Stunt Driving ticket | Page 2 | GTAMotorcycle.com

Stunt Driving ticket

suprPHREAK said:
"it wasnt me on the bike, your worship"
"then who had your bike?"
"i dont know, but it wasnt me"
"you dont know who had your bike? was it stolen?"
"not that I am aware of.."
"do you often loan your bike out to people you dont know?"
"never!"
"then who had your bike?"
"it wasnt me"
"im holding you in contempt"

You MUST admit who had your vehicle, otherwise you are interfering with the investigation.
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hum... NO

"Who was on your bike"
"....silence..."
"Can you please answer the question"
"....silence....."
"If you don't answer the question..."
"Your worship, I invoke my right against self incrimination."
"...hum... ok. Officer Bubbles, do you have any evidence that Mr. Joe Public here was on the bike in question?"
 
Splash said:
hum... NO

"Who was on your bike"
"....silence..."
"Can you please answer the question"
"....silence....."
"If you don't answer the question..."
"Your worship, I invoke my right against self incrimination."
"...hum... ok. Officer Bubbles, do you have any evidence that Mr. Joe Public here was on the bike in question?"
Click to expand...
That "right" is the Fifth Amendment, and it applies to the United States. This is Canada. There is no Fifth Amendment in Canada. The closest thing we have is the Canada Evidence Act.

If you are called up on the stand to give evidence in a trial, you MUST answer the questions posed to you even if they incriminate yourself. The Canada Evidence Act lets you give evidence in a trial against another without having your words then be used as evidence against you, but if the trial in question is your own, you have no such protection against self-incrimination.
 
turbodish said:
That "right" is the Fifth Amendment, and it applies to the United States. This is Canada. There is no Fifth Amendment in Canada. The closest thing we have is the Canada Evidence Act.

If you are called up on the stand to give evidence in a trial, you MUST answer the questions posed to you even if they incriminate yourself. The Canada Evidence Act lets you give evidence in a trial against another without having your words then be used as evidence against you, but if the trial in question is your own, you have no such protection against self-incrimination.
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This is absolutely untrue. In Canada, you are not required to give evidence against yourself, however, if you do choose to give evidence in support of your claims, you must then answer questions put to you, that might be to your detriment. You cannot be "called to give evidence" in a case against you.

Please consult sections 7 and 11 of The Charter of Rights and Freedoms, if you disagree.
 
Rob MacLennan said:
This is absolutely untrue. In Canada, you are not required to give evidence against yourself, however, if you do choose to give evidence in support of your claims, you must then answer questions put to you, that might be to your detriment. You cannot be "called to give evidence" in a case against you.

Please consult sections 7 and 11 of The Charter of Rights and Freedoms, if you disagree.
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Let me clarify - if you are called by your defence counsel to give evidence on the stand, or choose to do so yourself, you must answer anything put to you. In Canada there is no legal protection against self-incrimination once you are up on the stand at your own trial. There is some protection only when you are on the stand at the trial of another person.

My response was in light of this claim:
Splash said:
"Who was on your bike"
"....silence..."
"Can you please answer the question"
"....silence....."
"If you don't answer the question..."
"Your worship, I invoke my right against self incrimination."
"...hum... ok. Officer Bubbles, do you have any evidence that Mr. Joe Public here was on the bike in question?"
Click to expand...
Clearly the person in the quoted section is already on the stand giving evidence. He would not have any American Fifth Amendment right or Canadian equivalent to refuse to answer the question being put to him. That is the context for my reply.
 
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When the officer gave you the ticket, did them mention if your licence was suspended for 7 days or not?

Also, request a typed disclosure. That maybe an interesting read.
 
turbodish said:
Let me clarify - if you are called by your defence counsel to give evidence on the stand, or choose to do so yourself, you must answer anything put to you. In Canada there is no legal protection against self-incrimination once you are up on the stand at your own trial. There is some protection only when you are on the stand at the trial of another person.

My response was in light of this claim:

Clearly the person in the quoted section is already on the stand giving evidence. He would not have any American Fifth Amendment right or Canadian equivalent to refuse to answer the question being put to him. That is the context for my reply.
Click to expand...

Then you should have left out the comment, "If you are called up on the stand...." ;)
 
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