I got a stunting ticket in the mail. Dash cam user complained to police about me.

[16hypen3sp]

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Just to recap - you are going to argue that the application of 'stunting' charge was not warranted for these circumstances? (seeing as how its not technically illegal to lane split).

You were not revving your engine or otherwise engaging in distracting behaviour.

I'm utilizing the current definition of a lane as it exists in UHRR reg as well as previous court cases on 'stunting' in Alberta to argue that there was nothing startling or distracting on the maneuver itself. There was nothing that warrants stunting done during the event. The witness statement also does not say they were distracted or startled. They simply appear to just dislike the rider using the space on the roadway. The officer will have to argue why they issued a stunting ticket.

The Crown so far believes that this is a lane violation according to the plea deal he has put out. He pulled his first deal because I wasn't going to agree to the charge of - fail to maintain centre of lane - because it exempts cycles. He agreed and instead put out - unsafe lane change. In his words, this puts us right back to arguing filtering being lawful or not. AB Trans says filtering or splitting isn't specified to be allowed or prohibited.

Not trying to legalize it or anything... just using existing legislation to attempt to get out of a stunting ticket.

[Tik-Tok]

Three fiddy says the cop never shows, and it'll be dropped before you can make your arguments.

[ExtraSlow]

The hero beyond needs.....

[16hypen3sp]

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Three fiddy says the cop never shows, and it'll be dropped before you can make your arguments.

Not only the officer but the witness needs to show as well. More so the witness than the cop really. Would still love to be able to argue it all tho.

[never]

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The hero beyond needs.....

[ExtraSlow]

[never]

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Touche!

Though I'm surprised you didn't post this:

[zipdoa]

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I'm utilizing the current definition of a lane as it exists in UHRR reg as well as previous court cases on 'stunting' in Alberta to argue that there was nothing startling or distracting on the maneuver itself. There was nothing that warrants stunting done during the event. The witness statement also does not say they were distracted or startled. They simply appear to just dislike the rider using the space on the roadway. The officer will have to argue why they issued a stunting ticket.

The Crown so far believes that this is a lane violation according to the plea deal he has put out. He pulled his first deal because I wasn't going to agree to the charge of - fail to maintain centre of lane - because it exempts cycles. He agreed and instead put out - unsafe lane change. In his words, this puts us right back to arguing filtering being lawful or not. AB Trans says filtering or splitting isn't specified to be allowed or prohibited.

Not trying to legalize it or anything... just using existing legislation to attempt to get out of a stunting ticket.

Can beyond lawyers chime in? if 16hypen3sp uses this argument and succeeds, does that create a precedent? Could I then fight a similar ticket with ease if I choose to lane split?

[rage2]

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Can beyond lawyers chime in? if 16hypen3sp uses this argument and succeeds, does that create a precedent? Could I then fight a similar ticket with ease if I choose to lane split?

AFAIK you can't set precedence in traffic court.

[Mitsu3000gt]

Also wouldn't a case being thrown out due to one party not showing up prevent it from being used as precedent?

[shakalaka]

If witnesses don't show, that means case didn't proceed so no precedent.

If the trial is ran and a certain result is obtained, it can be a precedent BUT in reality it's traffic court and unless it's a law changing decision it's not likely to be reported. If it's not reported, no one in the future will ever know. The same master/judge may apply it again and again but unless they report it for it be used by other counsel etc., it doesn't really become a precedent and even if reported it doesn't bind anyone. Precedents only bind lower courts (than the one rendering the decision) in the same jurisdiction. So traffic court being the lowest, doesn't really bind anyone. Each judge/member is free to whatever they want, though they can use previously reported decisions as informative etc.

[dirtsniffer]

If you got the story picked up by the media would that make a difference?

[lilmira]

You need to topple some traffic sign to make a difference.

[Tik-Tok]

What if he wrote BLM on the ticket?

[16hypen3sp]

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If witnesses don't show, that means case didn't proceed so no precedent.

If the trial is ran and a certain result is obtained, it can be a precedent BUT in reality it's traffic court and unless it's a law changing decision it's not likely to be reported. If it's not reported, no one in the future will ever know. The same master/judge may apply it again and again but unless they report it for it be used by other counsel etc., it doesn't really become a precedent and even if reported it doesn't bind anyone. Precedents only bind lower courts (than the one rendering the decision) in the same jurisdiction. So traffic court being the lowest, doesn't really bind anyone. Each judge/member is free to whatever they want, though they can use previously reported decisions as informative etc.

How high up does it have to go to end up on CanLII?

[shakalaka]

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How high up does it have to go to end up on CanLII?

I am sure even traffic court decisions are up on CanLII. It's a private company that maintains all reported decisions - so if a judge reports it (written official decision) then it'll likely end up there. I've got 6-7 of my own reported decisions up there.

[revelations]

So, basically carry a copy of the decision with you at all times if you decide to lane split.

[16hypen3sp]

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I am sure even traffic court decisions are up on CanLII. It's a private company that maintains all reported decisions - so if a judge reports it (written official decision) then it'll likely end up there. I've got 6-7 of my own reported decisions up there.

I see, so the judge has to report it. Man, it would be so cool for a case to end up on CanLII!

[16hypen3sp]

Big update incoming. Stay tuned. Will write it all up when I get home.

[ThePenIsMightier]

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Big update incoming. Stay tuned. Will write it all up when I get home.

I'm going to lane-split on my drive home (in my car) in anticipation!