Being caught afterwards | GTAMotorcycle.com

Being caught afterwards

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Kiwi40

Member
So I "friend" got ticketed for speeding when he was pulled over doing the speed limit. Police say they radar him earlier on another street close by and that his bike color, jacket and helmet identified him since they didn't catch him earlier and they don't have a plate.

They impounded his bike and suspended his license.

What should he do?
 
I think you're right on beating it. They were trying to get him to incriminate himself by admitting he was on the road where they run the radar on him and he repeatedly denied which kind of makes me think they got nothing.
That sucks about the $$ he will be out of pocket and the license suspension inconvenience.
They asked him many questions but every time he asked for proof he got the same answer "ask for disclosure on your court date"
Should he hire one of those lawyers or should he represent himself and what advice would you give/what should he say in court?

Thanks
 
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If that happened to me and I wasn’t the one speeding earlier, I would go to the police station and talk to a supervisor. See what they have to say? Be polite and professional.
 
Fuzzbuster said:
If that happened to me and I wasn’t the one speeding earlier, I would go to the police station and talk to a supervisor. See what they have to say? Be polite and professional.
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There was a supervisor there, they're all on the same side, back each other and corrupt
 
Do NOT talk to the police. Ever. Nothing good can come of it. Let the lawyers do the talking. Let the lawyer talk to the police department if the lawyer decides that this is the right thing to do. The words of a lawyer carry more weight in their eyes than the words of (in their view) the perpetrator.

You need legal representation yesterday if not sooner.
 
Interesting. Then put in a complaint. Also write down all pertinent information including what happened, who said what, weather conditions, direction of travel, etc. Things get forgotten quickly especially with how long cases are taking due to covid. Obviously ask for disclosure and calibration records once available. The officers notes should also include info regarding the earlier incident. Check the status of the ticket here once the option to fight the ticket is chosen.

Check the status of traffic tickets and fines online or request a meeting to resolve your case

Get information about tickets or fines for how much you owe, where to pay and how to request a meeting with a prosecutor before your trial. Look up your ticket
www.ontario.ca www.ontario.ca
 
Don't file a complaint until AFTER the court case is resolved (hopefully, resulting in the ticket being dismissed). The last thing you need to do, is tip your hand that you're going to be putting up resistance. Let a LAWYER decide when and where to file a complaint.

Again. LAWYER. A real one - not a traffic-ticket paralegal.
 
Consult a few lawyers, do not hire one. Go to the first court date. You are allowed to talk to the prosecutor. You can also talk to the police officers. If the police officer is at the court ask for an adjournment to seek legal counsel. If the officer is not there then you are not guilty. The courts are also very backed up so it could get tossed. If you hire a lawyer (real or not) they will always go for a deal, which you can easily achieve yourself. They rarely are able to get you off entirely (which should be your only goal) because they know all the prosecutors and go for the deal. Just offering advice! Pay more money if you want!
 
Thanks, those are very good points. No need to line a lawyers pocket when they can't do anything before see a disclosure they're running blind, much like myself ATM until the court date. If no show then no case to and saved a chunk of change. IF anything in the disclosure than will advise friend to use a real lawyer but not in favor of them doing deals, esp when they have no face or plate since my friend wasn't there.
 
Even if you were 100% at fault, same procedure every time. Plead not guilty. Cases can be adjourned multiple times until the officer is not present. As long as you are respectful of the court and have a decent reason to adjourn the judge will give you the opportunity. Always worth a try if you have time to go there. Remember end goal should be dismissed not reduced. Reduced is easy and can be achieved by anyone. As for avoiding the suspension that requires manipulating the officer at the moment of the infraction. You have a very brief moment to interact with the officer when you provide your license, ownership and insurance. Obviously in this case we are talking about past tense so not applicable.
 
Yes, s$%* or bust, reduction not an option, only dismissal. Friend told me if they lose you in line of sight during a chase they can't pick you up later without a plate and since my friend wasn't there in the beginning they have no case.
 
Can I ask which area this incident took place at?
I wonder if they have video footage or pictures to show as proof.

And does anyone know what what a real lawyer/firm looks like (one that specializes in traffic/ HTA laws - not sure if something like this would fall under criminal law)?
How does one know how to distinguish between a business that uses actual lawyers vs paralegals?
 
Kiwi40 said:
Thanks, those are very good points. No need to line a lawyers pocket when they can't do anything before see a disclosure they're running blind, much like myself ATM until the court date. If no show then no case to and saved a chunk of change. IF anything in the disclosure than will advise friend to use a real lawyer but not in favor of them doing deals, esp when they have no face or plate since my friend wasn't there.
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Bad advice get a real lawyer now not a paralegal. This will be ugly and you need to be ready. Especially if you want to file a misconduct case after.

Sent using a thumb maybe 2
 
If there is video evidence that will be a big factor but not always the nail in the coffin. Unfortunately, you can not see that video until disclosure is provided. Consult several lawyers, get feedback and discuss pricing. Ask them about possible outcomes. I guarantee you they will say that they can get it reduced but not dropped. Narrow down your choice in lawyers and have them basically ready to go. I don’t know one lawyer out there that will turn work down especially if they already know the specifics. They always have minions they can send. If you are not comfortable speaking in front of a courtroom then you may have to hire a lawyer. But I would imagine you have ample time to decide.
 
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