Help Was This A Legal Pullover And Ticket?
#1
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Help Was This A Legal Pullover And Ticket?
Well I was driving in the right lane and all of a sudden I see a cop fly by at 160 in the left lane just crusing... So I go into the left lane and drive 130 kph... Traffic hits 100 km/h hes been infront of the whole way then when it gets 2 100 he comes behind me and pulls me over. Hi you were speeding you were going 140 I know this because you were following..... First of all I was doing 130 he wouldnt let me talk. Was this even leagal what he did, he was breaking the law and then he pulled me over? He reduced it to 115 $ 50 $ tickets no demerti points, this was on the 401 towards oshawa.
I am going to fight it, this is my first ticket and I feel really bad because I dont really speed, I just go with the flow of the traffic. If he radared me ya I wouldnt be pissed or if he matched my speed from behind me I wouldn't be so mad and depressed.....
PLZ HELP, what are my chances on winning this?
I am going to fight it, this is my first ticket and I feel really bad because I dont really speed, I just go with the flow of the traffic. If he radared me ya I wouldnt be pissed or if he matched my speed from behind me I wouldn't be so mad and depressed.....
PLZ HELP, what are my chances on winning this?
#2
Originally Posted by liquidg
Well I was driving in the right lane and all of a sudden I see a cop fly by at 160 in the left lane just crusing... So I go into the left lane and drive 130 kph... Traffic hits 100 km/h hes been infront of the whole way then when it gets 2 100 he comes behind me and pulls me over. Hi you were speeding you were going 140 I know this because you were following..... First of all I was doing 130 he wouldnt let me talk. Was this even leagal what he did, he was breaking the law and then he pulled me over? He reduced it to 115 $ 50 $ tickets no demerti points, this was on the 401 towards oshawa.
I am going to fight it, this is my first ticket and I feel really bad because I dont really speed, I just go with the flow of the traffic. If he radared me ya I wouldnt be pissed or if he matched my speed from behind me I wouldn't be so mad and depressed.....
PLZ HELP, what are my chances on winning this?
I am going to fight it, this is my first ticket and I feel really bad because I dont really speed, I just go with the flow of the traffic. If he radared me ya I wouldnt be pissed or if he matched my speed from behind me I wouldn't be so mad and depressed.....
PLZ HELP, what are my chances on winning this?
#3
Originally Posted by liquidg
Was this even leagal what he did, he was breaking the law and then he pulled me over? He reduced it to 115 $ 50 $ tickets no demerti points, this was on the 401 towards oshawa.
He can pace you from behind, or in front, or he an use the moving radar that is in a lot of cruisers these days. Based on what you described, he would have no problem at all providing enough reliable evidence to lead to your conviction.
#4
Originally Posted by gldwngr
He wasn't breaing the law, but you were when you started to foloow him. The HTA exempts police from any and all speed limits while in the performance of their duty, whether they are on their way to a call or not.
He can pace you from behind, or in front, or he an use the moving radar that is in a lot of cruisers these days. Based on what you described, he would have no problem at all providing enough reliable evidence to lead to your conviction.
He can pace you from behind, or in front, or he an use the moving radar that is in a lot of cruisers these days. Based on what you described, he would have no problem at all providing enough reliable evidence to lead to your conviction.
#6
peope have to know their rights before getting behind the wheels
#1 NEVER Admit to anything you done wrong
ie. Do u know how fast you were going?
Do you know why i pulled you over?
Always answere no
First thing to come out of your mouth when you get pulled over is: Good evening officer, Why did you pull me over?
Never lie to a cop if you don't want to answere something you don't have to.
IF a cop asks you to search your vehicle, say NO , I don't consent to a search, if he doesn't see anything inside that car that is illegal he has no right to go and search it, if you don't consent and he searches the car, and finds something, even if he charges with it, the judge will tell him to **** off because it was an unlawful search.
trust me i got pulled over last night by 4 cop cars in niagra falls, i had a radar detector, and they tried to search the car, and i said no, they had like 6 cops standing around the car trying to spot the detector inside the car, but no luck and then they let me go.
if you are asked to step out of the vehicle, close your windows, take your key, step out, lock your doors and close them, if you leave the door open it is like an invitation for the cop to go in.
one more thing as soon as you see the cop lights flashing pull over, turn on your lights inside the car, and put your hands on the steering wheel, that way you avoid any hostilities, and make the cop feel safe, especially in dark areas.
Hope this helps some people, i know it got me away from trouble MANY MANY times. and remeber people you have a lot of rights u don;t know about, ALWAYS protect your rights
Nas
#1 NEVER Admit to anything you done wrong
ie. Do u know how fast you were going?
Do you know why i pulled you over?
Always answere no
First thing to come out of your mouth when you get pulled over is: Good evening officer, Why did you pull me over?
Never lie to a cop if you don't want to answere something you don't have to.
IF a cop asks you to search your vehicle, say NO , I don't consent to a search, if he doesn't see anything inside that car that is illegal he has no right to go and search it, if you don't consent and he searches the car, and finds something, even if he charges with it, the judge will tell him to **** off because it was an unlawful search.
trust me i got pulled over last night by 4 cop cars in niagra falls, i had a radar detector, and they tried to search the car, and i said no, they had like 6 cops standing around the car trying to spot the detector inside the car, but no luck and then they let me go.
if you are asked to step out of the vehicle, close your windows, take your key, step out, lock your doors and close them, if you leave the door open it is like an invitation for the cop to go in.
one more thing as soon as you see the cop lights flashing pull over, turn on your lights inside the car, and put your hands on the steering wheel, that way you avoid any hostilities, and make the cop feel safe, especially in dark areas.
Hope this helps some people, i know it got me away from trouble MANY MANY times. and remeber people you have a lot of rights u don;t know about, ALWAYS protect your rights
Nas
#7
Originally Posted by masalma
#1 NEVER Admit to anything you done wrong
ie. Do u know how fast you were going?
Do you know why i pulled you over?
Always answere no
ie. Do u know how fast you were going?
Do you know why i pulled you over?
Always answere no
Great! If you say you don't know, then I guess I can write you up for any speed I feel like. Then when it comes to couirt time, and you dispute the charge and claim that you were not going that fast, your own words ("did not know how fast you were going") can be used against you.
Originally Posted by masalma
IF a cop asks you to search your vehicle, say NO , I don't consent to a search, if he doesn't see anything inside that car that is illegal he has no right to go and search it, if you don't consent and he searches the car, and finds something, even if he charges with it, the judge will tell him to **** off because it was an unlawful search.
And if they do happen to look into your car even just through the windows, and see anything at all that's considered contraband or illegal, that provides sufficient cause to search the entire vehicle for anything else at all.
Originally Posted by masalma
Hope this helps some people, i know it got me away from trouble MANY MANY times. and remeber people you have a lot of rights u don;t know about, ALWAYS protect your rights
Last edited by gldwngr; 11-26-2006 at 12:03 PM.
#8
Originally Posted by gldwngr
It's not just about what your rights are - it's also about what your obligations are under the laws. For someone who claims to "know their rights", you seem to have missed a few of the obligations that limit those rights. Your advice could well land someone in jail if that person doesn't fully understand the limits of their rights.
Your advice could well land someone in jail if that person doesn't fully understand the limits of their rights.
#11
Originally Posted by masalma
well some of your wisdom , what are our rights in case of a search?
If your car is parked on a city street, you have more protection against searhc without warrant, provided there is nothing illegal in plain view through the windows. However, if for some reason you left drugs or weapons, or unattended child, or any other grounds for criminal investigation, then all bets are off and they can enter the car without warrant and even without you being present.
During a traffic stop, if they want to search your car, they have several grounds by which they can initiate a search without warrant. You can't object to or refuse a search based on those grounds.
Now, Canadian law is not like US law with respect to search and seizure. If they are searching your car for one item for which warrantless searches are permitted, but find something else illegal instead, then guess what? US law might exclude that "other" find, but Canadian law will admit it.
#12
Originally Posted by gldwngr
During a traffic stop, if they want to search your car, they have several grounds by which they can initiate a search without warrant. You can't object to or refuse a search based on those grounds.
I would just like to know for future refrences, if i should stuff the radar detector down my pants
#13
Originally Posted by masalma
what grounds are there? just a breif, because when i got pulled over and he asked to search the vehicle, i said no, i don't consent to a search, and there was like 5-6 cops standing around the car with flashlights, i couldn';t find my insurance papers and he asked me to look inside the owners manual "so i could open the glove compartment" but i said i already looked and couldnt find it, so he says i will be back in a sec with your license, and off i went.
I would just like to know for future refrences, if i should stuff the radar detector down my pants
I would just like to know for future refrences, if i should stuff the radar detector down my pants
If they suspect alcohol or drugs in your car, they can search without warrant.
They can also go through your car without warrant to to verify that the vehicle is safe for the road. Potentially this could mean going inside your car or trunk to check for severe rust perforation to the bottom of the car, which in turn means that anything illegal on the floor or in the trunk is now exposed to their view.
If you refuse a search, they can easily find "grounds" for a search anyways, and will likely end up searching even more throughly than they might otherwise because of suspicions aroused by your refusal.
Don't confuse what you see on Law and Order with law as it applies in Canada. They're not the same.