traffic ticket

[stephimar]

we were visited by a police officer at our home who said he had received a complaint about my son's driving and he wanted to talk to my son about it....
a few hours later the officer returned to our home and issued a ticket to our son.
we are wondering if this is worth fighting? can a police officer issue a ticket based on a complaint and (apparently) witnesses?
the police officer did not see the "offence" himself...
should we pay the ticket, or do we have any recourse? does anyone know?
thanks in advance.

[TaiChino]

Sorry I can't be of any real help first off, since I don't know the official laws in this case, but that seems like bullshit, one way or the other. So technically, if I had beef with someone for something totally unrelated to traffic, I could call in his plate to get him a ticket because I don't like him? That seems fishy. I would fight it personally.

[gretz]

No - its he say she say - unless there is video proof or multiple complaints of the same nature from different people.

if you want to appeal this before the court date, cll the calgary justice of the peace and ask to talk to the crown - see if you can make an early resolution.

[gretz]

no = dont pay it

[littledan]

i would fight it for sure and take it to court. at least that way you can see who the witness is.

[gretz]

Witnesses dont go to court, and even if they did, its still one word over another unless theres proof. The officer will present what information he has to issue the ticket - still not concrete. Call the calgary justice and explain the situation.

You can also contact the officer for a follow up and find what grounds he issued the ticked on - they have to make themselves available so leave a message, he'll ge back

[GTS Jeff]

Fight that shiet.

[rc2002]

I've had this happen to me a couple times. Both times I was issued tickets, but not for speeding.

The first time I didn't have my most recent insurance pink slip with me (the cop stopped me outside my house and wouldn't let me walk into my house to get my most recent pink slip). The second time (in BC) the cop was nice and wrote me a ticket for the smallest infraction possible that carried no points just so they could tell the complainer that a ticket was issued.

If I was ever issued a speeding ticket, I would've definitely gone to court to fight it. With a relatively clean driving record and demonstration of a responsible lifestyle - the court will probably side on your behalf.


All that said, it was most likely a person of high regard in the police's eyes (i.e. off duty cop, etc.), or there were multiple witnesses.

I say go to court. The worst outcome is that you have to pay the ticket. Good luck!


*edit*
Just a bit more information - I fought the first ticket and the fine was reduced by half. I didn't fight the second ticket because the cop was so nice about it, and because it would've cost me more in gas to go to court than the ticket was worth.

[JRSC00LUDE]

AFAIK they can issue a ticket based on a complaint.

Was the complaint valid? I mean in reality, because I'm sure your son says "I didn't do it" but guess what? He's likely lying or, at the very least, watering down the truth since he's a teenager (asumption that he's not 45 and living at home). Assuming the complaint has merit and he pulled some of the usual teenage douchebaggery that we've all done and got called on it then good. Have him pay the fine and take the car away for awhile and smarten him up.

Obviously the officer determined it to have merit if he heard the complaint, came and talked to you about it, left, then came back and issued a fine.

What's more important, demerits or teaching your kid to take responsibility for his actions?

[stephimar]

thanks to everyone for all your quick responses.

Yes, I want my son to take responsibility for his actions...
absolutely.

I just didn't know what the "laws" were regarding a copy issuing a ticket for something he didn't even see himself.

i have contacted Pointts.. and will see what response I get from them.

Thanks again!

[dannie]

As far as I understand, if the witness can make a positive ID and say, "Yes, that's the kid that was driving irresponsibly," then the police can ticket him. The key to this is that the witness has to be 100% sure beyond a doubt that it was your kid.

[Hakkola]

Is it an R.O ticket or does it actually have your son's name on it?

[stephimar]

it has my kid's name on it.
apparently the "witness" took down his licence plate number and that's how they found out it was him as the registered owner, and our address, etc...

[Ukyo8]

Your son probably did do something bad, tell him to smarten up, but the actual ticket itself is avoidable.

[LilDrunkenSmurf]

Usually they won't issue a ticket unless there are multiple complaints, but yea, they can do it.

Fight it.

[Tomaz]

I would say fight it, but i would make your kid pay for everything he needs to do to get himself out of it. I did some stupid stuff in my time, but after thinking i can get out of any jam with my parents help, that just got me into more trouble. Make sure he understands what irrational desisions do to his life in the future.

I would hate to see anyone follow my footsteps in my driving career. For your son's sake.