looks like the northern most member of this forum got nailed for something i thought only happened to you southern boys.
street racing
err, sorry, the ticket says stunt driving.
the police had pulled me over for speeding (120 in a 90) literally in the middle of nowhere (google matheson ontario) first thing this guy does, is check my dash vin against my ownership one. great, he’s seen fast and the furious too many times. about 5 minutes into this bullshit, some random woman pulls over in front of me. she calls the cops over.
apparently i was swerving in and out of traffic on our little two lane highway, and i almost caused a head on collision. well, according to her. she works for the courts apparently, so they were going off her version of things when they informed me of my latest ticket.
is this even legal? taking someones word over my passengers, and my own? i wasn’t doing what she said i was, i’m very cautious when passing. i dont swerve in and out. anyone with any experience please chime in. i know this is bullshit, so please keep the comments on that to yourself. i’m looking for help in this matter.
would it be feasible to bring a civil suite against her? have her pay for all my bills? possibly even a criminal one? i think at the very least what she did was mischief. i want her to end up with a criminal record, and lose her job for pulling this type of shit.
also, are the cops untouchable in this type of situation? anything i can bring up against them?
I’m so sorry to hear this man, I have no idea about civil law suits so I can’t help you there but best of luck. I don’t see how she can do that tho. Not right
you can bring it up in court, but all they might say is that the passengers is covering for the driver. so the passengers is tainted!.. you can have a suit brought up on her, she will have to prove beyond a shadow of a doubt that it was you… so make her describe your car ie: color, rims, spoiler, lights, tints… anything that will set your car apart from maybe a similar own in your town. You make her unsure on ONE fact the car story is garbage and will show an abuse of power due to position in law system to influence the officer to not treat you fairly when statements are given, cause of a pre judgment on you, and your vehicle
get what i am trying to say!!??
hey. sorry to hear, a police officer can do pretty much anything within the law as long as he has reasonable grounds. in court he has to prove u to have Mens Rea (guilty mind) , and actus reas (wrongfull deed), the stunt laws were past last year … so there is a good chance u can set precedent. pm me if u need help
i think what she did would be considered hear say… the officer did not see you commit these so called dangerous maneuvers, and unless she was an off duty officer or has video proof i dont think it will stand up in court. thats like me going to a cop and saying my neighbor was driving very fast and cutting cars off! they cant do shit cuz they didnt see it happen, all they can do is try to get you to admit that you did it , if they can’t do that they have nothing. other then the initial speeding charge you were stopped for. so because they charged you with stunt driving , im assuming your car was impounded and license suspended correct?
yep, impounded, license suspended. i was over an hour away from home when all this happened. my car could looks like almost any other one on the highway. it’s white, 2 door fastback coupe. but now, there aren’t too many of these up north either. i told the officer i had passed a few vehicles behind a transport on a long straight stretch. he seemed to think i had done something terribly wrong by doing this. i think i told him it was 4 or 5 vehicles. didn’t say anything about speeding though.
They dont need to prove mens rea to convict you. And i’m sure there were hundreds of cases prior to the OPs, if there will be a precedent set, it would have already happened; and at the cost of a very expensive lawyer.
I was under the impression the police offer in question had to see you do something wrong before he could charge you with said offense. Example would be I’m driving drunk and someone see’s me swerving all over the road so before I get caught, I pull over and change places with my passenger “who is not drunk”. So further down the road a cop finally pulls me over based on a phone call of someone swerving all over the road. So once the cop finally pulls us over he cannot charge the passenger for being impaired because he did not witness him actually driving the car.
So I would book a date in court to see a prosecutor and mention that fact. That the cop did not witness you do anything wrong and instead took a statement from some random person and then charge you with an offense you did not commit. If the prosecutor will not do anything then tell them you want to go in front of a judge and tell the judge the same thing. The cop did no witness you do anything wrong and the person who claimed you did has no proof to back up their claim so since their is no evidence that you did anything wrong how can you be charge ?
which exact part of stunt driving did you get charged with?
ie., what was the stunt they are claiming you performed?
any decent lawyer will get you off of these charges.
as far as the $1000-$1500 you’re out for towing, impound and license reinstatement fees… MAYBE you can go after that lady in civil court… but I wouldn’t hold my breath.
there is no recourse for recovering the towing/impound fees, even if you are subsequently found not guilty.
hence why the law ought to be deemed unconstitutional
Wait, lemme just clarify…u were doing 120 in a 90…and then got ticketed for stunt driving based on that…so what did the lady have to do with anything…or am I missing something? Would you not have gotten the same ticket whether the lady was there or not?
didnt read all the postings but what she did shouldnt have any affect in the matter as it is hear say which means shit in todays society
if he was just going to charge you for speeding then changed the ticket after she stopped and talked to you then it should be an easy win
get a laywer and tell him what happened and so forth and it should be dropped
I still dont’ understand, how you got charged for stunt driving, and your car got impounded, when the law is for 50 over, not 30 over (120 in 90). What am i missing.
And yes, you can bring a civil case against that woman and hire a sick lawyer to defend you against the charges brought on by that woman’s statement.
the woman cant do much unless she puts you under citizen arrest then the cop will site you with a ticket where she must appear in court if this does nnot happen call a ticket lawyer tell them that you will be droped of those charges if she did that then you will have to fight her in legal court ie., not civil
depends on the crown in your area… if they have balls they may try to take it to trial, and the witness will have her ‘professional rep’ on the stand when your lawyer will rip into her making her a poor witness etc…\
get disclosure and figure out “what happened”, according to the little book
Your matter is real simple. Book a date in court. Choose the option to have the police officer and all witness’ present. The woman was used as a witness. She probably wont show. Offense should get dropped
Also have your witness’ present for the said date.