Charged with "Driving Without Care" after being reported by another motorist for

[marinpa]

Can police charge someone with a traffic violation, such as "Driving Without Due Care" 144(1)(a) on just a "Say So" of another motorist.

The statement of the other motorist:
"The car was driving in and out of traffic aggressively, no signals were being used from what I initially see, and the car was being driven in a jerky and aggressive manner"

Now, doesn't the person issuing the ticket have to solemnly affirm in front of the JP that he/she witness (himself/herself) the traffic violation?

Where do I find the law text in regards of what constitutes "Driving Without Due Care"

Thank you anticipated

[revelations]

Yes, the MVA in BC allows for such instances by the GP. You must have been driving REALLY bad for a Vancouver driver to notice.

Was it on Oak st/Knight st/Hwy 1 that this took place?


The ticket, like all infraction tickets, will list the section numbers applicable to the charges.

Look them up here:

http://www.bclaws.ca/EPLibraries/bcl...eside/96318_00

[marinpa]

Originally posted by revelations
Yes, the MVA in BC allows for such instances by the GP. You must have been driving REALLY bad for a Vancouver driver to notice.

Was it on Oak st/Knight st/Hwy 1 that this took place?


The ticket, like all infraction tickets, will list the section numbers applicable to the charges.

Look them up here:

http://www.bclaws.ca/EPLibraries/bcl...eside/96318_00

Hwy 1, West Vancouver, and a West Vancouver resident.
This was basically a retaliation for a previous verbal exchange in regards to her cutting me off and calling her on it.

[revelations]

Whatever the circumstances, you have the right to challenge the charges in court.

If the complainant is serious, they will appear in court. If the charges were purely out of spite, then chances are they wont bother.

[marinpa]

How is the police establishing the competency of a person reporting a traffic violation? Or if the "reporter" is even telling the truth. Anyone can say anything about anyone.. ..

[m10-power]

Originally posted by marinpa
How is the police establishing the competency of a person reporting a traffic violation? Or if the "reporter" is even telling the truth. Anyone can say anything about anyone.. ..

likely some truth behind the complaint, you already commented on an incident. stop driving like a dick and/or getting in conflicts with other motorist and you wont have these problems. no one is going to call the police for no reason.
go to court, plead your my word vs their word, watch it get thown out. then leave and think about what a waste of time it is to a) drive like a dick drawing attention to yourself and 2)get into altercations with other motorists doesnt solve anything, get over yourself and your expectation that the road is your domain.

[sr20s14zenki]

I believe she needs to show up at court and swear that she saw you doing what you did, etc..

If you truly didnt do what she said you did, go to court like mentioned above, plead not guilty, and then they will make a court date and tell her she has to appear. If shes lying, i bet you she tells them she wont go to court... (=

[dj_patm]

Deny Deny Deny.

[Gman.45]

Ignore M10, instantly declaring OP's being at fault and their stories suspect whenever things like this come up is getting very old.

People call in BS all the time, and give their perspective of traffic rage type incidents, and every time portray themselves as angels. My father used to deal with this all the time when he was on the desk after back injury on the job.

In fact, my mother in law got called in by some lady, saying she blew by a bus with the stop arm out filled with children. Well, it turns out said bus is driven by my mother in laws sister, and had no children and wasn't even stopped, she was on her way home during the time the person claimed she saw all this. My father went and talked to the complainant in uniform, and got it out of her she was just mad at my mother in law for delivering her mail last (she had a contract route in the country by Okotoks, all the acreages there) unlike the previous mail person who did her place first.

So don't give me BS about people "absolutely needing" a reason to call somebody in, it happens DAILY where they do it out of spite when they are in the wrong, and not even necessarily about driving.

[Gman.45]

.

[FraserB]

He'll still have to go to court to get it sorted out.

[Lulzzors]

Happened to me in Strathmore last summer.

Fight it, even if you're guilty just go. The issuing officer must be present for your case to even be heard at trial, if the officer doesn't show up and the witness does, nothing will happen. They will "quash" it. If they try to reschedule think of a reason they shouldn't (you're wasting my time, this is just hearsay, etc.) My reason for if they tried that with me would have been that I live in Red Deer (I do) so I'm expected to travel almost 2 hours to a trial based on third-party-hearsay.

The officer cannot testify whatsoever at the trial because he wasn't present, his role is just to present the case.

Bottom line they both must appear or nothing will happen.

[clem24]

Originally posted by Gman.45
In fact, my mother in law got called in by some lady, saying she blew by a bus with the stop arm out filled with children. Well, it turns out said bus is driven by my mother in laws sister, and had no children and wasn't even stopped, she was on her way home during the time the person claimed she saw all this. My father went and talked to the complainant in uniform, and got it out of her she was just mad at my mother in law for delivering her mail last (she had a contract route in the country by Okotoks, all the acreages there) unlike the previous mail person who did her place first.

Hahaha that's actually a pretty good story.

[marinpa]

Thanks for your input you guys.

By the way, this could happen to anyone. Some people believe they are more righteous than others.

Just as some people made a mission to help other people, there are some trying to make a miserable life for as many people as possible.

Just for an experiment, try to give your vehicle some commercial look and put a "How is my driving" sign and phone number and drive no different than you usually do. You'll be surprised how many outrageous "reports" you'll get.

A friend of mine, here in Vancouver, got a black Escalade to use it for limo service.
He put some nice big lettering with the name of the company, phone number, etc.

In the first month he got reported 10 times to the cops for various driving offenses.
He finally gave up, and after a month strip all the lettering off.


m10-power
The truth is that in the above mentioned incident, I was driving a service vehicle and the complainant was driving a late BMW model.

You know when is a merge lane, for some absolutely unknown reason, everyone tries to get into the highway 100 meters before the merge lane ends.

I am one of the people that uses the merge lane to the max, and when I get in front of all the people they were bunching up like sheeps they all get mad and start reporting me that I pass the thru the right or I was driving on the shoulder.

I usually have in permanence a video recorder in my car and that tool saved my ass a number of times.

Unfortunately that day I did not have it in the car I was driving it.

[E36M3]

Your father went to a witnesses home to intimidate them in uniform? I probably wouldn't post that on the internet if I were you.

Originally posted by Gman.45
Ignore M10, instantly declaring OP's being at fault and their stories suspect whenever things like this come up is getting very old.

People call in BS all the time, and give their perspective of traffic rage type incidents, and every time portray themselves as angels. My father used to deal with this all the time when he was on the desk after back injury on the job.

In fact, my mother in law got called in by some lady, saying she blew by a bus with the stop arm out filled with children. Well, it turns out said bus is driven by my mother in laws sister, and had no children and wasn't even stopped, she was on her way home during the time the person claimed she saw all this. My father went and talked to the complainant in uniform, and got it out of her she was just mad at my mother in law for delivering her mail last (she had a contract route in the country by Okotoks, all the acreages there) unlike the previous mail person who did her place first.

So don't give me BS about people "absolutely needing" a reason to call somebody in, it happens DAILY where they do it out of spite when they are in the wrong, and not even necessarily about driving.

[rx7boi]

Originally posted by E36M3
Your father went to a witnesses home to intimidate them in uniform? I probably wouldn't post that on the internet if I were you.

I read "got it out of her" but somehow you read "intimidated someone into telling the truth."

I'm all for reading between the lines but c'mon.