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Canadian Legal System!
#1
As some of you may remember, back in May I wrecked my pride and joy. To add insult to injury, I was also charged for running a red light. It was yellow I swear!!! Anyways, given the ticket I contimplated the outcome, plead guilty pay the $200 fine, and loose 3 points, or fight it. I in the end faught the ticket, taking it to a lawyer. My first apperance was to meet with the crown in August, which was pushed back from over booking next was going to be in October, well I recieved the notice, but the lawyer didn't so he didn't show up. Bacause he didn't go I was charged, and fined. I go to tell my lawyer what happened, his office calls the court house and finds out that they just forgot to send the notice to the law office.....OOPS!! Anyways case get re-opened, and finally I get my day in court, well my lawyer does....December 15, 2005. Well like any other city in southern Ontario we got dumped on, 6-8 inches of snow fell here in Windsor. When my case was called in court my lawyer was there, along with the witnesses from the accident that said I ran the light, but as for the Cop she didn't show, :D
The court gave her an hour to get there, and still nothing. My ticket was dismissed, yay for me... All it will cost me is $350 in fees. I would much rather pay that that what my insurance would have been if the ticket had gone through.
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#2
good stuff glad to hear you're not going to get ass raped by your insurance co.

:)
***want to buy***
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#3
Lucky you. I'm happy to hear you fought some unfair bs with our coppers and didn't get the full penalty.
'14 Escape 2.0t
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#4
yeah i had a No registration ticket dropped in Nov. cus the cop didn't show..........always take it to court...........also you don't even need a lawyer.......i represented myself , like i always do...........i went to x-coppers once and they did nothing i couldn't do
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#5
The legal system didn't work in your favour. It didn't work at all. You didn't win you got off on a technicality. If the cop had showed up you'd have probably lost. Your word against a cop and witnesses. You should never complain about snow again in your life. In fact I think you should do a snow dance every day from Nov15th to March15th Every year.
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Prolly Is not a word
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#6
Yes I understand what you are saying. I was praying that it would snow months before when I received the notice back in October. When I woke up that morning and saw how much got dumped on us down here I thought I had a chance.
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#7
congrats on winning laidman, I know what it's like to be charged with something totally stupid and fight it. I won because of the same reason as you, but it was the middle of summer.
I was the only member on this board with a Yellow Focus Sedan, and a 2002+ Euro Facelift on a sedan.
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#8
I'm happy for you in the sense that you didn't get screwed, but I'm kinda with Bluetoy on this one.

Quote:The legal system didn't work in your favour. It didn't work at all. You didn't win you got off on a technicality.


And this is why:

laidman,Dec 16 2005, 10:59 PM Wrote:As some of you may remember, back in May I wrecked my pride and joy.  To add insult to injury, I was also charged for running a red light.  It was yellow I swear!!!  [right][snapback]161355[/snapback][/right]

Wasn't the ticket "Failure to obey traffic signal"? As far as I'm aware, there is no "Running a red" or "running a yellow" there is "Failure to obey". It does not matter if it was yellow or red, you are required to stop; if it is an amber you are required to stop unless it is unsafe to do so.

I'm originally from Windsor. As I said before in the "Red Light Camera" thread, one of my favorite cars was wrecked from someone else running a red at Ouellette and Wyandotte, the busiest intersection of downtown Windsor. What I didn't mention was that the time I lost from being hurt and being without a replacement vehicle cost me a job that I had just started. I have no sympathies for red light runners. If it were me I'd charge them all with careless driving.

Sorry if it sounds like Im ragging on you, it's not personal. But I hope that instead of just celebrating your good fortune that you do stop and weigh the misfortune that you caused other people, and how it affects everyone here with higher insurance costs.
TEAM PITA: Don't settle for a wannabe, only accept the real deal.
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#9
Unfortunately just because you got off the ticket doesn't mean you get off on the whole insurance thing, regardless of the outcome of the ticket the fact still remains that you where charged. That means you are charged with the accident and anyone else involved was not therefore it's your fault in the eyes of your insurance. Sucks but it is true, fault for the accident is decided by the ticket and not if the ticket holds up in court. Check your record it will have an at fault collision on it.
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#10
Associate,Dec 17 2005, 09:11 PM Wrote:Unfortunately just because you got off the ticket doesn't mean you get off on the whole insurance thing, regardless of the outcome of the ticket the fact still remains that you where charged. That means you are charged with the accident and anyone else involved was not therefore it's your fault in the eyes of your insurance. Sucks but it is true, fault for the accident is decided by the ticket and not if the ticket holds up in court. Check your record it will have an at fault collision on it.
[right][snapback]161470[/snapback][/right]

Well, myself and the other driver were both issued tickets, and were both given the same infraction, running a red, or failure to obey. The difference is he plead guilty, and paid the fine, and I faught it. Yes the accident is still on my record, but the ticket isn't. My insurance would not be affected if at all until the ticket had gone through the court system. I will find out this week what the outcome of the who is at fault, so we will see.
Yes the other driver did turn left in front of me, red, yellow, will it matter who knows. yeild on coming traffic when turning last I checked.

As for OAC_Sparky. Sorry it happened to you, and no I don't take any offence to your comments. I am very grateful that the ticket was dismissed, happy kinda, reguardless I wish that the whole thing didn't happen. My driving style has changed concideribly. I caution anything ahead of me. I will have a scar on my forearm for the rest of my life to remind me about what happened, not only that, I drive by the intersection everyday on my way to work, and still cringe as I go through.
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#11
:beerchug: To lessons we all learn, good and bad.
TEAM PITA: Don't settle for a wannabe, only accept the real deal.
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#12
umm if you were charged with an infraction and it gets tossed out or dismissed it is not on your record and your insurance won't be affected. It'd be retarded if you get charged but then get cleared and still have to pay a penalty. That's liek getting charged with murder, found innocent but still spending time in prison.

you are sorta right though that there might be something on your record BUT if you're cleared of it in court there will be a note stating that and it will not be held against you ( IE no points ) that or they won't bother putting it there. My ex had plenty of infractions from speeding to accidents. The ones that she was cleared of didn't count against her even though they were listed. Call double check to make sure.
***want to buy***
MBRP................ check
SCT Xcal2 ........ check
VF mounts
Adj. Dampers ... check
Meford's Mom.... sale pending
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#13
good work!

I am going through something like that right now!
THE FOCUS IS GONE! THE LEGEND IS DEAD!

but hey, im still around.....
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