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Unidentified at Scene
- Thread starter ramon1234
- Start date
OpenGambit
Banned
What the **** are you talking about.
A prosecutor won't drop your charges out of the blue. He'll wanna go for at least one HTA offense conviction. Whether you get nailed for 1km/h over or 31km/h over, your insurance company rates it as a "conviction". That way, you don't benefit from cutting a plea deal, you just waste time off work, fuel and parking money by meeting with the prosecutor.
I wouldn't bring in the helmet if it's distinctive. My buddy got nailed that way.
He was reported by a driver on the DVP (he was speeding in excess of 50+ and weaving/splitting) cop came and handed him a ticket for careless because of the driver's statement. It went to court and he was convicted due to his helmet being distinctive, the cop testified to seeing that helmet locked to the bike when he dropped off the ticket. His defence that the helmet was commercially available didn't hold up since the witness also had the plate number and bike description.
He was reported by a driver on the DVP (he was speeding in excess of 50+ and weaving/splitting) cop came and handed him a ticket for careless because of the driver's statement. It went to court and he was convicted due to his helmet being distinctive, the cop testified to seeing that helmet locked to the bike when he dropped off the ticket. His defence that the helmet was commercially available didn't hold up since the witness also had the plate number and bike description.
Winning in court requires the officer to prove he could identify you without reasonable doubt. So by bringing in a helmet and putting it on, you prove erasable doubt. As it's pretty much impossible to identify someone %100 wearing a helmet. Even if it was the same helmet the culprit wore. As most helmets are not one off, and can be bought or worn by anyone. the point is you put it on then ask the cop how can you identify me, not the helmet itself but the person wearing it
I personally have never done that in court, but a good friend of mine did and won the case.
Your friend should have easily won't that case, identifing a helmet shoul not be enough to convict a person. Even if it's a one off helmet anyone can wear it. Yes that is your helmet but you were not the one riding the bike the officer is after.
OpenGambit
Banned
I don't know why you think he wouldn't drop it if you can convince him he can't get a conviction. that shoudln't be that hard on this kind of ticket. I have gotten more than a few tickets dropped this way. 80% of my tickets end at the prosecutor's desk.
I didn't say anything about reducing it, or working out a "deal", unless deal means dropping the charges.
Its not a conviction. all he got was a ticket. so I repeat my question. what the **** is jamie talking about.
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same happened to me many years ago took it to court with legal aid back then brought my brother in with his helmet we both put on our helmets and police officer was asked if he could distinguish difference between the two of us and of course the answer was no so it was thrown out of course
That may work in real court, but this is a different venue. The city prosecutor won't wanna hear anything but "I'm guilty" or "I'm willing to accept a deal." I've gone to meet with'em when it was obvious that they didn't have a snowball's chance in hell of convicting me, but they still made me go to court and make an additional appearance (including more time off work, fuel waster, parking fees paid) and they dropped the charges there - didn't even get to the JP. Had fewer people showed up on those occasions, chances are they would have still tried to make them stick. They're trying to punish you at every step.
One other thing you need to remember: You get paid and your expenses covered for going to court. The rest of us lose pay, get on the bossman's shitlist and have out of pocket expenses, so it's a game of numbers and they aren't looking good for us non-lawyers. That's why it's better to just send in your disclosure request and any plea deals can be cut before court's in session.
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OpenGambit
Banned
I go to the same court as everyone else to fight tickets, they don't have special court for me when I get tickets...
Secondly, I did this before and after I became a lawyer, and even now, I almost never bring up the fact that I am a lawyer. But what I can say is that every time I end up in a prosector's office in toronto, I leave without the ticket.
I also dont' understand why you think i get paid to go to court for my own traffic ticket.
Regardless of all of that, it doesn't change the fact that a ticket is not a conviction and Jamie's comment is nonsense.
If you told 99% of the people here to "visit the prosecutor", 98.5% of them would come home with some type of conviction. Just telling them to meet with the prosecutor without further explanation is bad advice.
-Jamie M.
OpenGambit
Banned
how do you exit the prosecutor's meeting with a conviction champ?
apparently getting a ton of tickets really doesn't make you an expert. go figure.
But if you want to make up stats, then if you made 99% of your posts on this forum are in the HTA section, then 98.5% of your posts would be complete BS.
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They will talk you into a plea deal at the prosecutors meeting, the conviction just comes a bit later.
-Jamie M.
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