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David, sorry I hadn't seen this article before you closed the books on it - however, maybe this advice can help others.

I came across a good article on the web some time ago when I was helping someone that was a bit stressed out about a ticket - it is Ontario centric, but I'm sure a lot of it applies to other jurisdictions.

The net of it is, you have the right to disclosure from the prosecution, by sending a written request for a boat-load of information prior to the court date, if they don't send it, you have every right to request the case be thrown out, they will likely just give you a date in the future, and very often that date (because it is given on the spur of the moment) does not coincide with a date the officer will be scheduled to spend the day in court - if he doesn't show up, the case is dismissed - if they don't provide the required documentation prior to the second court date, you are very likely to get the case dismissed - or if they try to drag it out even further, it can be dismissed as the courts may agree that they have violated your right to be tried within a reasonable amount of time.

Net, for the person I was helping out, they went with one of the traffic ticket specialists (OTT I think), made sure that they defined up-front that a 'win' would be the case dismissed (if you say getting rid of the points is fine, then that's all they'll try to do). I think it cost $200 all said and done - no need to go to court, and the case was finally thrown out.

Here's the article for you do-it-yourselfers in the crowd...

http://www.magma.ca/~fyst/

Last thought - I have a coworker who received a ticket that had an error on it (wrong location) - when he went to court, they acknowledged their error and 'innocently' asked if they could change it, he said NO, and that he was not at the location identified on the ticket at the time and date indicated - the case was immediately thrown out. If he had said 'yes', they would have had him.
Last edited by 5754
Interesting, but Quebec is different. They don't have to send you anything, nor does the officer have to be in court. They can even make mistakes and correct them. And if you're English it's even worse - they simply don't care about you.

I was able to beat many points in Ontario using TICKETS.COM. But consumer protection against Provincial laws is just not available in Quebec. So we do what our forefathers did, we lie, cheat and steal our way out of trouble.
So here's the update. My lawyer was NOT able to negotiate a settlement. The prosecutor claims the speed as recorded is absolute and not negotiable.

We have a new court date, March 17. I have found a new defense lawyer who is a car guy that specializes in these cases.

I will let you know what happens - provided they allow inmates access to a computer.
While she was 'flying' down the road, a
woman passed over a bridge only to find a cop with a radar gun on the
other side lying in wait.

The cop pulled her over, walked up to the car, with
that classic patronizing smirk we all know and love, asked, 'What's your hurry?'

To which she replied, 'I'm late for work.'
'Oh yeah,' said the cop, 'what do you do?'

I'm a rectum stretcher,' she responded.

The cop stammered, 'A what? A rectum stretcher?
And just what does a rectum stretcher do?'

'Well,' she said, 'I start by inserting one finger,
Then work my way up to two fingers, then three, then four, then with my
whole hand in. I work from side to side until I can get both hands in,
and then I slowly but surely stretch it, until it's about 6 feet wide.'

'And just what the hell do you do with a 6 foot asshole? ' he asked.

'You give him a radar gun and park him behind a Bridge...'


Traffic Ticket - $95.00
Court Costs - $45.00
Look on the Cop's Face................PRICELESS
David,
I did a bit more searching, and can't believe the number of forum posts out there of people complaining about the Quebec courts when it comes to speeding tickets.

I found one case of someone who beat a ticket - it was a Rabbi rushing to a circumcision, and the judge accepted his argument.

There's another post I just found (from 2008) with some advice and suggested contacts:
http://www.gtamotorcycle.com/v...wthread.php?p=743250

Here's some of the pertinent stuff...

>>>
The courts are obliged to serve you in English or French as you choose ... you have a right to be tried in English or given an interpreter.

In Quebec the cops don't need to show up in court. So he might not be there. Although you can ask for a postponement, and state that you would like to summon the cop (witness). ...

Other than that, here are a few ticket lawyers/paralegals:
1. www.sosticket.ca They normally ask for people to contact them 7 days before the court date.
2. (514) 767-4398 This is the number of a guy, who is a lawyer. He is a moderator on montrealracing.com, is a biker and a tuner driver.
3. (514) 842-4649 this is the number for another lawyer - "Emile H Benamor"'

SOStickets is the cheapest one of the above. They charge $90+tx flat fee, which includes 2 points (if they get that off). For every extra point that they get off its an extra $60 i think. The other ones too are not very expensive, will just cost you $40-50 extra...

Another thing, montreal lawyers are more inclined on making plea bargains... If you don't want that then discuss that with them
>>>

Hope the above helps.

Good Luck, and keep us posted!
Last edited by 5754
And one other thing, I've got to believe that even in Quebec you are entitled to full disclosure from the prosecution. And, unless I'm wrong about this, you should have your lawyer immediately request disclosure of all evidence that the prosecution has in the case - and request it be provided in English (and get dated proof of delivery of your request). If they don't deliver the information, then, in court you or your lawyer requests that the case be dismissed (or a stay of proceedings - whatever the correct terminology is in Quebec). The prosecution will likely ask for an adjournment to a future date, and if you get that far, then your lawyer will either make some progress on the plea front, or will request that the officer be summoned at the future date as a witness (I believe even in Quebec if you request they subpoena the officer, then he has to show up, the third thing your lawyer may do (if your next court date is far enough in the future) is put forward a motion that your constitutional right to a speedy trial has been infringed.

All of the above is done for a couple of reasons...
1) To ensure you get a fair trial - the law is there for your protection, if they are not willing to disclose evidence, how can you prepare a proper defense? And if they drag things on too long, then your memory (and that of the witness) of what happened becomes hazier - again, impacting your right to a fair trial.
2) To ensure that they really believe prosecuting you is the right thing for the court system to spend their time doing (if they give up because of the challenges you're making, then obviously, their case isn't strong enough, or they think they'd be better off prosecuting people who don't put up a fight).

Of course, I'm not a lawyer, and I certainly haven't read much about Quebec legal proceedings, so take my advice with a grain of salt.
Russ,

Thanks for the leads and your help with this. Unfortunately, I have a final court date in less than a week so I'm stuck with what I've got. The lawyer figures he can at least negotiate a few MPH off the offence which would cut the demerit points to less than half. Any financial saving will be taken up by his fees for sure.

Your idea is fine, but my problem is that according to the Judge and Quebec law, any evidence I wish to present has to be able to withstand cross examination. Which means that if I used Road and Track's 0-60 times for a Pantera then I need to bring the Editor of Road and Track or a testing expert to court. Same with a physicist to deal with my formula for linear acceleration. I then have to have a GPS expert testify regarding the data recorded on my GPS. At that rate I am in for thousands in expenses for these experts. That, I guess, is the whole point. So we suck it up and negotiate - if we're lucky.

On the upside, I have fought and won or reduced almost all of the tickets I got in the past 10 years. The downside is that prior to that I also lost my licence. Twice. Now with the new laws in place, I am getting ready to watch them take the cat away one day and crush it into a little cube.

When that happens, I'll have some time to start over with my next dream Pantera. This time, a black primer shell with zero comforts, 800 HP and 20" wheels.
What if you sold your cat to someone (a spouse perhaps?) for say, $50 and then leased it back indefinitely for say, $1/month, if you get caught for speeding, would they be able to take it away and crush it if you were not the owner?

Just a hypothetical question the next time you're talking to your lawyer :-)


And just to be clear on my advice above, I'm not suggesting that you present any evidence yourself, but merely that you request they provide you with all of their evidence in advance of the case and in English (this includes copies of any notes the officer wrote down as well as copies of both sides of the ticket) - this should be your legal right, and if they don't comply, then the judge should either throw out the case or give them an adjournment to put together and send you the material - oftentimes the prosecution isn't up to the bother of this and will give up. But as you say, it's only a week away, so you'd have to get the request couriered to them ASAP - two weeks is considered plenty of notice, but even a few days may be sufficient in the eyes of the court.

I'm just encouraging you to fight tooth and nail, I wouldn't want to see a cat smooshed into a little cube in the future because this one is on your record.

Good Luck!
Points, tickets and insurance....
I spoke to my insurance broker (State Farm) regarding speeding tickets and insurance rates.
I have an allowance of 2 speeding tickets before my rates go up. These speeding tickets can be 10kmh or 30kph over. It doesn't matter. Nor do the amount of points matter to my insurance company. Points have eveything to do with the Ministry of Transportation. If you get 15 points, the ministry will take your licence away, not the insurance company.
If you are leaning towards losing your licence from excessive points, then it makes all the sense in the world to go and fight the ticket and reduce points. If you don't have alot of points and you go to court to only have the ticket reduced in speed and no points, then you've lost a days pay to only have the ticket fine reduced. You're insurance will still see "a ticket", points or no points.
Will
quote:
Originally posted by INZOWHO:
Next big ticket I'm going to try this one:

For most of us it is not the fine that is the problem. It is the demerit points and what the insurance industry will do to you if you get enough points against you.

I have NOT tried this myself but I know two guys that swear by it.

When you get the ticket. Sign it and mail in the payment by check only ADD an additional 10 dollars to the amount. The courts will realize you have overpaid and mail a refund for the 10 dollars. DONT cash the refund. If the accounting department has an outstanding financial issue they will not send the case number for closure. No closure, No conviction, No points. Apparantly you can keep the conviction and points off the books pretty much indefinately.

I have no idea if a stunt like this will work in the U.S.

If it really does work, it's a pretty slick way to keep a clean driving record.
Doug M


Not true
http://www.snopes.com/autos/law/ticket.asp
Man you Canadian have it rough up there ...and there is so much land you should have an AUTOBAHN with speed limits to match.

Ron
____________________________________________

Unfortunately, while we have some great driving roads, we also have a population that fervently believes "speed kills". It is a matter of cherished belief in Canada that a bored idiot driving a '74 Pinto with iffy brakes causing havoc by going 10 km/h below the limit is OK, but a competent, attentive driver who has invested in a mechanically optimized high performance vehicle is a public menace if they exceed the speed limit by any amount.

In Canada, we have 3,000 traffic fatalities per year and this causes the Safety Nazis to demand ever more draconian laws that take all the joy out of driving (instead of pushing for safer roads and better driver training, which might actually do something to address the problem). At the same time, we have on the order of 23,000 deaths annually due to preventable medical errors in our hospitals. No one says a damn thing about that, though, because our precious universal health care system is a sacred cow.

My answer is to try not to think about the lunacy too much lest I lose what little remains of my own sanity, and simply invest in a good radar detector. Then, if I pick up a ticket here and there, I simply look at it as just yet another tax I have to pay for the privilege of living in this lotus eating la-la land.
Right on Peter! Well said.

As a matter of fact, I have family who have been marketing medical software that prevents mistakes in patient medication in hospitals. Although they have sold these systems to hospitals around the globe, making sales in Canada is next to impossible.

As for protecting ourselves from speed freak police, we are not as free as you folks in the West. Drivers in Manitoba, Ontario, Quebec New Brunswick, Newfoundland and Prince Edward Island are further preyed upon by being restricted from owning radar detectors.
quote:
Originally posted by David B:
... As for protecting ourselves from speed freak police, we are not as free as you folks in the West. Drivers in Manitoba, Ontario, Quebec New Brunswick, Newfoundland and Prince Edward Island are further preyed upon by being restricted from owning radar detectors ...


David, radar detectors are legal in So Cal. And the steaks are on me dude.
I am still at liberty.

The trial date today was the court's "final date" with no possibility for extension. Given that fact, the smartass prosecutor was unwilling to negotiate a settlement.

On my instructions, my lawyer threatened to bring in several expert witnesses to support my extensive documentation on this case (thank you Bohdan for the generous offer to testify) as well as calling in both police officers involved in the ticket. This would suddenly require them to set a new date, contact the officers and incur some expense - if I won.

However, surprise, they decided to negotiate, and with me on the phone, they agreed to accept a 6 kph reduction which would make it 2 or 3 points (instead of 5 or 6) and about $120 instead of $835. Not bad.

I would love to post my defense (my lawyers said it was the best they had ever seen) but it's too large to attach. I will try to reduce and post later.

Free at last...
David,
First, let me say congratulations. Big tickets are much harder to fight and win than little ones. Very thorough defense indeed! I guess the only thing the prosecution missed is that a highly modified car is going to accelerate much quicker than a magazine test of bone stock equipment. Good for you.
Doug M
I wouldn't worry about the maps or GPS. I actually walked the distance with a wheel to confirm these measurements. And my GPS is very accurate. Ask Bohdan.

But, there are indeed several major loopholes in my defense. Can you spot them?

As for the police, or the courts, all they would have to do is Google me and Pantera and they will easily find enough youtube videos to quickly destroy any credibility I may have presented.
I work in the GPS industry. We sell high-end GPS tracking and messaging system to the oil and gas industry. I have heard from many clients that they were able to use our active GPS 'map trace' function (and supporting minute-by-minute reports) to have speeding tickets outright dismissed in court. I have ask for some more details in light of this thread. I will post the steps they took in their defence (while maintaining confidentiality, of course), but I would assume their logic to be similar to David's with the main exception being that they actually had real-time GPS evidence to present.

In other news, I was called by my insurance company (Aviva - brokered by Competition Insurance) and I was offered a 30% reduction in my 2009 premiums because I have just installed an active GPS system into my cat. Once I'm able to hit the road again, I will send links to the GPS data that I pull from our software. I am wondering if I'll be able to peak the GPS speed-o over the 300 km/h mark ... if only for a minute. Eeker
quote:
Originally posted by EA #3528:
I work in the GPS industry. We sell high-end GPS tracking and messaging system to the oil and gas industry. I have heard from many clients that they were able to use our active GPS 'map trace' function (and supporting minute-by-minute reports) to have speeding tickets outright dismissed in court. I have ask for some more details in light of this thread. I will post the steps they took in their defence (while maintaining confidentiality, of course), but I would assume their logic to be similar to David's with the main exception being that they actually had real-time GPS evidence to present.

In other news, I was called by my insurance company (Aviva - brokered by Competition Insurance) and I was offered a 30% reduction in my 2009 premiums because I have just installed an active GPS system into my cat. Once I'm able to hit the road again, I will send links to the GPS data that I pull from our software. I am wondering if I'll be able to peak the GPS speed-o over the 300 km/h mark ... if only for a minute. Eeker


So what happens if there was an accident (lets hope not) and the Ins. Co. gets a hold of the GPS and sees that maybe the accident was caused by the fact that the car was doing say 140mph? Then they decide they don't what to pay for the claim? Some things BIG brother doesn't need to know. Just a thought.
Overall, an impressive package, but since you asked about 'loopholes', here's what caught my attention (much of it 'tongue in cheek') ...

First off, your estimates are from a standing start, in fact, you were already traveling at some speed going around the corner and probably already clocking and in 2nd gear with your foot to the floor at the point where you began measuring the 402 feet (not exactly a 0-60 situation).
There is also no way to know for sure that the photo of your GPS unit was truly taken immediately after the infraction (if you tell me it was, I'd believe you, but that doesn't mean the courts would) - here's what struck me about the GPS photo (1) It shows your max speed was only 40miles/hour for the trip (ok, something tells me your genetic code won't let you take a drive in the cat with a max speed of only 40mph.) (2) It shows your stopped time was only 10:17 - did he really get your license/ownership/insurance, run it and then issue a ticket in only 6-7 minutes (I'm allowing for about 3-4 minutes for traffic lights and stop signs during your excursion).
(3) I'm assuming that you were out to enjoy the cat for a while, and the ticket would have put a huge damper on that, but did you really just turn around and go home? The out-and-back mileage on the GPS just makes me go hmmm.
(4) The date stamp on the picture of the GPS is from '07 - admittedly you may not have set the clock on your camera, but it does call into question when you actually took the picture.

Next, since I'm not sure from the pictures what obstructions may have existed, I don't know why you show in "2" such a short distance for where "radar could have recorded speed of vehicle" - I would have thought he could have still picked you up much closer to point #3, and therefore your total distance for acceleration would have been well over 500 feet.
Finally, the distance from #4 to #5 makes me think you must have been going a good clip for the cops to need that much distance to catch you burn rubber

Please feel free to knock any of my ideas - it's just what I came up with, and there are likely problems with my assumptions.

I'm glad you beat most of the rap.
party Smiler
Last edited by 5754
quote:
Unfortunately, while we have some great driving roads, we also have a population that fervently believes "speed kills". It is a matter of cherished belief in Canada that a bored idiot driving a '74 Pinto with iffy brakes causing havoc by going 10 km/h below the limit is OK, but a competent, attentive driver who has invested in a mechanically optimized high performance vehicle is a public menace if they exceed the speed limit by any amount.

In Canada, we have 3,000 traffic fatalities per year and this causes the Safety Nazis to demand ever more draconian laws that take all the joy out of driving (instead of pushing for safer roads and better driver training, which might actually do something to address the problem). At the same time, we have on the order of 23,000 deaths annually due to preventable medical errors in our hospitals. No one says a damn thing about that, though, because our precious universal health care system is a sacred cow.

My answer is to try not to think about the lunacy too much lest I lose what little remains of my own sanity, and simply invest in a good radar detector. Then, if I pick up a ticket here and there, I simply look at it as just yet another tax I have to pay for the privilege of living in this lotus eating la-la land.


(Have been out of town - getting caught up on the posts)

RIGHT ON PETER !!

In the aviation business, when a pilot does something "questionable" - rather than improve training, piloting skill, situation awareness etc., we are tasked to engineer out the stupidity. Unfortunately, the "engineering out" affects the whole community. I feel the attitude of simple lawmakers is much the same on the roads - easier to try to "engineer out" the problem in a politically expedient way (that may or may not make any sense).

We should be training our drivers to:
1) Know and maintain their vehicles,
2) Know their driving skills
3) Know the condition of the roads they are driving on.
4) Respect the weather conditions.
5) Respect 1 - 4 and drive accordingly.

Or, we can believe in Darwinining selection and assume the bored idiot will be "naturally selected out".

I wonder what the German accident rate is? Surely, part of the price of the Autobahn is to ensure a vehicle is maintained roadworthy manner

I have just adopted Peter's view of looking a speeding tickets as another form of TAX.
Last edited by andriyko
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