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Toma
03-16-2004, 04:30 PM
A while back, I told you guys about a bogus ticket I got... orignal thread : http://forums.beyond.ca/showthread.php?s=&threadid=27908

For those that don't know.... got a bogus "clocked" speeding ticket a few months ago at 1:00 am going up centre street hill after a movie. I passed him on 4th ave where he was parked at the side with his cherries on, I turned north on Centre, worried about my non functioning brake lights. I drive cautiosuly up the hill at 50km/hr, wathcing for him the whole time in the rear view. When I was about at the second lion, I noticed a set of lights speeding to catch me, he pulled me over.... FOR SPEEDING. Didn't even mention the brake lights.... anyway, he "clocked me" at 75. Total BS. My GF was really mad cause she has never seen someone get a completely bogus ticket before.....

Anyway, I go down to talk to the first appearance prosecuter. He offers the standard no demerits. I counter with 10 over and no demerits....he refuses.

I apply for full disclosure, and get a copy of the cops notes. He has another cop apparantly following him that can vouch for the leading officers speed..... I never saw another car, but he may have been there somewhere.

Anyway, judging by how nervous the cop was when I was asking questions at the scene, I figure fight it anyway BUT I had a recent accident that will msot likely turno out to be my fault. Cannot afford a ticket AND an accident.

I get to court, and I repeat my offer to the prosecutor... "I wasn't speeding, but am willing to plead 10 over no points". He tells me he can't ethically enter a guilty plea if I am not guilty lol.

Now, I have never seen this before, but he pulls BOTH cops out of the courtroom to talk to them outside. They take a full 3 minutes, and then only the prosecutor returns and accepts my plea, saying "both officers were willing to testify, so I can accept your guilty plea as there is some evidence you were speeding".

So that was that. I am really bothered inside that I was not speeding and "had" to plea as I could not risk the ticket, and I would LOVE to know what was said outside and why it took so long. I suspect I could have won, pisses me off I "chickened" out.

Stuff I learned though.... first appearance is a joke. Takes longer then court since they "upped the fines" and the deals are lousy anyway....the standard no points thing. Court is faster (15-30 minutes to bargain tops, max 1.5 hour for trial).

What really pisses me off.... Even a reduce plea is a win for the cops. I was at the back of the line at the beggining, and watched as the crown talked to a guy, who then left the courtroom. The cop next to me gestured a clenched fist "YES!" motion to his cop buddies when he saw this. This is probably what wrecked tha day for me. I almost decided at the moment to just go to trial.

My lawyer (who is a traffic court judge as well), informed me clocking is very inaccurate, and your chances of fighting them or having them VERY reduced is excellent. Too bad he didn't end up "my" judge, though he would have probably excused himself.

Also, if you have a passenger, they DO count as a witness, but they must be present (no written letters or such).

20incheyes
03-16-2004, 05:17 PM
cheers and oog luck with the accident procedures

crazydriver
03-17-2004, 01:24 AM
good job man, best of luck wit ur accident

00redLUDE
03-17-2004, 02:21 AM
Thanks for the follow up, very informative. Sucks that you had to pay anything even though you did nothing wrong. :thumbsdow Glad you took it all the way. :thumbsup: