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+--- Thread: need OPP help... (/showthread.php?tid=18476)
need OPP help... - Mystake - 10-12-2010
Someone who isn't me got booked by them on the 401 E/B outside of <search engine edit>.
Got booked pretty good. However, what seemed particular to them though is that the officer that pulled them over, after they did their u-turn (they were facing traffic with their radar/laser gun from the centre median), they sat behind a tractor-trailer for about a half a minute, about a half km way behind them. At that point that someone who isn't me had slown down to 115-120. Then, the officer changed lanes and slowly crept up on them. Got behind them, sat there for a bit THEN pulled them over.
Their ticket is fairly heavy... and they plan on hiring a traffic ticket company to fight it for them.
Any one got tips or comments?
any suggestions for companies to hire?
the person who this concerns wants to remain anonymous, btw. I'm just helping gather some info.
RE: need OPP help... - OAC_Sparky - 10-12-2010
Let's pretend it was you to make this easier to write.
When the cop pulled out and hung out behind the tractor trailer he was waiting to see if you were going to speed up even more or if you were going to slow down below 15over and then maybe cut you a break.
The minute he pulls out he had you dead to rights and was going to pull you over; what he was trying to determine was if you were getting a bigger ticket and not a smaller one.
The fact that you didn't slow down until he set up shop didn't help you should have slowed right down before he even caught up. That might have cut you a break for just being inattentive. It also negates the "it wasn't me" excuse, because by your own admission you were still speeding when he got behind you -- you should have been going slower to be able to say "you must've tagged the car behind me"
When he followed you before pulling you over he was running your plate. There is no statute of limitations km-wise for a ticket. If he has already nailed you on his radar he could have followed you for a half hour before pulling you over if he wanted to be a dick.
As for what to do, it depends on the situation. I always say fight every ticket; it's very seldom that they won't try to plea bargain.
RE: need OPP help... - Mystake - 10-13-2010
My friend says they slowed down as soon as they saw the headlights of the cruiser turn on, between 115-120. During the time they slowed down, the cop lost sight of them and only regained it once they had slowed down. Does that make any sort of difference?
Also, this is my idea, but since it was OPP, therefore provincial, potentially they could ask for a court date anywhere across the province, no?
RE: need OPP help... - OAC_Sparky - 10-13-2010
(10-13-2010, 01:43 AM)Mystake Wrote: My friend says they slowed down as soon as they saw the headlights of the cruiser turn on, between 115-120. During the time they slowed down, the cop lost sight of them and only regained it once they had slowed down. Does that make any sort of difference?They had already tagged him by that time, he should have slowed down to the limit not 15-20 over. And no, it doesn't matter even if they lose sight of him, unless there is an identical car on the same stretch of road exactly like yours it's hard to deny you were the car. And unless you protested it on the spot you would have a hard time using that defense now; the cop would have made a note of it in his notes.
Quote:Also, this is my idea, but since it was OPP, therefore provincial, potentially they could ask for a court date anywhere across the province, no?Generally the option to trial is held in the jurisdiction that the ticket was issued; you cannot arbitrarily have it moved to your local provincial court without making a motion to do so which would likely be denied anyways without some extrordinary reason. You can however arrange to send a representative to defend on your behalf if you cannot personally make it. The options available should have been outlined on the back of the ticket and the accompanying leaflet you most likely got.
RE: need OPP help... - Mystake - 10-13-2010
Heh. Well, I told my buddy to hire a lawyer/ex-cop. How harsh would a judge be on a first offence? and how hard would insurance be hit?
RE: need OPP help... - Spinal - 10-13-2010
if its 20 over they usually give a plea bargain of 10 over resulting in a $40 fine and no points. don't ask me how i know that
RE: need OPP help... - GFXjamie - 10-13-2010
(10-13-2010, 02:04 AM)Mystake Wrote: Heh. Well, I told my buddy to hire a lawyer/ex-cop. How harsh would a judge be on a first offence? and how hard would insurance be hit?
insurance hit would only be there if the insurance company regularly checked his record. my buddy is turning 25, jsut got a letter saying his insurance is going down to 90$ a month because they didnt notice his 2 tickets. if they have no reason to look him up, they wont find out
RE: need OPP help... - Mystake - 10-13-2010
... dont they check every time you renew your policy?
RE: need OPP help... - NikiterZTS - 10-13-2010
(10-13-2010, 03:55 AM)Mystake Wrote: ... dont they check every time you renew your policy?
Not always
RE: need OPP help... - darkpuppet - 10-13-2010
You can usually go to to the prosecutor and make a plea for your case -- and often have the points dropped and just pay the fine.
If it's a 4-pointer, you may not get all the points removed, but may be able to get it reduced if you can convince them of your stellar driving record up until that point.
Hiring a company to help you likely won't help matters much... but that's just my opinion. ... unless it's for a major infraction, like 50 over, or drunk driving. In which case, you almost have no choice but to fight it.
RE: need OPP help... - Mystake - 10-13-2010
iirc I was told that yes indeed it was a 4 pointer.
Somewhat interesting, but have heard that apparently the officer who issued the ticket was recently brought onto traffic enforcement and would be new with the equipment he was using. Either way, thanks for the info guys. I'll forward it all on.
RE: need OPP help... - meford4u - 10-13-2010
Here's my suggestion. Slow down or pay the price.
Simple Hey?
RE: need OPP help... - Mystake - 10-13-2010
(10-13-2010, 08:42 AM)meford4u Wrote: Here's my suggestion. Slow down or pay the price.
Simple Hey?
Lol. I'll pass the message on.
RE: need OPP help... - Flofocus - 10-14-2010
(10-13-2010, 06:08 AM)darkpuppet Wrote: You can usually go to to the prosecutor and make a plea for your case -- and often have the points dropped and just pay the fine.
If it's a 4-pointer, you may not get all the points removed, but may be able to get it reduced if you can convince them of your stellar driving record up until that point.
Hiring a company to help you likely won't help matters much... but that's just my opinion. ... unless it's for a major infraction, like 50 over, or drunk driving. In which case, you almost have no choice but to fight it.
Best advice in the thread so far.
Points, ex coppers, is a complete waste of money. Hire a real lawyer if you want to get completely off. Most of the time, Points and ex-copper will have the fine reduced for you. Not completely written off.
I've had a careless charge reduced to 25km/hr over ticket, and I've had a stop sign reduced to a bylaw infraction. I've never hired anybody, I just dressed nice, and went and talked to the 'arresting' officer and the crown. Made a deal behind closed doors and all I had to do was plead guilty to the new charges. In and out in no time a happy man
Insurance is based on minor and major infractions, if they check when you renew and you have the 4 pointer there, you will have been dinged with a major infraction and will pay for it. Most companies will let 1 or 2 minor infractions slide a year. Mine did
RE: need OPP help... - Mystake - 10-14-2010
my friend is indeed concerned about it being a major infraction on their record hence why they hired a paralegal.
They're gambling that the para they hired is good. The para was recommended by a criminal traffic charge lawyer (DUI etc). That, or it woulda cost I think it was 2000$ for the lawyer... and he told them that if he the lawyer were in a similar situation, he wouldn't represent himself. He'd go to the para that he subsequently recommended.
The para's got years working as a prosecutor and years as training officer for using radar etc. The copper that pulled over my friend is fresh to the traffic division so my friend is hoping for some good fortune. They're looking to drop the points to 0, not 3 from 4.
ive heard stories of a lawyer dancing circles around the copper but the judge still convicted him too, so lawyers don't ALWAYS work.
and, if you guys are interested, i'll keep you updated. I don't have much more to report back here with though. I'll ask for updates, I think they're going to get the evidence or whatever iuts called. disclosure?
RE: need OPP help... - Flofocus - 10-14-2010
yeah, they are requesting disclosure. Good luck with everything.
$2k for a lawyer is good. My friend is fighting DUI charges, and he sent the lawyer 3k before even stepping into his office After the 1st face to face consultation he asked for another 2k....in the end he is expecting this whole thing to cost him close to 10k.
RE: need OPP help... - moon111 - 10-14-2010
My friend is an RCMP. He honestly does his job in the best intentions. He'll be harder on someone who he thinks needs lessons drilled into them, and think he's doing them some good. Drive a car that looks like it's owned by a punk, dress like a punk, talk to him like a punk... you'll get the max. He'd probably follow just to make a list of infractions in case the driver decides to insult his family, skin-colour, wife, etc. I was telling him about a co-worker who was going through some hard times. (cheating wife, losing all his assets in the divorce, not seeing his kids, finding a place to stay, etc.) He pulled him over and let him off, despite being insulted.
In the same way, many times an infraction will be reduced if it's felt the person receiving it has genuine remorse. Dress well and accept some responsibility. You're after a reduction, not a total dismissal which would show you're not accepting responsibility for your actions.
RE: need OPP help... - NikiterZTS - 10-14-2010
$2k for a lawyer for this ticket is actually a big rip off. My buddy had street racing/50 over ticket. Lawyer was $1k. Boom! ticket dropped. That's with the cop being there. $2k? hahaha