Distracted Driving Ticket... For Scratching

[LollerBrader]

Originally posted by richardchan2002


Also, go and fight every single ticket. If they're going to waste your time with BS tickets, you should waste their resources too.

Courts aren't "their" resources. These cops get to push the cost of their little escapes onto others.

Ultimately we end up paying for it: Both in increased cost, as well as overloaded courts.

[littledan]

anyone who is saying "fight it you will win" is basing this on logic.

I can assure you that in traffic court logic does not apply. I would plead a deal because if you go against him in court it will go like this...

You: "did you see the phone in my hand?"
Cop: "no"
You: "did you see a phone in my vehicle?"
Cop: "no"
You: "so how can you be sure i was talking on the phone?"
Cop: "i can't be sure"

Judge: "GUILTY!"

trust me... been there and this is pretty much exactly how it went down fighting a "widened exhaust" ticket

[lasimmon]

If you didn't react like an idiot when you saw the cop you would not have gotten a ticket.

[Toma]

Originally posted by lasimmon
If you didn't react like an idiot when you saw the cop you would not have gotten a ticket.

There it is!!! Lemming #1 lol

[Toma]

Originally posted by littledan
anyone who is saying "fight it you will win" is basing this on logic.


trust me... been there and this is pretty much exactly how it went down fighting a "widened exhaust" ticket

Weird, my GF beat two of these tickets.

[Seth1968]

Originally posted by lasimmon
If you didn't react like an idiot when you saw the cop you would not have gotten a ticket.

It could have been worse Spoons. You might have shot your hand down to reach for your gun.

[Goodfella]

This is why I love the fact that I have tinted windows It protects me from situations like this all for the cost of $57

[Stealth22]

Originally posted by Spoons
So just talked to Rogers.

Unfortunately they can not provide me with a record of my calls as I am not subscribed to detailed billing. If I applied for detailed billing, they still wouldn't have the record.

This seems like BS to me.

I think I'm hooped now.

"Not subscribed" my ass. They're just lazy.

At least with Telus, when I look at my e-bill, it shows a history of the calls made/received. Rogers should at least show you that much on your bill.

Don't delete that missed call from your log though. Take a screenshot or your phone in with you, and show that there was a MISSED call, but that your phone was at home. And your Rogers bill will only show calls that were CONNECTED. Detailed billing or not, your bill should prove that there were no calls in progress at the time you were pulled over.

I'm usually one of the first ones to side with the cops, but assuming that everything you say is true, this ticket is bullshit. As Cos said, fight it. You will win. I don't believe that a Rogers bill won't show a call log, but even if it won't, you can still fight it the old fashioned way. Trust me, you can win this one.

I'm guessing that you'll also need to wait for your bill to be generated by Rogers in order for you to get anything about that particular day. If the bill doesn't come by your court date, ask for an extension. That cell phone bill is evidence in your defence.

And I would only add two more questions to Toma's list below.

8) When you pulled me over, I stated that I did not have a phone with me, and offered you the chance to call my cell phone number. Did you do that?

Officer: "No sir, I did not."

9) I then maintained my position that I did not have a phone with me. I also volunteered to let you search me and search my vehicle for a cell phone. Did you search my pockets or my vehicle for a cell phone?

Whatever you do, just don't plead guilty. You don't want a reduction, you want this ticket dismissed.

Originally posted by Toma
You are gonna have to play this one the old fashioned way:

1) How far away were you when you saw me
2) How long would you guess was my hand by my ear
3) What kind of phone was it?
4) What style was it?
5) What colour was it.
6) are you sure you saw a phone in my hand?
7) when you pulled me over, did you see a phone in my car?


You gotta contact rogers now and get a detailed history.

You have to be a s presentable and professional and even tempered as possible. It's gonna be your word against his, but unless you do something stupid, you will be on fairly equal "credibility".

And DO NOT take a deal. Tell em, firmly but politely. "I did nothing wrong, I am not going to plead guilty to anything", and take your chances in front of the Judge.

[FullFledgedYYC]

Originally posted by richardchan2002


Just imagine if everybody took their tickets to court.

If the CPS was smarter, they would reduce traffic fines so that it wouldn't be worth people's time to fight it. I bet they would actually realize an increase in revenue if they did that.

In Phoenix they actually got rid of speed cameras because the amount of people going to fight their tickets cost the city more than they were generating.

I dream Calgarians will one day do the same... but I very highly doubt it.

[lasimmon]

Originally posted by Toma


There it is!!! Lemming #1 lol

Someone had to!! I forgot the sarcasm though haha

[FullFledgedYYC]

Originally posted by littledan
anyone who is saying "fight it you will win" is basing this on logic.

I can assure you that in traffic court logic does not apply. I would plead a deal because if you go against him in court it will go like this...

Have you ever been to traffic court? The judge is not on the cop's side you idiot. In my experience the judge sides more with you than the cop.... unless you are just a supreme idiot, which it sounds like you are since you tried to get out of an enlarged exhaust tip ticket. Either you have one or you don't... and if you actually DID NOT, which I have trouble believing, you are a complete moron if you could not prove that to a judge in a professional manner.

All you have to do is cause reasonable doubt in the judge's mind. He can win this incredibly easily, I absolutely 100% guarantee it. (based on his story... if it is all 100% true)

[PeterGTiR]

I know the cop that pulled you over, he's usually an ass.

[Cos]

How does everyone say they know the cop. Is there only one british cop?

[Toma]

Originally posted by FullFledgedYYC


Have you ever been to traffic court? The judge is not on the cop's side you idiot. In my experience the judge sides more with you than the cop.... unless you are just a supreme idiot, which it sounds like you are since you tried to get out of an enlarged exhaust tip ticket. Either you have one or you don't... and if you actually DID NOT, which I have trouble believing, you are a complete moron if you could not prove that to a judge in a professional manner.

All you have to do is cause reasonable doubt in the judge's mind. He can win this incredibly easily, I absolutely 100% guarantee it. (based on his story... if it is all 100% true)

I was with you until this part lol.

Enlarged exhaust is not illegal. The section mentioning the muffler exit is written in the context of modifying the muffler, using temrs like
"removing baffles" or causing it to shoot flames.

I have a couple thoughts on this personally;

First, there is no reason for it whatsoever. Stupid ticket targeting JDM imports, and guys that "do up" JDM cars. The "tip" is purely cosmetic device often to fill the space in the bodywork designed for it.

2) "widened" in respect to what?
a) how the muffler was manufactured?
b) in comparison to the muffler inlet?
c) how the OEM manufactured the car.

The TSA is extremely vague in this regard, leaving this "law" to the creative interpretations of small minds.

As a result, people who import cars legally, pass all the Provincial and Federal requirements for import and registration are getting these tickets.

That's bullshit.

As I stated, my GF had a import with a muffler with a large tip. Beat the tickets twice.

FIGHT EVERY TICKET!

[littledan]

Originally posted by FullFledgedYYC


Have you ever been to traffic court? The judge is not on the cop's side you idiot. In my experience the judge sides more with you than the cop.... unless you are just a supreme idiot, which it sounds like you are since you tried to get out of an enlarged exhaust tip ticket. Either you have one or you don't... and if you actually DID NOT, which I have trouble believing, you are a complete moron if you could not prove that to a judge in a professional manner.

All you have to do is cause reasonable doubt in the judge's mind. He can win this incredibly easily, I absolutely 100% guarantee it. (based on his story... if it is all 100% true)

wow...

yes i have been to traffic court. and I can tell you with certainty that the judge was in fact on the side of the officer. i am a professional engineer, and I fought a ticket for my exhaust being "too loud."

I asked the officer if his window was up or down when he judged my exhaust as too loud. He didn't know. I asked him how far away from my vehicle he was when he judged my exhaust was too loud. He did not know. I asked what the decibel reading of my vehicle in factory condition would be and he did not know. I asked him if he measured the decibel level of my vehicle and he did not. I asked what the factory exhaust looks like on my vehicle and he did not know. I showed the judge pictures of both the factory and aftermarket mufflers. He said that since the tip was larger on the aftermarket, this made it "louder." He then cupped his hands around his mouth and said "see when I do this it makes it louder." That is actually false as it does not make it any louder it just projects the sound in a particular direction. And after all that the judge ruled that I was guilty of having an exhaust that exceeded the noise limit.

BTW you are a fucken asshole YYC.

[Kloubek]

Imagine what would have happened if you were picking your nose!

That's brutal. The whole traffic ticket is brutal, really. Even if you're innocent, for many of us, it is cheaper and easier just to pay the ticket than it is to go down and fight it and take a day off work.

[Cos]

Originally posted by littledan

am a professional engineer, and I fought a ticket for my exhaust being "too loud."

I asked the officer if his window was up or down when he judged my exhaust as too loud.

Just a couple things that I noticed about your argument:

- Professional Engineer in what? Unless you are an acoustics engineer with background in certifying vehicles I am not sure how that matters.
- The ticket was for a widened exhaust. Not a noise issue. You didnt seem to be arguing the actual ticket. You were arguing the noise and the decibel level. Nothing has anything to do with 'widened' exhaust. Shit technically it could be a quieter muffler than stock with a 10" tip and the ticket would stand.

And after all that the judge ruled that I was guilty of having an exhaust that exceeded the noise limit.

I doubt you were guilty of that since there is no ticket for that offense. You even said it was for a widened exhaust. Exact quote

trust me... been there and this is pretty much exactly how it went down fighting a "widened exhaust" ticket

It was never for noise. No wonder you lost.

[max_boost]

Too bad it isn't J-hop that gets these tickets.

[cam_wmh]

Originally posted by Cos


Just a couple things that I noticed about your argument:

- Professional Engineer in what? Unless you are an acoustics engineer with background in certifying vehicles I am not sure how that matters.
- The ticket was for a widened exhaust. Not a noise issue. You didnt seem to be arguing the actual ticket. You were arguing the noise and the decibel level. Nothing has anything to do with 'widened' exhaust. Shit technically it could be a quieter muffler than stock with a 10" tip and the ticket would stand.



I doubt you were guilty of that since there is no ticket for that offense. You even said it was for a widened exhaust. Exact quote



It was never for noise. No wonder you lost.

You just cut up that counter-point with precision.

[FullFledgedYYC]

Originally posted by littledan



BTW you are a fucken asshole YYC.

Thanks. And as I first predicted, you are an idiot. As the poster above pointed out... you don't go into court fighting a widened exhaust ticket with questioning about NOISE. Those are two different things.

You don't go into court fighting a speeding ticket and then bring up questions about your signal lights blinking, do you? Well... in your case, you may.

Thank you, come again.

edit: and oh... btw, the judge was not on the officer's side, they just knew that they were dealing with an idiot.... thus why they cupped their hands over their mouth.