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Unidentified at Scene
- Thread starter ramon1234
- Start date
I did years ago in my car, took it court f it was thrown out without contest.
But that was 20years ago and things were more relaxed with the laws.
Your best to talk to a lawyer.
OpenGambit
Banned
oh just fight it and pick the prosecutor option.
The cop still has to prove it was you operating the motor vehicle.
SpeeDemoN
Well-known member
I guess that's what court is for. Ticket still received though...
Ticket is written proof of a charge. There's a difference between a charge and a conviction.
as you've already figured out, one of the essential elements to get a conviction is identifying the driver; having said that, there maybe a witness other than the officer
it really depends on the seriousness of the charge; if they reviewed traffic cams, local stores... maybe a gas station where you pulled up, and removed your helmet?
everytime a motorcyclist with a full-face helmet gets pulled over the first thing LEOs ask you to do is, "please, remove your helmet"; that is to identify you with your DL
the reason you see a lot of people get off the hook for high speed chases, is because officers usually loose sight of the vehicle and either call it off ... catch up to them or wait for them at home; they will still give you as much hell as possible (s172 impound, arrest, lawyer fees)... even though nothing will stick in court
edit: even your facebook/twitter pictures with your gear on, it all adds some weight for the crown
it really depends on the seriousness of the charge; if they reviewed traffic cams, local stores... maybe a gas station where you pulled up, and removed your helmet?
everytime a motorcyclist with a full-face helmet gets pulled over the first thing LEOs ask you to do is, "please, remove your helmet"; that is to identify you with your DL
the reason you see a lot of people get off the hook for high speed chases, is because officers usually loose sight of the vehicle and either call it off ... catch up to them or wait for them at home; they will still give you as much hell as possible (s172 impound, arrest, lawyer fees)... even though nothing will stick in court
edit: even your facebook/twitter pictures with your gear on, it all adds some weight for the crown
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ramon1234
Well-known member
that describes mostly what happened. The officer may have seen the rider for a quick second before he took off, and he probably has some semi-related neighbor complaints but that's about it.
I've been pulled over by OPP for speeding, and during the exchange, I asked him if he wanted me to take off my helmet and he said No. Checked all my docs, and then let me go.
.
My layer always told me if I never took off my helmet, Im all good when it comes to court...Pretty much impossible to identify without reasonable doubt with a helmet on...Bring your helmet to court, even better if you have a tinted visor..
no tinted visor
They're cheap enough. Get one
awyala
Guest
Isn't there that case out in BC where the dude was doing 300kph on his mom's R1 and posted the vid on you tube. They eventually nailed him because they were pursuing a conviction against his mom, so he fessed up.
It is my understanding they pursue the registered operator of the vehicle unless the owner can prove it was stolen or lent out. If the owner cannot prove that, it is assumed the owner was in charge of the vehicle at the time.
Not sure if it is done that way here, but it also works like that in the UK.
The guy in BC fessed up to spare his mom the conviction as it appears.
the BC case is probably much more complicated than we think, there is no such thing as "assumed" in the court of justice; everything has to be proven without reasonable doubt
he may have "fessed up" to protect his mother from the entire affair; maybe he didn't want his mother to be character assassinated by the media, family and friends; imagine your mother's face on magazines, newspapers, TV and online being associated with your dumbass decisions
prosecution probably made a pretty good plea-deal where his mother would be left out of charges
__________
http://forums.beyond.ca/showthread/t-282456.html
October 21, 2009
WASAGA BEACH, Ont.
Weatherbee
Member
Every case is different, no one can give you a perfect answer without knowing all the details.
Has someone ever been convicted of offences even if they weren't stopped by the police at the time? Yes.
Best bet is to get disclosure and representation, and roll the dice. But you probably knew you were rolling the dice when you didn't stop....
Has someone ever been convicted of offences even if they weren't stopped by the police at the time? Yes.
Best bet is to get disclosure and representation, and roll the dice. But you probably knew you were rolling the dice when you didn't stop....
You take your helmet with the tinted visor to court as evidence that it was impossible for the officer to positively identify you - by demonstrating that you looked exactly as the officer described you? Do you say "this is what I was wearing that night when I was out riding in that neighbourhood? Or is it enough that the officer simply has to admit that he couldn't identify you?
I would just be worried that by showing anyone your gear it lends weight to the officer's description of you. I would be tempted to show up without any gear and rely on the court to throw it out because you weren't identified. I don't know which would work better, but the that's the key, isn't it : "Wasn't me."
Yeah, cause your insurance company will just LOVE that conviction that'll still be on your record, regardless of what deal you work out with the prosecutor. lol.
Unfortunately it seems guilty until proven innocent lately. Unless you can get someone to fess up, they assume the vehicle owner was the one in operation at the time, and it's your duty to prove otherwise (i.e. bike was stolen, here is police report, etc.).
-Jamie M.
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