Yellow Ticket in the Mail? o_o

[Neonn]

So I got a yellow violation ticket in the mail for tint. By yellow, I mean the ones written and handed to you lol. The offence was window tint, thats not the big concern. The fact that I received the hand written ticket is. To clarify, I was not pulled over anytime regarding this.

There is a checkbox on the ticket stating "Offence Notice - I believe on reasonable and probable grounds and certify that the person named above committed the offense has indicated and certify that I served an Offence Notice personally upon the person charged on the offense date."

Funny thing is that the officer checked this box this took it upon himself to strike a line through the part "...personally upon the person charged on the offense date."

He also attached a letter, written personally by him telling me the time and location of where we saw me. (The letter was written in comic sans... :banghead: ). He sent the letter out 2 days later, according to the postage stamp, which would be a strike against the checkbox for him as well as the officer not personally giving the ticket to me.

Has anyone ever heard of anything like this?

[Sugarphreak]

...

[ExtraSlow]

Comic sans is a great font.

[BavarianBeast]

What a fucking loser.

I got pulled over at a speed trap for window tint in my M3. Fine, yes I have tint, give me the $57 ticket and let me go.

Nope, the guy spent literally 30 minutes going around my car trying to find things to write tickets to me for. Ended up leaving with tint and having a modified muffler.

God damn pigs will jump at motorist for having a modified vehicle, yet whenever I call in anything I feel is serious they either take 30 minutes to show up, or don't at all.

[roll_over]

Was the location on private property?

[EM2FTL]

Comic sans.. wow. Guy should be run out of the force for that shit.

[Neonn]

It was actually at a mall parking lot, if I'm going by the time he in indicated.

Here is the letter and ticket.

http://i44.photobucket.com/albums/f40/nigleet1/Ticket_zpsb4e50213.jpg

http://i44.photobucket.com/albums/f40/nigleet1/Letter_zps5433e9e4.jpg

[flipstah]

I thought you had to get pulled over for a yellow ticket. Otherwise, what's stopping cops from doing stupid shit like this?

[Neonn]

Originally posted by flipstah
I thought you had to get pulled over for a yellow ticket. Otherwise, what's stopping cops from doing stupid shit like this?

As did I, but according to this guy, he can just disregard that and cross out the part that says he personally handed me the ticket. I should start doing that with everything. I should put a line through the $57 and initial like he did.

[mr2mike]

Comic Sans... Such a joker.

Mall parking lot. Private property.

Also, I thought you had to be moving before the ticket can be served?
This is why if you're seen at a stop light with tint, they wait till you start moving before you get the lights.

[Disoblige]

What a fucking loser lol.
I wonder how many more he has done this to. Probably make a killing on just tint tickets alone :rofl:

[-relk-]

You should just cross your name off and write back saying "wasn't me" :dunno:

/s

In all seriousness I would take it up with someone who knows the law, him crossing out writing on a ticket throws a big red flag for me.

[mikestypes]

A guy in the Camaro club got a ticket in the mail a couple days ago for a distracted driving offense. He never got pulled over either.

I suspect this is some new tactic CPS is going to use as they struggle to keep up with growth.

[Neonn]

Got a lawyer looking into it for me. I will keep everyone updated. I don't think it will stand. :guns:

[88CRX]

I'll be honest I didn't believe your original post until I saw the pictures..... just brutal :rofl: :rofl: :banghead: :banghead:

[phil98z24]

The ticket will stand. Your lawyer will tell you the same thing. How else would photo radar and other similar tickets be issued if this couldn't be done? Those tickets are offence notices as well, they just aren't on yellow paper. The officer "took it upon himself" to do what he did because it's a legal document and that's the legal requirement. There are no "strikes" against him. :rolleyes:

The Provincial Offences and Procedures Act allows alternative methods of service (like mailing tickets, as they do with photo radar, green light/red light camera tickets), and the officer doing so swears to an affidavit of method of service on the back of the original ticket which you don't get a copy of. He is striking out the part about personally serving it upon you because he didn't personally serve it to you, or serve it to you on the date of the offence... if he didn't cross that out, he would be lying about method of service.

It also doesn't matter if it was in a mall parking lot. It's a publicly accessible parking lot used by the public at large, so it's considered a road. Just like you can't drive in a parking lot without insurance, wearing your seatbelt, or anything else, you can't have tinted front windows on a roadway in Alberta. Whether you are moving or not. :facepalm:

Tell your lawyer to stand down and don't waste your money on finding out whether the ticket was legally issued, because it was.

[slinkie]

Originally posted by Neonn

I should put a line through the $57 and initial like he did.

Lol'd hard. And yea Comic Sans really? wow. Keep this thread updated

[gretz]

Originally posted by phil98z24
.

Hey Phil, it's been a while.... just wanted to say, your avatar makes reading all of your posts that much more enjoyable...

Should there not be a separate ticket for handing tickets like this out? Photo radar has their specific "template", standard yellow tickets during traffic stops for non court appearance infractions, pink tickets for being a shithead... Should there not be a specific one for instances like this?

Having text on the print of the ticket "crossed out" would have me scratching my head / raising the question on the validity as well...

[Feruk]

Why'd you black out the cop's name?

[FraserB]

Originally posted by BavarianBeast
God damn pigs will jump at motorist for having a modified vehicle,

Depends on the cop. I've never gotten one bit of heat with very obviously modified vehicles.



Originally posted by mr2mike
Mall parking lot. Private property.

And 100% incorrect

[phil98z24]

I hope you are reading my posts in the appropriate voice, hana.

I agree it looks funny, and I'm sure it's done this way because the province simply doesn't want another legal form for something that is fairly slight modification of the original document. I think the only reason we have a template for the other tickets is because they are computer generated en masse and the information is carefully controlled by a specific unit, and it's simply more efficient to do it that way.

That's my personal take on it, and I could be wrong. I don't see any reason to change the way it's done as it isn't a common method of service, and although it may look odd, it doesn't change the validity. It would probably be a large expenditure and lots of government dilly dallying for little gain.


Originally posted by gretz


Hey Phil, it's been a while.... just wanted to say, your avatar makes reading all of your posts that much more enjoyable...

Should there not be a separate ticket for handing tickets like this out? Photo radar has their specific "template", standard yellow tickets during traffic stops for non court appearance infractions, pink tickets for being a shithead... Should there not be a specific one for instances like this?

Having text on the print of the ticket "crossed out" would have me scratching my head / raising the question on the validity as well...

[JRSC00LUDE]

Originally posted by phil98z24
Tell your lawyer to stand down and don't waste your money on finding out whether the ticket was legally issued, because it was.

Well to be fair, his "Lawyer" is likely a buddy haha. At least I hope so. Hell, I know I wouldn't spend the $250.00 to ask mine a question over a ticket worth less! :rofl:

I can see the curiosity over questioning the legitimacy though as it is out of the norm and somewhat unprofessional looking. I wasn't sure either, thanks for clearing it up!



All that being said, fight every traffic ticket! :)

(I think clogging the court resources is the the only way to affect changes in Law and get rid of some of the dumber ones that are required to be enforced or that are purely revenue generation!)

[mazdavirgin]

So what's stopping CPS from just walking through mall parking lots and writing all sorts of equipment violations and mailing them out? :nut: This shit is worse than photo radar. Cops should show up to the beyond meets take pictures, go back to their office, and mail out tickets for tint/mufflers :rofl:

This is clearly just another form of taxation frankly.

[FraserB]

It's not taxation. The laws are clearly spelled out and made clear to everyone, so are the penalties for breaking those laws. Don't want tickets? Don't mod outside of the law, works for the vast majority of people.

Even the tint shop will tell you that the front driver and passenger windows are illegal. IIRC, I had to sign a release when I had Shadow Tint do mine.

As a disclaimer, I do have both of my vehicles tinted and one is modded to the point where people have thought it wasn't road legal. It boils down to "pay to play".

[quick_scar]

Originally posted by mazdavirgin
So what's stopping CPS from just walking through mall parking lots and writing all sorts of equipment violations and mailing them out? :nut: This shit is worse than photo radar. Cops should show up to the beyond meets take pictures, go back to their office, and mail out tickets for tint/mufflers :rofl:

This is clearly just another form of taxation frankly.

You assuming the officer got off his ass. In reality what they will do is just sit in their cars and write these tickets. No need for exercise. Standing/walking is for chumps who pull people over.

[dirtsniffer]

Originally posted by JRSC00LUDE

All that being said, fight every traffic ticket! :)

(I think clogging the court resources is the the only way to affect changes in Law and get rid of some of the dumber ones that are required to be enforced or that are purely revenue generation!)

GoA has already began disabling our right to fight tickets. Basically it is their goal to basically have to pay, our highest course of action will be to talk to a JOP.

[LSChevelle]

Originally posted by mazdavirgin
This is clearly just another form of taxation frankly.

100% agree. I really hate to bring the whole quota thing up but.. why else would a police officer take the time to mail out a useless ticket like this.. at the end of the month no less.

I am interested to hear how this turns out. I'll bet the CPS would be changing their tune if this went to the media.

[lasimmon]

Breaks the law, calls the penalty taxation.

Seems legit.

[Sugarphreak]

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[flipstah]

Originally posted by mazdavirgin
So what's stopping CPS from just walking through mall parking lots and writing all sorts of equipment violations and mailing them out? :nut: This shit is worse than photo radar. Cops should show up to the beyond meets take pictures, go back to their office, and mail out tickets for tint/mufflers :rofl:

This is clearly just another form of taxation frankly.

+1.

[FraserB]

If you really want to fight this, go argue that the charge is not correct.

It's really splitting hairs, but the charge for 72(3) is operating a motor vehicle on a highway with noncompliant glazing. You'd have to argue that while you are the RO and it can be assumed you do operate the vehicle in the state observed, you are in fact not operating your car at the time it is parked at the mall.

[roll_over]

So say I park on my drive way and have tinted windows I'll could get a ticket too?

[LSChevelle]

Originally posted by FraserB


Hasn't the whole quota thing been debunked a few times?

I'm sure the CPS wouldn't care if it went to the media. It would be a story about someone operating a motor vehicle in contravention of the law, the police officer seeing this behavior and ticketing in accordance with the law. If the news could even be bothered running the story.

Probably, it's one of those things where anyone who would take the time/has the resources to debunk it probably has ulterior motives though.

Depends how the story is worded. With the recent turmoil over unmarked cruisers pulling people over I wouldn't be surprised if this raised a few eye brows. Also doesn't look good for the officer, it's one thing for a computerized system to send you a ticket. But, I think it's a slippery slope when human officers start doing it, especially when the ticket is designed to be presented in person. Crossing out a section seems extremely unprofessional to me.

[finboy]

Originally posted by Sugarphreak
then again, if you can issue moving violations to parked unattended cars, where is the line?

This is the part that bugs me too, I get that "it's against the law!" But this is a car modding forum, and there are plenty of dumb laws on the books (ex. Widened exhaust tip and noise snare) and many still mod their cars understanding the risk while driving of getting a bs ticket. It's bad enough having to deal with the possibility while driving, but also potentially while in a parking lot? If you can ticket a parked car, does that mean we would all have to start parking our cars on driveways/garages to avoid tickets?

What is really troubling about this ticket, is the reason tint tickets are given out. Correct me if I am wrong, they are for driver identification reasons. If the driver isn't even driving or present, how is this causing any problems aside from "the law says so"

While the topic of ticket revenue and quotas is up, Phil can you answer for us if there is or is not expectation for police to hand out infractions, officially or per review cycle.

[quick_scar]

Originally posted by FraserB


Hasn't the whole quota thing been debunked a few times?

I'm sure the CPS wouldn't care if it went to the media. It would be a story about someone operating a motor vehicle in contravention of the law, the police officer seeing this behavior and ticketing in accordance with the law. If the news could even be bothered running the story.


How is it any different then the front page Sun story today??? Main argument is that tickets that are mailed disconnect the crime from the punishment and do nothing to correct things. That tickets that are mailed out are nothing more then cash grab and used to boost the CPS budget (as it has already been proven ticket revenue directly effects their own budget (conflict of interest)).

[phil98z24]

Originally posted by Sugarphreak


This part of your post got me wondering; could he have been written a ticket for not wearing a seatbelt as well?

I know that seems like a pretty silly question, but technically he wasn't... he was probably in the mall at the time.

then again, if you can issue moving violations to parked unattended cars, where is the line?

You can't issue a moving violation to a parked car. Moving violations are offences where the vehicle is in motion. Tint isn't one of those...

Why would he get a ticket for not wearing a seatbelt if he wasn't seen or believed to be driving without a seatbelt on? We can only ticket for things we see, or have RPG to believe happened.

I don't really understand your question, sorry. Maybe I'm too tired to get it, haha.

[Disoblige]

Next year you'll see this undercover cop at Grey Eagle writing down license plates of every illegally modified car there :rofl:

[mr2mike]

I guess I always thought mall parking lots were private property of say, Cadillac Fairview and Ivanhoe Cambridge (Market Mall). Doesn't mean that they couldn't have agreed to have the CPS and Parking authority monitor it on their behalf.

So really, a cop could show up at given car show in designated parking lot, start writing tickets to almost every single vehicle there.

[LSChevelle]

Originally posted by lasimmon
Breaks the law, calls the penalty taxation.

Seems legit.

I'm assuming you were being sarcastic. If that's the case, seems like a pretty direct conflict of interest when the only penalty for breaking the law (in this case) is paying a fine.

For the record, none of my vehicles have tint and I hate it when I can't see other drivers due to their tint. I just think the delivery method in this situation is lazy.

[finboy]

Originally posted by phil98z24


You can't issue a moving violation to a parked car. Moving violations are offences where the vehicle is in motion. Tint isn't one of those...

Why would he get a ticket for not wearing a seatbelt if he wasn't seen or believed to be driving without a seatbelt on? We can only ticket for things we see, or have RPG to believe happened.

I don't really understand your question, sorry. Maybe I'm too tired to get it, haha.

Phil, he likely could have been issued tickets for other mods though, as they aren't moving violations, correct? If that is the case, what would be stopping this officer from walking through a neighbourhood or showing up at a car show in a publicly accessible parking lot and ticketing cars when the owners aren't present? Not saying many officers would do that, but tickets like this won't exactly win anyone over as far as pr goes for CPS.

[phil98z24]

Lol, here we go.

I'll address the quote/expectation question in PM, and sugarphreak I'll try to figure out what you're asking!

I'll sit the rest of this one out. :drama:

[finboy]

Fair enough, I know you aren't an official voice for all of cps on this issue. :rofl:

To the op, considering you weren't driving like a douche, this us a strange, and very unfortunate ticket. Unfortunately it sounds like the law doesn't support you, so maybe touch base with your local government representative, or the officers boss with a link to the thread. While the laws are out in place for "safety" which is a whole different discussion, the administration of them by individual officers can be problematic. No one likes bad press, so kudos for posting it here, I wasn't aware that there were busy-body officers going through parking lots looking for revenue sources :dunno:

[BavarianBeast]

Originally posted by Neonn
Got a lawyer looking into it for me. I will keep everyone updated. I don't think it will stand. :guns:

You got a lawyer to look into a $57 ticket?

That's smart.

[Sugarphreak]

...

[tha_bandit]

that letter is gold! haha, wonder if you did something on the road and he looked around the parking lot for the vehicle...

[ercchry]

Originally posted by tha_bandit
that letter is gold! haha, wonder if you did something on the road and he looked around the parking lot for the vehicle...

or cop was off duty and in his personal car and the OP door dinged him or parked like a twat

[schocker]

Originally posted by flipstah
I thought you had to get pulled over for a yellow ticket. Otherwise, what's stopping cops from doing stupid shit like this?
I got a yellow ticket in the mail one time for speeding, it was too funny :rofl:

[Neonn]

Originally posted by BavarianBeast


You got a lawyer to look into a $57 ticket?

That's smart.

Very if I'm not being charged for it. Worst case I just pay. It's more the concern of how it was delivered.

[Black Gts]

Aren't these usually issued if someone complains your driving like an asshat, gets your plate, and acts as a witness? Maybe you pissed someone off, cop came and didn't want it to be for nothing?

[16hypen3sp]

Originally posted by Black Gts
Aren't these usually issued if someone complains your driving like an asshat, gets your plate, and acts as a witness? Maybe you pissed someone off, cop came and didn't want it to be for nothing?

Or better yet, maybe he cut off an off duty cop and he seeked retribution.