Any severe traffic offence experts out there?

[riu girl]

NEED TO VENT!!!!
While on his motorcycle this morning, DH was charged with
1. careless driving (maximum 6 points and a large fine according to the police officer)

He was pulling a wheelie on his motorcycle and then passed a car on a solid line. Turns out the driver of the car was a police officer.

The officer was very decent about the situation and originally told DH, that he could charge him with four offences (stunt driving including impounding the bike for 7 days, passing on a double solid line, DH doesn't know the other two).

The officer told DH that if he fights it in court, he could end up getting charged for the four offences and reccommended instead that he seek out the assistance of POINTS.

Any advice on how to handle the situation? I told DH he should consider himself very lucky and that he can still cross the border with only a careless driving charge since this isn't considered a criminal offence. Is this correct???

Any advice would be really appreciated since this type of serious charge is very new to us (prior to this ,almost 30 years licensed, DH has only had two minor speeding tickets plus one seatbelt infraction about 20 years ago.

 

[digskat]

take his advice, and use POINTS, they are all former cops and very successful in Traffic cases (maybe he can plead down to illegal pass and speeding). I am pretty sure that there will be no issue at the border, since they don't take issue with Highway Traffic Act offences (I have a Fail to Yield and 4 speeding tickets and never had an issue), and Careless/Stunt Driving stiil fall under that Act.
The biggest issue will be insurance, careless or stunt driving will make your insurance skyrocket. My FTY caused my insurance to go up almost $750/yr, and it is considered a mid-line offence.

 

[sean-1966]

Just out of curiousity is your husband OK. If I had done that my wife would have smacked me good.

 

[Mrs. M. Mouse]

Sean-1966 I totally agree! I would've given dh a good kick in the a$$ if he did that lol!

OP- Use points as the officer suggested, he may have to do a safe drivers course to reduce the charge though....good luck.

 

[Mickey1Fan]

There is a code used on the ticket that the police know what originally happened. You can definintely be charged for all four offences!

Own up to the fact that an error in judgement was used and pay the fine.

Since an officer witnessed it there isn't alot even POINTS can do.

 

[who's ur daddy?]

There is a code used on the ticket that the police know what originally happened. You can definintely be charged for all four offences!

Do you know this for a fact? How can a police officer charge you with something after letting you go? Point me to some law that says that - I can't believe that.

I think there may be some special marking that police officers use to let the prosecutor know that the offence was reduced (something like an "R" at the top corner of the ticket), but that doesn't mean the whole incident is open to new charges, nor do I think that "R" designation means anything either if the prosecutor doesn't want to acknowledge it.

 

[Ham Ham]

Submit the ticket on the last day possible. Ask for a trial and that you will contest the evidence and ask that the officer be present.

Read up here for some tips.
http://www.magma.ca/~fyst/

Once you get a trial date, which will be 6 months to 18 months after the offense date ask the prosecution for discovery. They probably won't respond so you can then motion to have the trial further delayed or dismissed.

Once you get to trial the prosecutor will probably be willing to reduced the charges. The only way you will get out of the ticket is if the cop doesn't show up. Remember even if the offense is reduced to no points it still counts as a conviction and that is what the insurance folks look for to jack up your rates.

Even when you appear at trail you can change your plea to guilty and not be assessed any further charges.

The traffic experts are usually ex-police officers who spent their life handing out these tickets once retired they collect their pensions and use their knowledge of the legal system earn some extra income. They know the system and they can work it. If you are unfamiliar the justice system can be and is designed to be very intimidating.

You may not feel comfortable going to court on your own so using a ticket defense firm may be in your best interest.

If you are wealthy you could throw lots of lawyers at the issue and delay, delay , delay the trial. Funny how if you have money you could easily make the problem go away.

OP feel free to PM me for some specific advice.

 

[Mike2023]

I think the first tip would be "don't be a dumb *** on public roads" Take your bike the the track and have fun there.

Anyways, also if you go to court and a judge decides to "teach you a lesson", you could walk away much worse off.

 

[F4disneyfan]

Ok since no one else has asked the million dollar question I will. What kind of bike does DH ride???

 

[ferris198]

First off, as a wife, I wouldn't be looking at ways to minimize the consequences.
After I kicked his butt, I would make him deal with it on his own.
He could have very easily killed himself, or someone else.
I would remind him of that.

 

[crash2000]

ok here goes, avoid points, they are sammers, and rip off artist's, and yeah they were ex cops, for a reason !

you can defend yourself...


goto the court and ask for a trial date, and also fill out the form for "full disclosure" they will provide an exact copy of the officers notes, so you can see what he recorded.

after receipt of 'full disclosure" call the court and ask to speak to the crown prosecutor, and beg and plead for a lesser charge, maybe the passing on a double line ( they will usually bend in your favour)

the officer cannot add charges at a later date, he just wants to avoid going to court to fight.

and finally insurance is going to hurt, how old is your husband 16? sure acts like one.

 

[dancin Disney style]

I used a 'Points' guy a few years back. I was charged with careless driving causing an accident.

I got a free consultation, after which I agreed to hire the service. They attended court on my behalf and got the charges reduced to an improper lane change. I was fined with no demerit points.

I feel that it was well worth the money.

 

[Scornelius]

Whoa.

I would be absolutely livid with my husband if he did this!

This may be an unpopular opinion, but I think he should just man up and take his lumps. He did something unbelievable irresponsible and dangerous, and I don't think he has the right to clutter up the courts trying to fight it. What would his argument be?? How do you defend such behaviour? From my experience with things like Points, I wouldn't be surprised if they wouldn't even take the case. The only hope would be if the cop didn't show.

 

[Tantor]

Whoa.

I would be absolutely livid with my husband if he did this!

This may be an unpopular opinion, but I think he should just man up and take his lumps. He did something unbelievable irresponsible and dangerous, and I don't think he has the right to clutter up the courts trying to fight it. What would his argument be?? How do you defend such behaviour? From my experience with things like Points, I wouldn't be surprised if they wouldn't even take the case. The only hope would be if the cop didn't show.

good advice

 

[Ham Ham]

Hopefully your DH has learned from his encounter with the police. I don't think anyone here condones or supports his actions. Luckily no one was injured.

Don't know how many posters who would be willing to pay thousands of dollars more per year and years to come in car insurance premiums due to the fact that their spouse made a momentary poor decision.

That is one dilemma facing now the OP.

If it was just a matter of paying the fine and having points against you I'm sure most of us would take our lumps. But the aspect of the extra punishment imposed by the insurance is something we would not appreciate.

 

[cey]

Two years ago we were on the 400 on our way to Barrie when two motorcyclists weaving in and out of cars, decided to pop wheelies. It was the most terrifying experience I have ever had on the 400. Besides putting themselves in danger, they put everyone else around them at danger too, as everyone's attention was on these attention seeking riders! I may get flamed here, but your DH should count his luck stars that he didn't injury or kill himself or others! If he wants to perform stunt tricks, please convince him to do it on a stunt track! Granted he made a mistake, but he needs to take responsiblity for his actions. The officer was nice enough to cut him a break, he should pay the fine, and take the demerit points.

 

[pkitty]

Wow....DH is a copper and contrary to popular belief they must appear in court otherwise they can be charged under the Police Services Act....so the odds of him not showing up especially on a charge of careless are slim to none (his seargent will make sure of that)...looks like your options are Points or going it alone. Regardless your bike isurance is going through the roof....start saving! I am with a few of the others on here, stupid is as stupid does (Forest said it best). No excuse for this behaviour (dh has a Harley and is a member of the Blue Nights......so I get the whole bike thing). I drive past a roadside memorial everyday going to and from work on a stretch of country road where this type of behaviour played a major role in the death of a 20 year old man....I was one of the first persons on scene moments after the accident.....I'll never be the same because of it. No excuses.....pay the piper....it's a fine and points this time, could have been his life or someone elses.::cop:

 

[mom_rules]

I used a 'Points' guy a few years back. I was charged with careless driving causing an accident.

I got a free consultation, after which I agreed to hire the service. They attended court on my behalf and got the charges reduced to an improper lane change. I was fined with no demerit points.

I feel that it was well worth the money.

Exact same thing happened to DD. Same charges - out of town court appearance. Points went to court on our behalf - DD didn't even have to appear got a reduced fine and reduced to 2 demerits (originally it was 6!).

 

[F4disneyfan]

Wow....DH is a copper and contrary to popular belief they must appear in court otherwise they can be charged under the Police Services Act....so the odds of him not showing up especially on a charge of careless are slim to none (his seargent will make sure of that)...looks like your options are Points or going it alone. Regardless your bike isurance is going through the roof....start saving! I am with a few of the others on here, stupid is as stupid does (Forest said it best). No excuse for this behaviour (dh has a Harley and is a member of the Blue Nights......so I get the whole bike thing). I drive past a roadside memorial everyday going to and from work on a stretch of country road where this type of behaviour played a major role in the death of a 20 year old man....I was one of the first persons on scene moments after the accident.....I'll never be the same because of it. No excuses.....pay the piper....it's a fine and points this time, could have been his life or someone elses.::cop:

It happens quite often that the cops around our area do not show up they just do not have the time. I have a few friends that are cops they are supposed to be scheduled days for cour appearances but many times they just don't get to go because they need to be on duty.

 

[digskat]

It happens quite often that the cops around our area do not show up they just do not have the time. I have a few friends that are cops they are supposed to be scheduled days for cour appearances but many times they just don't get to go because they need to be on duty.

same in this area. No shows are common, because officers schedules don't match up with court times/dates. It is tough enough to get a full compliment of officers for a shift, so they can't/don't change shifts for all court appearances.