Canucks Getting Speeding Tix In US?

Discussion in 'Canada' started by Hamr Mark, Nov 20, 2006.

  1. Hamr Mark

    Hamr Mark Adventurer

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    A trucker friend of mine was walking through New Orleans a few years ago with the wife/friends on vacation. And when I say trucker, I mean one of those NFL sized guys who you do not want to meet anywhere...anyways, they were outside a store, and he felt this paw of a hand on his shoulder, and he turned around, and he had to look up to some Refrigerator Perry sized guy. Got a ticket for loitering I believe...The cop pointed to his hand $120 us, buddy said no...cop said $120 or you come with me...Buddy paid up...no ticket, just a lighter wallet.

    Kinda seems like thats how the speeders work as well, in the more southern states anyways. As long as you are not going ridiculously fast, you get a fine, to be paid on the spot, and all is forgiven, and hopefully forgotten. Now, do I want to test this theory?
    #21
  2. Just_Sean

    Just_Sean herewegoagain

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    :nono

    In the states, traffic infractions ARE criminal matters. Parking tickets are civil.

    I had to pay a fine up front in Texas on a ticket. Although most places seem to trust you now, technically they can generally hold you until you post bail or pay the fine.

    I have a friend who went on the Van BC dealer's ride through Arizona, Utah , et al. She said one of the guys picked up 5 tickets on the trip....
    #22
  3. Condolini

    Condolini Fountain of useless info

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    Just heard of 2 folks that were ticketed, one for speeding, one for inattentive driving, crash with property damage only.
    The speeder didn't go to court, paid his fine, thought all was OK until the letter arrived in the mail suspending his driving priveleges for 90 days. He drives for a living, can get an occupational after 30 days.
    The inattentive one has court date today but already received the suspension letter.
    I got a speeding ticket earlier in Nov., 13 mph over, it's municipal and I'll mail the money order for the fine today. Not worth taking 1/2 day off work, they might reduce the fine, won't reduce the points (4). Didn't get the dreaded letter that the others got. Heard it's a new federal requirement, 20+ mph over limit, automatic 90 day suspension.

    Anybody know anymore about this? Maybe that's why the cop said he was doing me a favor by only writing me for 13 over, not 15.
    #23
  4. Thraan

    Thraan Long timer

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    In Ontario you have 15 days to pay or file a notice to appear in court. That goes for parking and traffic tickets. If there are points involved, they stay on your record for three years from the date of the offense and on your license for two years, but only appear on your record/license when you are convicted. If you pay, you are accepting that you're guilty and the points are placed on your license.

    If you choose the trial option, you might wait for 12 months or more before you get a court date, and when the time comes if the cop doesn't show in court you walk. If you happen to be convicted in court, you pay the fine and the points get tagged onto your license then.

    I always choose the trial. I have four tickets filed at the moment, the oldest is more than a year ago and still no trial date. The most recent was filed today (96 in a 60). Just minimising the time that the points are on my license is worth it to me... :deal

    Any tickets I get in the US I pay immediately. I know one guy who had his family vacation to Florida ruined because of a ticket from years before that he'd forgotten about. He was stopped, handcuffed and hauled off to jail while his wife and kids cried in the minivan. :2cry
    #24
  5. CGH

    CGH Polluting the ether

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    Think they've forgotten about that 85 in a 55 I got in San Diego in '91 yet? :patch :uhoh
    #25
  6. Viking

    Viking Ækt trønder!!

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    I ahd an accident in Virginia a few years back (2001) taken to court for failing to be in control of a vehicle at all times.

    Had a court date, wrote them a letter apologizing for not being there and paid the fine that the judge gave me.
    It never showed up on my driving record in Ontario but it affected my MC insurance since the bike was totalled and put through insurance.:1drink
    #26
  7. Raphy

    Raphy Adventurer, eh?

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    THis might help you with the tickets that are approaching the 1 year mark...


    "If your trial date is more than 8 months away from the offence date, and your court date is more than two weeks away, you can motion for a stay of proceedings based on a violation of your Charter Rights (Section 11b: to be tried in a reasonable amount of time) based on the case of R v. Askov. You must file a "Notice of Constitutional Question" form to the crown, The Attorney General of Ontario, and the Attorney General of Canada. This lets the court know that you intend to dispute the charge with a charter claim. You must do this more than two weeks (15 days or more) before your court date. If mailing the forms, again, be sure to use registered mail. Once you have submitted these forms, go to your originally scheduled court date. If you don't submit these forms, your motion will be denied, regardless of the amount of time since your court date.

    Notice of Constitutional Question form:
    Sample from e-laws.gov.on.ca
    Sample from FYST

    At your court date, when you are called, you must immediately motion for a stay of proceedings based on your section 11b charter rights (and explain why you feel your section 11b rights have been violated). You must make this motion pre-plea (i.e.: before you have plead guilty/not-guilty). If your motion is accepted, this will get you off the hook right away. Note that you will have a lot more difficulty proving your case if changed your court date without a good reason. If your motion is denied, you will have to proceed to trial.

    I will point out that this is not a black and white deadline. It's not like, after exactly 8 months, your case will automatically be dropped. The Askov ruling was way back in 1990, and a lot of things have happened since then. Generally, the 8-month 'deadline' is more of a guideline than an actual deadline. For example, in cases where there is a lot of evidence to go through, it is not unusual for trials to be scheduled more than 8 months from the offence date. Like every motion you make, you have to be able to give reasons why your motion should be accepted. You could argue that for something as simple as an HTA violation in which there is very little evidence or paperwork, an 8+ month wait time is unacceptable. Generally, the further your court date is scheduled past the 8-month marker, the better and easier it is to have it dismissed on a charter claim.

    The ruling that 'superceded' R. v. Askov is R. v. Morin. Essentially, to show that your section 11b rights have been violated, the following are considered:
    1. the length of the delay; (you have to show that the length is unreasonable)
    2. waiver of time periods; (did you waive your section 11b rights?)
    3. the reasons for the delay, including
    (a) inherent time requirements of the case, (some cases have a huge amount of evidence to go through)
    (b) actions of the accused, (did you cause delay in any way? changing court dates, etc.)
    (c) actions of the Crown, (did the crown cause delay in any way? fail to give disclosure, changing the court date, etc.)
    (d) limits on institutional resources, and (if everyone is waiting 1 year for their court date, a 1 year wait time might not be seen as unreasonable).
    (e) other reasons for delay; and
    4. prejudice to the accused. (have you suffered any prejudice as a result of the delay?)

    If you are serious about making this motion, you should read the ruling
    here, starting from page 787 Also, you should definitely be prepared to go to trial the same day, just in case your motion is denied by the JP. I'll say again that there is no exact time frame after which your rights are considered violated. It's pretty much up to the discretion of the JP (influenced of course, by how convincing your arguments are, as well as whether or not the JP is having a good day), although I suppose you could appeal the decision if the ruling is not in your favour and you really feel that your rights have been violated."
    #27
  8. dwayne

    dwayne Silly Adventurer Supporter

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    In Canada, Traffic law is under provincial control. As previously noted each province negotiates its own agreements with other provinves (states). I believe all of the provinces now have agreements.

    I have had speeding tickets in the states, and none have shown on my Alberta drivers abstract. In Alberta the drivers abstract is what the insurace companies use to verify their rates. So when asked if I had tickets on my record I would say what my abstract included.

    I pay all my fines, on time, I want to ride in the States without going to jail.

    BTW the US National Park fines are really good value:evil .
    #28