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Challenging speeding ticket!

BookerL

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Question!! What do you mean by "wait for the disclosure of the evidence before explaining anything"? Even to the Lawyer I can't tell what actually happened?

The best is always wait for the evidence !
You have a PM

As ridiculous as it looks police officers do make mistakes in there written statement ,plate numbers ,colors of vehicle,models etc etc etc .
For example it happen to me ,they wrote a Ford Windstar ,I had a Freestar and so forth ,so waiting for the evidence is always better .




Cheers




Booker
 

EagerBeaver

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BookerL,

Where I practice law, police reports are deemed inadmissible hearsay, with the exception of certain portions such as admissions by parties. If B52 hires an attorney he can leave the objections and worrying about when and what to object to, to the attorney. That is what the attorney is being paid for.

Also, we now have a law that police reports cannot be used in court in ANY way without redactions of personal identifying information such as dates of birth and, if someone has suffered personal injuries and sought medical treatment from a motor vehicle accident or crime, the identities of the treatment facilities must also be redacted. This is due to HIPAA, a federal privacy law (HIPAA = Health Insurance Portability and Accountability Act of 1996).

As far as waiting for the evidence, where I practice you can go and look at the prosecutor's file and see what the evidence is, at any time. If there is a radar report, the police report etc. it's all in there.
 

bigbossman

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Never admit to speeding. How is that not entrapment anyways when they ask if you know how fast you were driving?? Also, never plead guilty. Always try to plea bargain for a reduced fine and reduced points on your license, or at least the reduced points. You'll be glad you did if you get another ticket in the next 18 months. Having said that, don't get another ticket for the next 18 months, lol. You risk more penalties from insurance companies and DMV if you get enough points in that time period.
 

BookerL

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Hello all and EB


Obviously my recommendation is to hire a lawyer ,which I have sent B52 in private messaging ,
I do have different lawyers specializing in different fields ,but since I was being ticket often on my second job which was Booker driver ,a competent lawyer in my jurisdiction was a must ,
A for the laws in your jurisdiction and in Quebec it seems to be way way different ,but you are a great read anyway


BookerL,

Where I practice law, police reports are deemed inadmissible hearsay, with the exception of certain portions such as admissions by parties. If B52 hires an attorney he can leave the objections and worrying about when and what to object to, to the attorney. That is what the attorney is being paid for..

Interesting differences !
What is admissible evidence in jurisdiction ,for speeding,red light ,stop ,passing by the right lane ,illegal left turn not involving injuries nor crime
Also, we now have a law that police reports cannot be used in court in ANY way without redactions of personal identifying information such as dates of birth and,.
A formal iditification is required here also ,which is one of my main defence in my last adventure
What I did is have more then one similar vehicule platted under the same corporation .
All Ford Freestar Vans same year same shape,slightly different colors ,but a night very hard to tell the difference ,many postponement puting the case and memory as far away as possible so the police officer wouldn't be able to confirm without a reasonable doubt which one was the actual Van .I am avoiding certain elements on purpose but giving enough so you can understand the rest
if someone has suffered personal injuries and sought medical treatment from a motor vehicle accident or crime, the identities of the treatment facilities must also be redacted. This is due to HIPAA, a federal privacy law (HIPAA = Health Insurance Portability and Accountability Act of 1996).

When it involves personnal injuries or possible crime ,you are personnal injury lawyer in your jurisdiction ,obviously you must know ,what you are talking about
As far as waiting for the evidence, where I practice you can go and look at the prosecutor's file and see what the evidence is, at any time. If there is a radar report, the police report etc. it's all in there.
Same thing here for traffic tickets



Thanks for your posting



Cheers




Booker
 

PSEfreak

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BookerL

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Hello EB and all


I have some very interesting questions for all other board members and you .

Have you or are you aware how police officers are trying to remove escort drivers from the street .
In Montreal a common practice is to make drivers admit that they are either escorts drivers or stripper ,which a nice $1,500 - $2,000 fine goes with it ,attacking the pocket is a nice dissuasion strategy don't you think ?

Over a period a 20 years I was never ticketed for this however for the rest no admission is required .

When you drive at night ,4- 6 ,18-22 years old girls in a Van you more subject to police interception then others .

Verification ,proof of age ,and willingness of the girls ,where always in question .

Some police officers are more zealous then others trying a way to ticket ,lights ,bumper dents ,rust or anything exaggerated ,to many passengers for seat belts ,broken mirror ,etc etc etc .


How is it,in your states where you practice ?





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Booker
 

EagerBeaver

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BookerL

Where I live there are no escort agencies and there are no escort drivers. Everything is WAY underground. Such is true even in New York City. As noted in the New York City thread, the business model has shifted since the Internet age to the Underground Party. See the New York City thread for more details. I just got invited to my first underground party in NYC. I am going as a guest of a private club member.
 

Sol Tee Nutz

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Look behind you.
My son got a high ticket and went to court on his own, when he went there ( before court started ) a prosecuter ask him what his plea was going to be and my son said not guilty, the prosecuter asked if he would plea guilty to a lesser charge and after haggling the ticket went down two levels ( saved a lot ). After it was done the prosecuter told him it was to speed up the court system
 

BookerL

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BookerL

Where I live there are no escort agencies and there are no escort drivers. Everything is WAY underground. Such is true even in New York City. As noted in the New York City thread, the business model has shifted since the Internet age to the Underground Party. See the New York City thread for more details. I just got invited to my first underground party in NYC. I am going as a guest of a private club member.

Hello EB and all

Different Country different states different laws ,interesting,but when they catch underground,they must be very aggressive on the charges ?
Well hopefully you will enjoy yourself with the ladies !


So if I understand correctly ,the business model in Canada ,Montreal specifically isn't underground according to your statement ?

Agencies and Indies doesn't recover or send neither Provincial nor Federal sales tax ,very few escorts declare some revenues out of this business and its still not underground economy

The underground economy (UE) is business activity that is unreported or underreported for tax purposes. It can be particularly widespread in industry sectors where cash transactions are common, such as retail, hospitality, and construction, including home renovations…..just to name a few.

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Booker
 

EagerBeaver

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Booker L,

Read this- this is typical of the business model in NYC and the party I got invited to is exactly like this one but in a restaurant and they change locations every week:

http://www.nytimes.com/2014/06/01/n...an-proves-that-vice-is-hard-to-kill.html?_r=0

By the way I heard that this club was busted- bad move talking to the NY Times. Writer was not discreet, way too many details, NYPD put their Sherlock Holmes on it. Underground means underground, it does not mean blabbing about your illegal business to the NY Times. They made a bad mistake in trusting the writer to be discreet about their location and he wasn't.

Montreal model is not as underground- it's like moles just below the surface of the grass! Not really underground, just a little bit. Ever see a mole burrow a lawn?
 

BookerL

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Booker L,

Read this- this is typical of the business model in NYC and the party I got invited to is exactly like this one but in a restaurant and they change locations every week:

http://www.nytimes.com/2014/06/01/n...an-proves-that-vice-is-hard-to-kill.html?_r=0

By the way I heard that this club was busted- bad move talking to the NY Times. Writer was not discreet, way too many details, NYPD put their Sherlock Holmes on it. Underground means underground, it does not mean blabbing about your illegal business to the NY Times. They made a bad mistake in trusting the writer to be discreet about their location and he wasn't.

Montreal model is not as underground- it's like moles just below the surface of the grass! Not really underground, just a little bit. Ever see a mole burrow a lawn?

Well I understand the differences you are referring too,as different levels of interpretation .
Publicly more hidden ,in your scenario !




Cheers




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A12B

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Paying the fine, higher fine, or the legal fees doesn't bother me much. I am left with 2 or 3 points if I am not wrong... Two weeks ago I got a ticket for driving 125 in 100 zone. Eventhough I was driving with the flow, and the officer said I was doing 124, he wrote 125! (Different fine bracket)!
so thats 8 points in 1 month, I guess double g is right, I should go easy on the accelerator but it's hard to do when you drive in sport mode all the time :(
not gonna try dos ticket or that crap, they are just a company that hands your case to lawyers. I rather deal directly with the lawyer.

i found a forum that is similar to merb, m4e, ended up with 2 phone numbers of "the best of the best" lawyers for such cases.
I will give this a try, if money is all I would loose, I would definitely give it a try.

Sucks to to read your story doc!
thanks for the legal info and your expertise eagerbeaver!


B52,

If you're left with only 2 or 3 points after this ticket, you can negotiate with the prosecutor explaining you need your licence to earn your living. I had a friend who was in the same situation as you. He went to court with a lawyer and entered in a plea bargain with the prosecutor stating he will plead guilty, agreeing to pay the fine but need relief for points due to the fact that a car is his means of earning his living. He is a salesman on the road, 3 kids and a wife to support. With no licence, it means no job and no money to support the kids .... . The prosecutor accepted and presented it to the judge, who agreed also ... . Well, he was apologetic and all the sucking that comes with it. He got caught 57 km/hr over speed limit (157km/hr) on the 401 going to TO. They pounded his car plus the fine plus the points. It's a nightmare when that happens.
It's worth to spend the money with a lawyer and the advice that lawyer has for you. In the end, it's just a matter of money. Good luck.
 

transatlantic

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Well I understand the differences you are referring too,as different levels of interpretation .
Publicly more hidden ,in your scenario !




Cheers




Booker

Montreal isn't anywhere close to being underground. Anybody (no account needed) can look at the ads on merb, send an SMS, and a girl shows up. Easier than ordering pizza.

In the US there are varying degrees of references or verification involved. Some wouldn't even reply without multiple up to date industry references.
 
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