Yes I deserved it. It was Friday afternoon and I was heading to Fairview Mall to pick up the GF. Coming along westbound on Sheppard I was texting her “I’m here” as I pulled into the laneway to enter the parking lot.
I pull up along the mall side close to an entrance to wait and I see a cop WALKING through the parking lot. I didn’t think much of it. Then as my GF gets out the mall and towards my car passenger side I notice he’s the cop is walking towards me as well right the driver door. I think he’s just gonna tell me I can’t park here and to move.
He bends over a bit and says “I saw you on your phone, drivers license…” I was like. WHAT THE FUCK! (I’m my head). Hand it over etc. Does his business and hands me a ticket 5 minutes later and leaves saying “Stay off the phone next time”
Sure I deserve it but just wondering how much of a case he has if I take this to court. I’ve done many mock trials before and feverishly studied the TicketCombat website.
Arguments:
How can he be sure that when he walked from where ever he was on Sheppard to the mall entrance he did not lose sight of the car and ticketed the wrong guy? The parking lot/mall was very busy at the time.
I make a story that I was never on Sheppard and was actually in the mall for the past few hours. Came out grabbed the car and picked up the GF by the entrance.
OR even say I came from another entrance.
Regardless I’ll be requesting Disclosure asap. What do you guys think? I cannot take this charge and see how high my premium will rise eventually…
^ It’s no points. If you take it to court, they may just lower it a bit. It’s tricky because these are the type of cases that almost EVERYONE can agree on, kind of like getting a DUI. You deserve it, no offence.
However, I’ll be requesting a court date. If I don’t get a trail withing 11-14 months I believe it’ll get thrown out. Ill request disclosure and If I don’t get it the case will get thrown in court. If I do get it and his notes are not complete, I can challenge his evidence at trial. BUT if his notes are really precise, I may just plea bargain to a lesser charge on the trail date.
in a parkinglot i would of just pretended not to hear/see him and casually drive away. by time he runs to his car, opens it, calls it in, starts his car, and starts driving, your already half way home… assuming he cares enough to even chase you and be burdened with the ungodly amount of paper work involved in such a task
if you booked as being in the parking lot and not on the road it doesnt matter because its private property. The highway traffic act doesnt apply to parking lots, unless its a criminal offence like DUI.
go in say you dont have a job and it will be lowered to 37.50, the minimum. I did that when i got my fuckin 10 over ticket, i didnt have a job at the time and it worked out. And you can get crazy extensions to pay, the lady infront of me got 8 weeks to pay her 40 dollar ticket.
Yeah. I definetely would have drove away, if I knew he booked me. I didn’t know i was booked, that’s why when he was walking up to my car I thought I didn’t even think he was coming to me. Then when I realized he was coming my way, I thought it was just to get me to not idle infront of the mall.
If I seen him on the road, I would have been long gone.
I thought about the parking lot too, but the offence written on the ticket mentions on the street itself. Even though he caught up to me in the parking lot.
Don’t think into it too much or think of a defense just yet, just wait for your disclosure then go from there.
Your assuming too much at this point. If he saw you like he stated, chances are there are detailed notes regarding him seeing you.
Your argument #1 If he has any clue on how to do his notes he can easily note you using your cell phone and maintaining full view of you without interuptions, and at this point you do not know where he was positioned.
#2 This one the any crown with half a brain will start asking you questions… you better have your “mock” answers in order. I do NOT recommend this, stick to #1 after reviewing the notes discrediting his notes with actual facts to back it up and homework on your part will have a better result for you.
#3 Nope, because if he has in his notes he had full view of you at all times from committing the offense to parking your car it becomes your word versus his… and His word/written notes holds much more weight than you saying “No I didn’t”
Just request your disclosure early then go from there… AND you should probably edit your posts with abit less detail heh
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Never run (unless you are sure you cannot be identified with plates etc LOL), you might as well dig yourself a grave… ignorance is no excuse. Just not worth it.
His ticket is valid, the place of the offence was the street… doesn’t matter where he gave you the ticket. I believe it says “Location of Infraction” or something along those lines and thats exactly where the infraction occurred.
does this stupidity actually effect my insurance? its not just some gay by-law that dosent matter to my driving record?
if this is true I better stop using my phone to video cops that are on there phone! lol
^ Sorry but that is very false information… IF he was driving around the parking lot with his cell phone and texting then yes that whole private property argument can apply. In this case the cop found committing on public roads. It doesn’t matter if he pulled into private property and the cop gave him the ticket on private property the offence was committed on public roads. You could be speeding down your street going 20 over, just because you pulled into your driveway doesn’t mean a cop that clocked you speeding cannot give you a ticket afterwards or demand for your i.d etc.
There is case law with people doing the exact same thing and were arrested for running or refusing to give ID. in all cases the charges stuck and the arrests were ruled as lawful.
Seriously don’t take the advice of people saying you could have ran or your ticket doesn’t apply etc… that is horrible advice.
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There are no demerit points attached to this offence… YET. With anything with insurance tho they can up your premiums whenever and for whatever reason they like really. All depends on your insurance company and how full the moon is that day lol
My point was that if he gave him the ticket because he commit the “crime” on private property, then he should fight it. if it was givin to him because the cops saw him on it before he even got into the mall then that’s a different story…relax buddy
Really, what I meant was if I noticed him and I honestly knew I was on the phone, however do not see him waving me down I would try to drive off. Obviously if he’s waving me down to pull over I would not drive away.
Agent240 really valid points. I guess my first moves are to request a trial and disclosure. If I don’t get my right to a speedy trial or full disclosure I can request a stay of proceedings. I’ll have to go from there and see what happens.
Wrong. he said he used it pulling into the lot, as in on the road.
ALSO PARKING LOTS have a “grey” area where they meet public roads, in this area HTA applies. Like the stop signs at the edge of the property are HTA covered.