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Is it true that if you dispute a ticket...


RottenCanuck22

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Even if the cop doesn't show up, he can simply hand in his report of the incident to the court and the judge will use that report on his/her behalf. Thing is, if the cop was lazy at the time of the ticket and never adequately wrote down what happened correctly, the fault is his for not following police procedure and the ticket will be disputed. However if the cop knew his stuff and wrote down a correct report following the procedures, there's pretty much nothing you can do and the judge will take the word of the policeman's report.

Cops usually don't come to ticket hearings so they just hand in their report to save them time. You just got to hope they messed up in the report for your ticket to be disputed otherwise you don't really have a chance. Majority of the time, the judge is fair and when he/she reads out the cops report, she'll point out if the officer made a mistake or not and if they did, the judge basically says the cops report wasn't completed under procedure and he is at fault and you get your ticket disputed.

I remember if you get a ticket for not wearing a seatbelt, in the officers report he has to write down a description of how the person looked like that he ticketed. If he forgets to do that in his report, usually the judge will point it out or you can yourself and you win the hearing. Hope this helped, cheers!

:blink:

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Stories like these really bother me. When I was 17 I rear ended a stopped truck on the highway when I was going 70 mph. One of the main reasons I'm alive at all is the seat belt, I severed my aorta from the rest of my heart in two places but the lack of seat belt would have thrown me to certain death.

It's really not that big of a deal to put your damn seat belt on. I wish there are stricter laws in place so people wouldn't even think about not wearing one. If you have anxiety or discomfort wearing a seat belt you shouldn't be driving, it's a right not a privilege.

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How much is a no seat belt fine where you live? If you're over 18 here, it is a whole five dollars.

http://www.iihs.org/iihs/topics/laws/safetybeltuse?topicName=safety-belts

Says $10 in the link above for adults (plus variation for local jurisdictions), but a base $10 is still dirt ass cheap (and I'd say pretty much a joke) -- a bit more reasonable for minors.

If I remember my last seatbelt fine, back in California years ago (like.. 8-10 years ago?), I think it was around $100-150. Of course, it wasn't any points on my D/L since it wasn't any type of moving or serious violation.

For the most part, I've been pretty good with seatbelts. I had a college Business Math class all with gaping jaws as someone explained a specific accident that killed 3 high school classmates of mine, plus injuring two, both drivers. Driver 1 with 3 schoolmate passengers hit Driver 2 (veering into his lane, being drunk and trying to pass someone), with no passengers, head on. Two of the passengers were wearing no seatbelts. One back seat passenger who wasn't wearing a seatbelt killed the front passenger-seat passenger being catapulted into his head and upper torso (front passenger-seat passenger was wearing a seatbelt) forcing his head into the passenger side window, the other one was ejected through the windshield. The one in the back who wasn't ejected died from trauma from the accident (the force of it I imagine going into the seatbelt) and from having lacerated mid-body organs from severe engine contact. The driver only had broken ribs, numerous broken bones in his face, and I think a dislocated shoulder, the other (lone) driver who was hit had a broken jaw and I think that was it. The driver of the car with passengers (Driver 1) saw one of the backseat passengers get ejected, went to help him, only to find his heart outside his body, and likely a mess too. The cops had to restrain him because he came up to one of the cops (extremely distraught) with the ejected passenger's heart in hand, telling the cop he was trying to put it back in and couldn't save him.

Sufficed to say, a number of us needed some counselling after that, given pretty much all the people involved were well known to most of us in the class (practically grew up with them), and a few people even needed to be excused from the class being sick to their stomach.

While I couldn't say all the passengers would have lived, I can say at least one might have survived if one of the non-seatbelt wearing passengers were wearing his seatbelt. The second one likely wouldn't have been ejected, perhaps everyone but the guy who had the engine on him lives. While there's no guaranteed lives saved in this case with a seatbelt, it certainly would have helped the odds, and moreover, I think it demonstrates how dangerous to others someone who isn't wearing a seatbelt is, not merely themselves.

So for the most part, I've religiously worn a seatbelt since that occurrence, it's second nature to me, as I said earlier, like turning off/on a car, so worth the few seconds it takes to put it on, and not any kind of hassle.

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Every single thing that is ticketed for is a cash grab more than it's for "our safety and protection". Red light cameras, helmets, seatbelts.

Sure, the paramedic who has to scrape brains off the road after an incident should be spared that and we all have a responsibility as it is traumatic to those who have to deal with the aftermath, but it should be a personal decision for adults. I get that our healthcare system is called upon when people don't take safety precautions but in a system that also is available to gangsters who opelyn fire on one another in the streets, that's just how it is.

I always wear mine...took a while to get into the habit but it's automatic now. However, the fines for infractions should be set at a minimum that increases with each one...not something ridiculous that could cause hardship to some. Cash grab, that's all.

I feel strongly that a staggered series of warnings should be applied for all of the above: first offense? warning on record...second one, $50.00...third one, then have fines that creep over $100.00 because then it's 3 strikes, you're out.

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Maybe some day they will make it impossible to start the car without the seatbelt on. You would need weight sensitive sensors under the seats but how tough can that be? Heck they already have mandatory daytime running light on newer vehicles.

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To clarify a few things about my original post....

I have already plead guilty to the no seatbelt ticket, what I am disputing is the cost of the ticket (which is $160!!). In the hearing date notice they sent me it says I don't need to go to the hearing that day to try to dispute the cost of it, all I have to do is complete a violation ticket statement with written respone. I was hoping though that if I decide to go anyways, that there is the possibly of the cop not showing up and the judge just throwing it out.

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To clarify a few things about my original post....

I have already plead guilty to the no seatbelt ticket, what I am disputing is the cost of the ticket (which is $160!!). In the hearing date notice they sent me it says I don't need to go to the hearing that day to try to dispute the cost of it, all I have to do is complete a violation ticket statement with written respone. I was hoping though that if I decide to go anyways, that there is the possibly of the cop not showing up and the judge just throwing it out.

The possibility is always there. No way to no for sure, and you've got nothing to lose by trying besides time and the potential cost of getting to where you need to be. If you're not commonly being ticketed, I think it's fair to fight to reduce the cost or points on D/L.

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The possibility is always there. No way to no for sure, and you've got nothing to lose by trying besides time and the potential cost of getting to where you need to be. If you're not commonly being ticketed, I think it's fair to fight to reduce the cost or points on D/L.

Thanks.. I'm going to try it, the place is about a 5 minute drive away from me so unless I'm working shouldn't be a problem going to it. Also, I'm not 100% sure about this but I don't think a seatbelt ticket gets you points on your license.. Could be wrong though.

edit: Just checked ICBC's website.. There is nothing there about a No Seatbelt ticket being a point on your license.

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Thanks.. I'm going to try it, the place is about a 5 minute drive away from me so unless I'm working shouldn't be a problem going to it. Also, I'm not 100% sure about this but I don't think a seatbelt ticket gets you points on your license.. Could be wrong though.

edit: Just checked ICBC's website.. There is nothing there about a No Seatbelt ticket being a point on your license.

Oh right, forgot yours was a seat belt ticket. :lol:

Around May we went to Montana, over Crowsnest/out BC, coming back on a back road parallel to the mountains, wife was doing 130 in a 100 (thought it was 110) and was pulled over. She actually got her fine reduced, but fought it and got it reduced half and points removed. Worth it driving all the way back to Pincher Creek for avoiding the potential insurance hike.

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We is society. We all pay for things we don't use, that's the way taxes work. That's also why we tax booze and smokes at a higher rate because we know they increase medical costs for all. Your stupidity and selfishness costs us all in medical costs, increased ICBC costs, increased police costs, etc...

So if tobacco and alcohol taxes are to discourage smoking and drinking, are income taxes suppose to discourage working?

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To clarify a few things about my original post....

I have already plead guilty to the no seatbelt ticket, what I am disputing is the cost of the ticket (which is $160!!). In the hearing date notice they sent me it says I don't need to go to the hearing that day to try to dispute the cost of it, all I have to do is complete a violation ticket statement with written respone. I was hoping though that if I decide to go anyways, that there is the possibly of the cop not showing up and the judge just throwing it out.

Since you already admitted committing the violation by pleading guilty, why in the world would a cop show up to a fine appeal.

Unless I'm not understanding what you are saying correctly, that is silly to even think that a cop would show up after you admit to doing the "crime".

That would be like a conviction being tossed out in a criminal trial, because the cop didn't show up for the sentencing.

You're getting screwed with that big of a fine for what I'm assuming is a first offence on a clean licence. Next time, try and make a plea deal to get a lesser fine before you admit to doing it.

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Since you already admitted committing the violation by pleading guilty, why in the world would a cop show up to a fine appeal.

Unless I'm not understanding what you are saying correctly, that is silly to even think that a cop would show up after you admit to doing the "crime".

That would be like a conviction being tossed out in a criminal trial, because the cop didn't show up for the sentencing.

You're getting screwed with that big of a fine for what I'm assuming is a first offence on a clean licence. Next time, try and make a plea deal to get a lesser fine before you admit to doing it.

Lol you're right.. It's my first time dealing with this so not sure how the system works but I guess the cop won't be there since I already plead guilty... How does the plea deal thing work? I dispute it, not plead guilty and try to get a reduced fine in the courtroom or what?

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Lol you're right.. It's my first time dealing with this so not sure how the system works but I guess the cop won't be there since I already plead guilty... How does the plea deal thing work? I dispute it, not plead guilty and try to get a reduced fine in the courtroom or what?

Depends on the town/city you are in as to the procedure. The only time I got a ticket in Canada, I mailed it in with a not guilty plea. They sent me a hearing date, after I got there I waited for my turn to talk to the prosecutor and she reduced the ticket (kept it as a speeding ticket though) which in turn reduced the fine. I then paid the $100 (which at the time was roughly $65 USD).

Basically it boils down to at some point you will see a prosecutor before you even stand in a courtroom, and when you do, you ask him/her to reduce the ticket. In order to keep court costs low and the revenue stream flowing, they will almost always reduce it unless you have a horrendous driving record.

*edit* Depending on the town/city's policy, you can also get a charge like speeding knocked down to lesser violations so it doesn't show up on your DMV and/or licence report.

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Maybe some day they will make it impossible to start the car without the seatbelt on. You would need weight sensitive sensors under the seats but how tough can that be? Heck they already have mandatory daytime running light on newer vehicles.

Those weight sensitive sensors would be flawed if I was putting something 30-40 lbs into my front seat. I've had my car's seatbelt indicator go off on me because of that. It would also not work for removable seats such as a minivan.

I like the idea and the intention behind it, but a warning signal can and should suffice

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Maybe some day they will make it impossible to start the car without the seatbelt on. You would need weight sensitive sensors under the seats but how tough can that be? Heck they already have mandatory daytime running light on newer vehicles.

What if you ran to your car and are frantically trying to get away from a knife wielding maniac. Should you have to have your seatbelt on before you can drive off? I hope they never implement your idea. If they ever did, I would most likely just disconnect it anyway.

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