Nissan 370Z Forum

Nissan 370Z Forum (http://www.the370z.com/)
-   Canada (http://www.the370z.com/canada/)
-   -   Speeding ticket help No signature (http://www.the370z.com/canada/45244-speeding-ticket-help-no-signature.html)

Cafiax 11-11-2011 05:55 AM

Speeding ticket help No signature
 
So around 3:15 am I was pulled over while driving a friend home. we were cruising along going under the speed limit when two RCMP cars suddenly pull me over. They accuse me of "racing" due to accelerating after a red light. I clarify that i wasn't speeding even though I accelerate fast. The police officer insists that i was speeding. I ask for the speed at which i was travelling to receive this fine and he said he does not know but judging from his eyes he knew i was speeding (no radar). He fines me $196 and hands me the ticket. He does not proceed to ask me to sign, verifying that I have receive the ticket which i found pretty weird. After I drove off and pulled over i examined the ticket and at the bottom the "Alleged offender's signature" area was indeed blank. I'm not sure how i should be dealing with this ticket. If i did not sign it does that mean I never "received" it, thus not having to pay it? or do i still need to dispute the ticket cause I know I'm being cheated on by the police.:confused:

LMBmikeZ 11-11-2011 12:41 PM

You will need to dispute the case. Based on him no providing any evidence (that being the laser) you automatically win your side. He has nothing to back it up with. You will probably have to fight it taking a day to go through the court BS. But in the end I bet the cop doesn't even show up so in the end you win either way.

My last ticket I got I fought and won based on the officer being a no show!

GL!


And for other Canadians to always fight your tickets. More often then not the cops don't show and it's automatic win for you!

IDZRVIT 11-11-2011 12:49 PM

Quote:

Originally Posted by LMBmikeZ (Post 1402862)
And for other Canadians to always fight your tickets. More often then not the cops don't show and it's automatic win for you!

Not true. I went to court and the cop didn't show. Judge rescheduled court date and there was nothing I could do about it.

And if you are guilty, man up and pay the ticket!

Miki 11-11-2011 02:00 PM

I'd fight that ticket for sure if that's what happened!

Go for it bro.

DjSquall 11-11-2011 02:11 PM

Hire a lawyer/paralegal and fight it. maybe you'll even be able to file a harassment case?

Either way, good luck.

LMBmikeZ 11-11-2011 02:26 PM

Quote:

Originally Posted by IDZRVIT (Post 1402889)
Not true. I went to court and the cop didn't show. Judge rescheduled court date and there was nothing I could do about it.

And if you are guilty, man up and pay the ticket!

Sucks for you but in Ontario no show from cop = no ticket for defendant.

GL and always fight your tickets!

gabo 11-11-2011 07:51 PM

Quote:

Originally Posted by Cafiax (Post 1402246)
So around 3:15 am I was pulled over while driving a friend home. we were cruising along going under the speed limit when two RCMP cars suddenly pull me over. They accuse me of "racing" due to accelerating after a red light. I clarify that i wasn't speeding even though I accelerate fast. The police officer insists that i was speeding. I ask for the speed at which i was travelling to receive this fine and he said he does not know but judging from his eyes he knew i was speeding (no radar). He fines me $196 and hands me the ticket. He does not proceed to ask me to sign, verifying that I have receive the ticket which i found pretty weird. After I drove off and pulled over i examined the ticket and at the bottom the "Alleged offender's signature" area was indeed blank. I'm not sure how i should be dealing with this ticket. If i did not sign it does that mean I never "received" it, thus not having to pay it? or do i still need to dispute the ticket cause I know I'm being cheated on by the police.:confused:

hey man same thing happened to me. i disputed it. the cop even showed up and everything but when he said he didnt know at what speed i was going and he just assumed i was because i accelerated fast but maintained my speed at the limit judge had no choice but to take my side. and besides, if you dont have history of speed on your record it will help you even more. so dispute it, dont pay for it and dont let them give you 3 points.

krzykanuk 11-11-2011 08:28 PM

I'm no lawyer, but I doubt the fact that you didn't sign the ticket will get you out of it. How can you prove you didn't receive it? If you really want to pretend you didn't receive it, then you'd have to first not pay it, then when you get something in the mail summoning you to pay, you'd have to claim you never got a ticket and go to court. When you go to court, I suspect that the police car dash cam will show that he handed you the ticket. Or it would be cop's word against yours and you'd likely lose that one.

Anyway, I agree that you should fight it on the grounds that you were merely accelerating fast and did not exceed the speed limit. Of course, if they then charge you with street racing, as the cop initially claimed, that will be much worse than speeding.

Good luck.

Cafiax 11-12-2011 09:50 PM

this is the 2nd ticket I've ever gotten. So hopefully that will help my case. The thing is that he thought i was racing a car due to the fact that i was driving the speed limit and some car blitzed past me. I was really annoyed because why would I be the one being pulled over when it was someone else that sped past me. The cop also followed me for at least 2 km without me knowing because he said he saw the car blitz past me and that happened several blocks from where they pulled me over.

Snakes709 11-13-2011 05:20 AM

fight it, whats the worst that could happen. I think you will win, even if you dont its not a big deal. The weird thing is he classified you as "racing" Most provinces will take away your car, licence and $10,000 fine for racing.

Cafiax 11-13-2011 09:10 PM

I think he was just harassing me, I cannot believe he asked me if i was racing at 3am driving very slowly stopping at every red light. It just ticked me off that he would assume I was a "street racer" just because i drive a 370 >.> I felt like being falsely stereotyped

Dizzy 11-14-2011 10:25 AM

Quote:

Originally Posted by LMBmikeZ (Post 1403071)
Sucks for you but in Ontario no show from cop = no ticket for defendant.

A commonly held misbelief. Probably 95% of the time, that is the case. But, if the officer in question has contacted the court and given a reason for his abscence (sick, death in the family, etc), the prosecutor can ask for an adjournement on all that officers tickets and get it rescheduled. Most of the time though, officers simply don't show up and don't tell the court why. I almost all those cases, the ticket gets thrown out.

However, even if the officer doesn't show up for no reason, the prosecutor (although rare), can still ask for an adjournement and the defendant must then present a compelling reason the case can't be adjourned to a later date.

I would agree Mike that 99% of the time, no show means they throw it out, but if for some reason the courst doesn't like you, it can be rescheduled and if it is, there's little you can do about it.

As for the OP, call Points or another ticket specialist. I'll bet you can get an answer to your question on the phone. And if it is racing, it isn't the fine I'd be worried about, it's the effect on your insurance. Fight it! "Man up and pay it"....and you'll be paying for years.

LMBmikeZ 11-14-2011 06:58 PM

100% agree it can be rescheduled but hardly ever is. In my experiences the officer has not shown up and I end up winning!(two times!) I only ever payed my first ticket because I was young and didnt know about this.

As long as it's not a ticket from an accident or a DUI I am pretty sure the judge will have np with throwing out minor traffic offenses.

LMBmikeZ 11-14-2011 07:01 PM

As far as speeding goes

No cop = no ticket

There is no evidence for the courts if ther is no cop and no radar info!

So I win!!!!!! Hahaha I love when you win on these!

OP keep us posted with what happens for you!

sinceday1 11-14-2011 09:49 PM

Quote:

Originally Posted by LMBmikeZ (Post 1403071)
Sucks for you but in Ontario no show from cop = no ticket for defendant.

GL and always fight your tickets!

That wholly depends on discretion of the judge.. If the judge's having a bad day, or he feels that there is a compelling reason to reschedule, then he shall.. if he's sick of cops not showing up for his court that day, he will dismiss the case.

Nevertheless, OP, fight it. The cop does not have a case against you. No signature thing might not be relevant on winning the case (as your driver's license, and other information was taken to verify that you were indeed the one driving) but it still acts against the crown proving her case.

Cafiax 11-14-2011 10:17 PM

when you guys fought your tickets did you hire a traffic lawyer or is that unnecessary o.o i wonder how much that costs. O.O is it less than the ticket fee?

DjSquall 11-15-2011 05:43 AM

Quote:

Originally Posted by Cafiax (Post 1407487)
when you guys fought your tickets did you hire a traffic lawyer or is that unnecessary o.o i wonder how much that costs. O.O is it less than the ticket fee?

The costs depend on the charges you're fighting... a simple ticket can be just $200, or it can cost thousands upon thousands. It all depends.


in the long run, lawyers are cheaper.

LMBmikeZ 11-15-2011 06:04 AM

First try to fight it yourself. Then if it is not going your way when you talk to the crown attorney for your first apperance, ask to arrange another date to obtain counsel. Then go get the lawyer.

Dizzy 11-15-2011 10:47 AM

If you want to fight it, hire a traffic ticket expert like COPS, or Points.

As many have said, it can go your way if you get lucky, but if the judge is having a bad day or if the crown is having a bad day, you will be done like dinner. A lot of crown attorneys will not even talk to you, but they will always talk to a rep that knows what he's doing. It is a court of law and unless you are 100% comfortable with proceedings, what to say, and how to say it, it is never a good idea to represent yourself. A lot of judges get pissed at people who represent themselves for the simple fact they aren't feeding the system.

Law is an old boys club. If you pay to have someone represent you, they view that as a sign of respect to the system and deals are subsequently easily cut. Is that a load of s*%t? You bet, but it's also reality.

Based on the questions you have asked so far, I don't think you are comfortable with the inside of a courtroom. If you show up, and the cop doesn't, odds are it will be thrown out. If you show up and the cop does, whole different ball game. Simply asking at that point for an adjournment for representation is not that easy. Depends on the mood of the judge.

Look at it this way. Pay a few hundred for a lawyer now and odd's are the very worst thing that will hapen is a moderate fine (I'm assuming your driving record is clean). Odds are, based on the facts you've stated, your representative will get it dismissed. If you try and fight it yourself and lose, not only will you get the fine, you will get a racing conviction and that will cost you thousands in insurance increases on a go forward basis.

If you argue it yourself, the odds of getting it thrown out go down drastically. It's possible it will be thrown out, but not likely.

Cafiax 11-15-2011 12:05 PM

Does anyone know any traffic ticket services in the lower mainland, Vancouver area? I contacted a lawyer but hes charging me 2000 to fight the ticket. I checked Points and COPS but they don't operate in the Vancouver area. O.O it is a simple Speeding ticket $193 fine, I just don't want to add points onto my record. 146(1)

Dizzy 11-15-2011 12:47 PM

Quote:

Originally Posted by Cafiax (Post 1408268)
it is a simple Speeding ticket $193 fine, I just don't want to add points onto my record. 146(1)

I misunderstood. I thought he wrote you a ticket for racing or careless. If it is a straight speeding ticket, and he wasn't using Radar, and he just said "I think you were going to fast", that I would fight on my own. I'm not a lawyer, but I can't see how the crown can possibly win that. The burden of proof is on them and without radar or some measurement, I don't think it would go anywhere.

I'd just show up and say "I know I wasn't speeding your honour, my speedometer said xx" and that should be the end of it.

DDonovan 11-15-2011 02:03 PM

The real point is no proof. They all have radar ask for the reciept. When he says there is none..., its all finished. You have a witness.

Cafiax 11-15-2011 02:14 PM

would i be able to use my passenger as a witness that i wasn't speeding?


All times are GMT -5. The time now is 01:36 AM.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0 PL2