal every morning that you shouldn't be doing
2) you've been able to somehow avoid getting a ticket for it until now
3) you finally got a ticket for something you did wrong

I don't see where the problem is. The fact that you never got nailed for it before is irrelevant. The fact that everyone else does it is irrelevant. You did something illegal and got a ticket. Pay it.

[Mar]

Originally posted by Toma
Well, FIRST thing to do right now is:
1) Go to court, plead NOT GUILTY
2) while at the courts, ask for "disclosure"
3) Look up the law in the traffic act or whatever (he would have a code on the ticket referencing the section he is chargin you with).

I would be interested to see #3.... what section is it?

Of course fight it....

How do you plead not guilty for something you're guilty for?

judge - What do you plead?
you - not guilty
judge - Did you do it?
you - yes
judge - so you're guilty?
you - no

I don't get it. :dunno:

[Toma]

Originally posted by Mar


How do you plead not guilty for something you're guilty for?

judge - What do you plead?
you - not guilty
judge - Did you do it?
you - yes
judge - so you're guilty?
you - no

I don't get it. :dunno:
You are making a big assumption.... that indeed what he did is illegal....

Ticket was for "backing up unsafely".... I just wanna see the actual "law" he was charged under, and what the act itself deems as unsafe....

NOT your opinion or the cops opinion of it.

[Moonracer]

^^It is illeagal! I'd damn near bet my life on it. You can't drive forward the wrong way so what makes you think you can drive backwards the wrong way. If he does take it to court the judge will have his driving history in front of him/her so it makes no difference going to court or to the JP. If he has a bad driving history and the JP won't ditch this ticket for him then he is getting what he deserves. The JP is like a ticket filter, they stop most of the silly cases from making it to court and tying up the system even worse than it already is.

IMO his best case would be to talk to the JP and plead his case on how it was early morning with no traffic around at all yadda yadda....silly ticket! My 2 cents anyway. :)

[Toma]

Why "almost guarantee" anything... find out 100%. There is at LEAST some distance you can drive backwards.... that IS guaranteed. And his ticket was not for driving the wrong way, for driving backwards, for illegally driving backwards the wrong way etc... it was apparantly for "backing up unsafely". So before we argue the sillyness of it all, lets find out.

You miss the point, if he goes and pleads GUILTY now, he may fuck himself later.

The JP is NOT a ticket filter... I have NEVER heard of them tossing a ticket unless it was written incorrectly. He is there to GET YOU TO PLEAD GUILTY. That's IT! You have a better chance in court.

And WHO GIVES A FUCK if you are guilty. If you can get off, bonus. We have to many rules that lack common sense, and fines that are outragous.

[djayz]

well let me clear a few things up. I have a clean driving record not a single ticket that goes for parking tickets or speeding tickets.

the section i was charged under was #32 unsafe backing up.

and anything you get a ticket for is illegal technically yet they still sometimes get thrown out.

I dont mind having to pay this ticket i just find it redicoulous that this cop would not give me an explanation as to why it was unsafe and also how they didnt just pass me off a warning seeing as how i was doing my job. The newspaper drivers in the city know cops are everywhere therefore we are cautious and the cops know that we are cautious and delivering newspapers so they arent as strict as to what we do.

if i were to follow every single rule on the road while delivering papers i think it would take me double the time and be a hellava lot harder.

[djayz]

Heres a pic that explains it....

the red lines are my driving route.

[Mar]

Originally posted by Toma
And WHO GIVES A FUCK if you are guilty. If you can get off, bonus. We have to many rules that lack common sense, and fines that are outragous.

There's something wrong with you if you seriously believe that. So if you can rape someone and get away with it you should do it? And you can't say this is okay because it's just a stupid law, you're not a lawyer. Neither of us are in a place to say which laws should or shouldn't be.

* - I was about to edit this just to stop a war but it really upsets me when someone thinks they should be allowed to do something illegal just because it seems okay to them.

[Toma]

Originally posted by Mar


There's something wrong with you if you seriously believe that. So if you can rape someone and get away with it you should do it? And you can't say this is okay because it's just a stupid law, you're not a lawyer. Neither of us are in a place to say which laws should or shouldn't be.

* - I was about to edit this just to stop a war but it really upsets me when someone thinks they should be allowed to do something illegal just because it seems okay to them.
Dont be a fucking goof you slobering retard.

We are talking about bakcing up on a desserted road, not a rape or any other criminal offense.

[Toma]

Originally posted by djayz
well let me clear a few things up. I have a clean driving record not a single ticket that goes for parking tickets or speeding tickets.

the section i was charged under was #32 unsafe backing up.


You will not have to pay this ticket.... Looked it up for you, in the Traffic Safety Act.

USE OF HIGHWAY AND RULES OF THE ROAD REGULATION


32 A person driving a vehicle shall not back up the vehicle unless the movement can be made in safety and the movement will not interfere with other traffic on the highway.

So the cop is a slithering idiot. Easy win for you in court, given there was no traffic.

Trust me on this, I doubt the cop will even show for this one....they hate to look stupid and appear like they are wasting court time.

But DO make sure to get disclosure as I said, so that you can read the cops notes and see what he felt was unsafe about it....guaranteed if you quesioned him, he made something up and jotted it down on his copy. See what it says, if it's a lie (yes, cops can lie), you will need your buddy as a witness....

[Tyler883]

Originally posted by Mar


There's something wrong with you if you seriously believe that.

read his posts on Micheal Moore and Paul Martin, there is definitely something wrong with him.

Why don't you put him on Ignore, like I have. Or at least stop quoting him so I don't have to read his crap.

[eljefe]

Originally posted by Tyler883


read his posts on Micheal Moore and Paul Martin, there is definitely something wrong with him.

Why don't you put him on Ignore, like I have. Or at least stop quoting him so I don't have to read his crap.

Dude this thread is about someone's ticket not your fixation with Toma, let it go...........:hijack:

[Toma]

Originally posted by eljefe


Dude this thread is about someone's ticket not your fixation with Toma, let it go...........:hijack:
Man...feels so weird to have my own fan club.... too bad so far they are all prepubescent boys!! lol

Hey, I have some traffic court experience, so I like to share. Those that think a traffic act is the same as a crime... well there just isn't anything to say to that lol :nut:

[7thgenvic]

Originally posted by Toma

Man...feels so weird to have my own fan club.... too bad so far they are all prepubescent boys!! lol

Hey, I have some traffic court experience, so I like to share. Those that think a traffic act is the same as a crime... well there just isn't anything to say to that lol :nut:

you should have your own sticky thread just like askleo! hah

[max_boost]

Officer needs to exercise some discretion here. Failing to back up in a safe manner when it's 2am with no cars in sight? WTF?!!?

Definitely need to fight this one man :D

[Tyler883]

Originally posted by max_boost
Officer needs to exercise some discretion here. Failing to back up in a safe manner when it's 2am with no cars in sight? WTF?!!?

Definitely need to fight this one man :D

:thumbsup:

[James]

djayz, I completely agree with your situation...im a Delivery Driver as well and considering it was 2am, thats complete BS. Before you haters start complaining, im not trying to say that because hes a Delivery Driver he dosnt have to comply with the rules of the road, but Cops should show some lienancy in that kind of situation. Try what Toma Said...it should work no problem. I use to Do snow Removal Downtown and it was always at night, we had to park/drive the plow trucks in some pretty illegal (yet safe) ways, cops never seemed to care.

[djayz]

yah...just tried to work my way around not having to backup on that one part to see if its even possible to make it a daily routine...it doesnt seem to work unless i go in a circle like 3 times...
in the end today i ended up backing up the same was i always do this time at 1:30ish and there was not a single car in sight again.

im gonna fight it thats for sure i just dont like how the cop decided to waste my time that night(i ended up being late on the last part of my run) and the fact that i have to waste more time in court later on.

Anyways anybody know how to find out if my second GDL test is delayed now because of this ticket?

[95EagleAWD]

Originally posted by djayz
yah...just tried to work my way around not having to backup on that one part to see if its even possible to make it a daily routine...it doesnt seem to work unless i go in a circle like 3 times...
in the end today i ended up backing up the same was i always do this time at 1:30ish and there was not a single car in sight again.

im gonna fight it thats for sure i just dont like how the cop decided to waste my time that night(i ended up being late on the last part of my run) and the fact that i have to waste more time in court later on.

Anyways anybody know how to find out if my second GDL test is delayed now because of this ticket?

Cop wasted your time? Tough shit, really. I sure wouldn't go in with that defense...

You don't have to waste your time (and the cop's) in court later on. You could just pay the ticket. Consider it. If you have to take a day off, miss work, the ticket may be less to pay then what you would lose by not working.

[djayz]

haha im not going in saying the cop wasted my time as my defense

as for most jobs tho time is critical specially when you have deadlines to meet.
Sure you may only think its a newspaper but theres a lot of things that happen and important people that need them at certain times and its my duty to deliver them.

I said it was a waste of time cuz im on a tight schedule as it is and he wasted my time cuz the ticket was unecessary as was the attitude. Once again thats not my defense just something im stating

[FiveFreshFish]

It shouldn't take 25 minutes to write up a ticket. Yeah, he wasted at least 10 minutes of your time.

[Goblin]

clap clap wop de do you got a ticket.

move on

[dansmith11]

i love how everyone on beyond constantly tells everyone to just shut up and pay the ticket.

just because a cop thinks you did something wrong, doesn't make you guilty. thats what the system is there for, and based on the offence he was written up for, and what that section actually says. he isn't guilty. you dont have to be a lawyer to see that he did nothing unsafe, and therefore didnt break the "law" that he was written up for.

it doesn't really matter if he broke some other law or not, he is NOT GUILTY of what he was charged for. anyone who can read and has any common sense at all can see that.

if you wanna bitch, bitch at someone who's going 50-60 over, gets a ticket for 40 over becuase the officer cuts him a break, and then they still take it to court and try and get out of it. THAT is a waste of resources. but this situation seems to be exactly what the traffic court system is in place for.

[djayz]

so i sent the ticket in a couple weeks ago therefore pleading not guilty to the charge and i got a court date in the mail 2 days ago
then the next day i recieved another mail from the province and it said cop vs. me and said he was throwing the ticket out hah
thank god i dont have to go waste more of my time.

[nadroj23]

^^ gj buddy glad everything worked out for ya.