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artvandalay

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Around 2 years ago I was downtown at an intersection waiting for a traffic light that was red. I sat for a couple of minutes and just as it was changing to green and a motorcycle cop pulled up in between cars and started asking people accusing them of driving recklessly. The officer asked if it was me and I said no what are you talking about. After the light turned green I started to go with the traffic and the officer decided to pull me over and issue me a ticket.

Fast forward to traffic court to which I thought I would win no problem since police officers can't arbitrarily pull people over and issue tickets like that. The officer got the car wrong, the speed wrong (claiming he visually estimated the speed of a car with no radar), he got the plate wrong and claimed I signed the ticket to which I did not. The judge said before the trial that there would have to be reasonable doubt when it comes to guilt. Despite being the definition of reasonable doubt and everything I had said the judge somehow sided with the officer.

I was wondering what my options are. I will definitely win on an appeal but it will cost $150 dollars for the court transcripts to make an appeal. I was wondering if there was someone I could speak to at the VPD or traffic authority perhaps about this officer's conduct and get the ticket thrown out. Also if I could speak to someone at the Judicial Review Board about an idiot judge who actually allows this to happen.

If anyone out there has experienced this before or has a legal background to help point me in the right direction in terms of all the things I have mentioned or perhaps a different approach, it will be much appreciated.

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He couldn't have just given you a ticket for not doing anything...

Sure he could. If you keep up with the news you'll notice in a few cases that cops can literally get away with murder. Giving a motorist a bogus ticket out of spite or to meet the monthly quota is probably the next easiest thing to spending half the work day in Tim Hortons.

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Around 2 years ago I was downtown at an intersection waiting for a traffic light that was red. I sat for a couple of minutes and just as it was changing to green and a motorcycle cop pulled up in between cars and started asking people accusing them of driving recklessly. The officer asked if it was me and I said no what are you talking about. After the light turned green I started to go with the traffic and the officer decided to pull me over and issue me a ticket.

Fast forward to traffic court to which I thought I would win no problem since police officers can't arbitrarily pull people over and issue tickets like that. The officer got the car wrong, the speed wrong (claiming he visually estimated the speed of a car with no radar), he got the plate wrong and claimed I signed the ticket to which I did not. The judge said before the trial that there would have to be reasonable doubt when it comes to guilt. Despite being the definition of reasonable doubt and everything I had said the judge somehow sided with the officer.

I was wondering what my options are. I will definitely win on an appeal but it will cost $150 dollars for the court transcripts to make an appeal. I was wondering if there was someone I could speak to at the VPD or traffic authority perhaps about this officer's conduct and get the ticket thrown out. Also if I could speak to someone at the Judicial Review Board about an idiot judge who actually allows this to happen.

If anyone out there has experienced this before or has a legal background to help point me in the right direction in terms of all the things I have mentioned or perhaps a different approach, it will be much appreciated.

Maybe your judge's name will be Vandelay...

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He got all the info wrong, didn't have a reason to pull you over or issue you a ticket and the judge sided with him? Having a hard time with this...I know cops can get away with things, but it's a stretch for me...if it's spite, what was his reason behind that?

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Sure he could. If you keep up with the news you'll notice in a few cases that cops can literally get away with murder. Giving a motorist a bogus ticket out of spite or to meet the monthly quota is probably the next easiest thing to spending half the work day in Tim Hortons.

I've said this countless of times here.

There are bad workers in every career. It just seems like the media and people like you glorify the bad things a small percentage of all police officers have done. I don't agree with somethings certain police officers have done but most cops are looking out for our communities and keeping them safe.

If you don't think their job is stressful then you're ignorant. They go out everyday at risk of losing their lives for you and others. I'm sick of the bad stigma police officers receive because a small percentage had chosen the wrong way to do their job.

Would you tell the family of a police officer, who had passed away on the line of duty, that he was a "pig", "spent all day at Tim Hortons" or that he isn't a hero?

I highly doubt the OP is telling the whole story. I wouldn't believe that if I were the judge.

.

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Yeah. I doubt it wasn't atleast partially your fault, though I was in the car once when my dad got pulled over for something minor (one tail light wasn't working) and the cop being in a bad mood tried to get on of us to react in anger and when he failed, nitpicked at any tiny little thing he could to give us a ticket. But it's only a tiny few that are like that, so maybe you just got the cop that's on a power trip

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I've said this countless of times here.

There are bad workers in every career. It just seems like the media and people like you glorify the bad things a small percentage of all police officers have done. I don't agree with somethings certain police officers have done but most cops are looking out for our communities and keeping them safe.

If you don't think their job is stressful then you're ignorant. They go out everyday at risk of losing their lives for you and others. I'm sick of the bad stigma police officers receive because a small percentage had chosen the wrong way to do their job.

Would you tell the family of a police officer, who had passed away on the line of duty, that he was a "pig", "spent all day at Tim Hortons" or that he isn't a hero?

I highly doubt the OP is telling the whole story. I wouldn't believe that if I were the judge.

.

I suppose it isn't the same everywhere. Where I live though it seems the police believe they have nothing better to do than cruise around town handing out traffic violations and then congregating at either one of our Horton's locations or Boston Pizza.

I've had a few encounters with the local RCMP and none of them were positive experiences. Maybe it's the seemingly lower crime rate, mid-size town mentality but whenever I've exchanged words with one of them they've always spoken to me as though they suspected me of something. I wouldn't put it past one of them to do something similar to what the OP described, I'd swear at least half the members here are on some level of power trip stemming from boredom due to a perceived lack of crimes to fight.

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He got all the info wrong, didn't have a reason to pull you over or issue you a ticket and the judge sided with him? Having a hard time with this...I know cops can get away with things, but it's a stretch for me...if it's spite, what was his reason behind that?

If your having a hard time with this imagine being the one who was screwed over. The officer claims he was a few miles down the road and saw a vehicle or vehicles flying past him. Instead of turning on his lights and pursuing them like police officers do, he says he decided to drive down the road until he approached the nearest intersection. The cars to my right were a couple of older women and myself to the left which is a young male and I guess assumed that between the two was more likely guilty. Also it was dark and at night and only things both vehicles were guilty of was being in the wrong place at the wrong time.

The officer was completely unprofessional and incompetent so it is no surprise that he probably has done stuff like this before. He was noticeably ogling at the other women in the courtroom and was just a real jerk. I know this is not an indictment of most of the VPD officers out there who do their best every day with a very difficult job and be as professional as they can when conducting themselves. But motorcycle cops have a notorious reputation of enforcing the law the way they see fit and are even looked down upon by other police departments.

For those who feel necessary to make infantile remarks that is your choice. I am not a social media person and thought there are thousand of people out there from all walks of life and experiences. I figured there are many people on these boards with legal backgrounds and regular civilians who have experienced wrongs by the justice system and may have a solution to this problem that I may not have come up with. But here is my issue and why I'm here which is that first off this has likely happened to someone else before and secondly, if officers like this get away with this it will most likely happen again. What is next, you are walking down the street and an officer gives you a jaywalking ticket because he saw someone 5 minutes before crossing the street who looked just like you?

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If your having a hard time with this imagine being the one who was screwed over. The officer claims he was a few miles down the road and saw a vehicle or vehicles flying past him. Instead of turning on his lights and pursuing them like police officers do, he says he decided to drive down the road until he approached the nearest intersection. The cars to my right were a couple of older women and myself to the left which is a young male and I guess assumed that between the two was more likely guilty. Also it was dark and at night and only things both vehicles were guilty of was being in the wrong place at the wrong time.

The officer was completely unprofessional and incompetent so it is no surprise that he probably has done stuff like this before. He was noticeably ogling at the other women in the courtroom and was just a real jerk. I know this is not an indictment of most of the VPD officers out there who do their best every day with a very difficult job and be as professional as they can when conducting themselves. But motorcycle cops have a notorious reputation of enforcing the law the way they see fit and are even looked down upon by other police departments.

For those who feel necessary to make infantile remarks that is your choice. I am not a social media person and thought there are thousand of people out there from all walks of life and experiences. I figured there are many people on these boards with legal backgrounds and regular civilians who have experienced wrongs by the justice system and may have a solution to this problem that I may not have come up with. But here is my issue and why I'm here which is that first off this has likely happened to someone else before and secondly, if officers like this get away with this it will most likely happen again. What is next, you are walking down the street and an officer gives you a jaywalking ticket because he saw someone 5 minutes before crossing the street who looked just like you?

Wait, so you went to court by challenging the ticket and the judge heard both sides and reached the conclusion that the police officer was correct in giving you the ticket? Clearly there's more info to this story that your holding out on, no one is going to be able to give you proper advise if you're hiding things. Don't get mad at people who are confused and questioning you coming to a hockey forum to ask legal advice, it isn't a very good idea and you shouldn't rely on random people whose backgrounds you don't know and could be purposefully or accidentally give you incorrect advice.

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Given there seems to be a lot of missing info in the OP, we must operate on assumption. My guess is the officer pulling up next to you and asking questions was, in his mind, him pulling you over. When you drove off, you are now fleeing, which is not legal, and thus you get a ticket for reckless driving.

I don't see any judge that wouldn't uphold that.

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Given there seems to be a lot of missing info in the OP, we must operate on assumption. My guess is the officer pulling up next to you and asking questions was, in his mind, him pulling you over. When you drove off, you are now fleeing, which is not legal, and thus you get a ticket for reckless driving.

I don't see any judge that wouldn't uphold that.

Based on what seems to be missing from the OP. It seems on the events that happened that the officer wanted to save face and pull someone over but did everything wrong in doing so. The OP said the officer was asking people in the cars at the intersection on who was driving recklessly that doesn't mean he has pulled you over at the point. If the light turns green and everyone is moving forward that doesn't mean you are guilty for you have every right to go through the intersection. If the officer had turned on their lights and pursued the person or persons driving recklessly than this situation would have been averted.

I have read the Criminal Code of Canada and what the officer did was wrong. Lets say for the sake of argument you or someone else were speeding, than the officer has to catch you in the act. According to the Criminal Code for a summary or minor offense they have to have probable cause and enforce the law at the point and if not than the statute of limitations runs out. If it is an indictable offense like murder or treason for example there is no limitations as to when the law can be enforced. I am sure if you go through the appeal process you should be able to site all the officer's errors and a judge should rule in your favor. There are many stories I have read in which people have challenged the system and proved their case to get tickets overturned. I would call a bunch of different officers to the stand to prove that what the officer did was not standard procedure and show the judge that the officer was acting incorrectly.

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