Be warned, another vehicle civil forfeiture

[sapere]

It is official.

Another civil forfeiture case against a vehicle for alleged speeding is underway, and this time the victim is no one else but myself. This has not gone to the media as of yet.

But believe it or not, here is my story:

On the night of Jan 7, I was driving home after dropping my friends off as usual. My route was from Highway #1 1st ave exit all the way to the Gaglardi exit and up Cariboo Hill where I live, which usually takes about 15-20 mins of driving pending traffics. There I was cruising along the highway at 3:30 am, virtually no one was around the highway.

All of a sudden out of nowhere, a black truck started to tailgate me from behind. Natural reaction told me to switch lanes and let it pass, so I did. It didn't bother to pass instead it continued to tailgate. The distance were very close, so I proceeded to speed up to gain a bit of distance for safety. That didn't help at all, the truck continued to tail me all the way till I got off at the exit, up the mountain, and about 1 block away from my house the red blue lights were flashing from the truck. Ahhhh....only took about 20 mins to identify me as a dangerous driver and finally decided to pull me over. Lovely, so much for prevention.

The undercover cop got off his truck, asked me why I was going so fast, what was I doing....etc. Standard questions. He claimed I was going at 190km/h but didn't show me any readings. He also threatened that I was going to lose my car. Then he said he didn't want to talk to me anymore (???). 5 mins later, a marked white RCMP cop came and started talking to the undercover cop. Didn't talk to me, then she simply left (??). Few mins later, a different RCMP cop came, and again, went to talk to the undercover first. Then he came to me and asked all the standard questions again.

He gave me an ASD, which I blew a 'WARN'. Then he proceeded to write me a ticket of excessive speeding and possession of opened alcohol in the vehicle (which really, was just an emptied can and I even told and showed him that). The excessive speeding alone also came with the newly implemented 7 days impoundment, so the tow truck came to take away my car. After which, they let me go with the impoundment notice and the 3 day driving prohibition notice for blowing a WARN for the very first time.

About 3 hours later at 7 am, cops came banging on my door and gave me the blue copy of the actual violation ticket.

7 days later, I went to the impounded lot to pick up my car. The staffs told me the car was gone already. Apparently, the civil forfeiture office took it around 2 days before the impoundment was over.

Ever since then, I've been fighting to get my car back. Had a chat with the crown's lawyer and told him that I had very little equity in the car as it was a fairly new leased car. If they auction it off, everything goes to the leasing company and they don't get a dime because the "interest" of the leasing company must be protected for being an uninvolved party, which then, leaves me to pay the difference between the auctioned price and how much I still owe.

I can assure you all that it will be in the 5 digits range. And no, I don't make 100k+ a year and I don't come from a wealthy family. The car is insured and registered strictly under my name, in other words, I pay the whole thing myself with my own legit hard working money.

Just to give you all an idea of the numbers, the car worths about 50k brand new and it currently worths about 30k according to the black book.

Also on the notice of civil action, they are claiming I was and also is likely to repeat including but not limited to:

1. Excessive speeding
2. Driving without consideration
3. Driving without due care
4. Driving in a manner dangerous to public in light of all conditions
5. Impaired by alcohol contrary to criminal code 253(1)(a)

Which could potentially cause serious bodily harm.

While on the actual violation ticket, I only got excessive speeding so wtf was all those made up bs? Might as well throw the whole MVA book at me. I am also not being criminally charged by the police for impaired driving. Fact is also I've got less than 3 speeding tickets over the course of 8 years of driving in my whole life. 2 of which were regulars and only 1 was excessive and with at least a year apart from each ticket....likely to repeat?
And likely to cause serious bodily harm at 3:30 am in the morning on a ghost highway? If there was anyone who was likely to cause serious bodily harm, it would have been the undercover cop for tailgating at high speed while not on an "official" chase with standard lights on.

Currently, they still have possession of my car after more than 3 months of the incident now. The case is still being fought at the moment. No trial date has been set yet. Pre-trial stuff should be happening in June and I have no intention of succumbing to the draconian forfeiture office.

Settlements have also been discussed. I should not disclose the exact details here but let's just say, their proposal to me was, to put it simply, "lose your car or lose your car", if you know what I mean.....even if they don't get anything out of it.

So yes, this civil forfeiture bs can and will happen to you even if you are only *alleged* of speeding. Obviously, I disputed the violation ticket and will have to deal with it a year later.

Thought you all might be interested in knowing how ridiculous these clowns can get, and if you are also one of their victims, know that you are not alone. Stay tuned as I update with more news as the trial draws closer.

[RevRav]

Originally Posted by sapere

There I was cruising along the highway at 3:30 am, virtually no one was around the highway.

The undercover cop got off his truck, asked me why I was going so fast, what was I doing....etc. Standard questions. He claimed I was going at 190km/h but didn't show me any readings.

If there was anyone who was likely to cause serious bodily harm, it would have been the undercover cop for tailgating at high speed while not on an "official" chase with standard lights on.

So you admit it was at highspeed 'eh?

[sapere]

Originally Posted by RevRav

So you admit it was at highspeed 'eh?

I would think anything above 80km/h is high speed.

[!SG]

the issue comes with the "empty liquor bottle" and also blowing a warning.

that is whats biting you in the ass.

get a lawyer.

[jack3d]

I'd love to be on your side but its hard.. empty can and you blew a warning.. oh man, goodluck.

[10W-30]

I appreciate you sharing your experience online, and you've definitely warned me about the possible consequences.

But what's really bothering me is that you still think drinking & driving plus speeding is ok in the middle of the night on a highway that "virtually" no one is around. To me alcohol plus speeding is just a recipe for disaster, whether to your own body, your friends whom you dropped off, or just some regular joe who decides to use the highway and get caught up with you at the wrong place at the wrong time. Unless you got a breathalyzer with you how can you be sure you're below the limit everytime you drink and get behind the wheel? Just because nothing bad has happened yet doesn't mean everything is ok. Afterall it is a public highway, the safety of the general public (including your own) should be the priority.

It sucks to have your car taken away from you but the civil forfeiture office has certainly got its point across. Just by reading your post I would have second thoughts before flooring the pedal or hitting up a drink, let alone both.

Good luck with your case.

[Birchum]

GL.

[dangonay]

So you sau you've had "less than 3 tickets" then you say you've had 2 "regulars" and 1 "excessive". What were the conditions of those previous tickets (how fast were you going, where were you driving).

They're saying you are "likely" to commit further offences in the future. That usually only comes from having a history, otherwise they can't claim you are "inclined" to repeat.

I'd really like to know your whole driving record. For example, on your previous tickets how fast were you going and where? Were you only 10 km/h over the limit or were you at 39 km/h, or just barely under the excessive speed? How many issues have you had involving drinking and driving, like roadside 24hr suspensions which aren't classified as impaired driving?

I don't think we're getting the whole story here.

[firebird79_00]

Did anyone else notice that was his first post?

[InvisibleSoul]

There I was cruising along the highway at 3:30 am, virtually no one was around the highway.

So about how fast were you cruising at before the black truck showed up?

All of a sudden out of nowhere, a black truck started to tailgate me from behind. Natural reaction told me to switch lanes and let it pass, so I did. It didn't bother to pass instead it continued to tailgate. The distance were very close, so I proceeded to speed up to gain a bit of distance for safety. That didn't help at all, the truck continued to tail me all the way till I got off at the exit, up the mountain, and about 1 block away from my house the red blue lights were flashing from the truck. Ahhhh....only took about 20 mins to identify me as a dangerous driver and finally decided to pull me over. Lovely, so much for prevention.

So he followed you for 20 minutes? And during that time, because he was on your tail, you kept going faster and faster?

The undercover cop got off his truck, asked me why I was going so fast, what was I doing....etc. Standard questions. He claimed I was going at 190km/h but didn't show me any readings.

So how fast do you think you were going?

[originalhypa]

Originally Posted by sapere

It is official.

Another civil forfeiture case against a vehicle for alleged speeding is underway, and this time the victim is no one else but myself. This has not gone to the media as of yet.

But believe it or not, here is my story:

On the night of Jan 7, I was driving home after dropping my friends off as usual. My route was from Highway #1 1st ave exit all the way to the Gaglardi exit and up Cariboo Hill where I live, which usually takes about 15-20 mins of driving pending traffics. There I was cruising along the highway at 3:30 am, virtually no one was around the highway.

All of a sudden out of nowhere, a black truck started to tailgate me from behind. Natural reaction told me to switch lanes and let it pass, so I did. It didn't bother to pass instead it continued to tailgate. The distance were very close, so I proceeded to speed up to gain a bit of distance for safety. That didn't help at all, the truck continued to tail me all the way till I got off at the exit, up the mountain, and about 1 block away from my house the red blue lights were flashing from the truck. Ahhhh....only took about 20 mins to identify me as a dangerous driver and finally decided to pull me over. Lovely, so much for prevention.

The undercover cop got off his truck, asked me why I was going so fast, what was I doing....etc. Standard questions. He claimed I was going at 190km/h but didn't show me any readings. He also threatened that I was going to lose my car. Then he said he didn't want to talk to me anymore (???). 5 mins later, a marked white RCMP cop came and started talking to the undercover cop. Didn't talk to me, then she simply left (??). Few mins later, a different RCMP cop came, and again, went to talk to the undercover first. Then he came to me and asked all the standard questions again.

He gave me an ASD, which I blew a 'WARN'. Then he proceeded to write me a ticket of excessive speeding and possession of opened alcohol in the vehicle (which really, was just an emptied can and I even told and showed him that). The excessive speeding alone also came with the newly implemented 7 days impoundment, so the tow truck came to take away my car. After which, they let me go with the impoundment notice and the 3 day driving prohibition notice for blowing a WARN for the very first time.

About 3 hours later at 7 am, cops came banging on my door and gave me the blue copy of the actual violation ticket.

7 days later, I went to the impounded lot to pick up my car. The staffs told me the car was gone already. Apparently, the civil forfeiture office took it around 2 days before the impoundment was over.

Ever since then, I've been fighting to get my car back. Had a chat with the crown's lawyer and told him that I had very little equity in the car as it was a fairly new leased car. If they auction it off, everything goes to the leasing company and they don't get a dime because the "interest" of the leasing company must be protected for being an uninvolved party, which then, leaves me to pay the difference between the auctioned price and how much I still owe.

I can assure you all that it will be in the 5 digits range. And no, I don't make 100k+ a year and I don't come from a wealthy family. The car is insured and registered strictly under my name, in other words, I pay the whole thing myself with my own legit hard working money.

Just to give you all an idea of the numbers, the car worths about 50k brand new and it currently worths about 30k according to the black book.

Also on the notice of civil action, they are claiming I was and also is likely to repeat including but not limited to:

1. Excessive speeding
2. Driving without consideration
3. Driving without due care
4. Driving in a manner dangerous to public in light of all conditions
5. Impaired by alcohol contrary to criminal code 253(1)(a)

Which could potentially cause serious bodily harm.

While on the actual violation ticket, I only got excessive speeding so wtf was all those made up bs? Might as well throw the whole MVA book at me. I am also not being criminally charged by the police for impaired driving. Fact is also I've got less than 3 speeding tickets over the course of 8 years of driving in my whole life. 2 of which were regulars and only 1 was excessive and with at least a year apart from each ticket....likely to repeat?
And likely to cause serious bodily harm at 3:30 am in the morning on a ghost highway? If there was anyone who was likely to cause serious bodily harm, it would have been the undercover cop for tailgating at high speed while not on an "official" chase with standard lights on.

Currently, they still have possession of my car after more than 3 months of the incident now. The case is still being fought at the moment. No trial date has been set yet. Pre-trial stuff should be happening in June and I have no intention of succumbing to the draconian forfeiture office.

Settlements have also been discussed. I should not disclose the exact details here but let's just say, their proposal to me was, to put it simply, "lose your car or lose your car", if you know what I mean.....even if they don't get anything out of it.

So yes, this civil forfeiture bs can and will happen to you even if you are only *alleged* of speeding. Obviously, I disputed the violation ticket and will have to deal with it a year later.

Thought you all might be interested in knowing how ridiculous these clowns can get, and if you are also one of their victims, know that you are not alone. Stay tuned as I update with more news as the trial draws closer.

quoted for posterity.

Also, good luck with this. Civil forfeiture is bullshit, but in this case you have an uphill battle based on your past record.

[CRS]

Just something to note for the future:

1. If there is no one to pass, stay on the RIGHT lane
2. If you are passing someone, move to the LEFT lane
3. After you have passed, move BACK to the RIGHT lane

I'm assuming you were on the left lane before the truck started to "tailgate you" and then you moved to the right lane? Because it would be absurd to do that backwards. However, if I had changed lanes and the person still tailgated me, I would have simply pulled over instead of speeding up because that person has showed that he/she has no intention of just passing me.

[Phat_R]

Driving at 3:30 AM you are just asking for trouble period

[gdoh]

Originally Posted by !SG

the issue comes with the "empty liquor bottle" and also blowing a warning.

that is whats biting you in the ass.

get a lawyer.

/thread

[dark0821]

GL OP

it sucks to hear...but cops are known to do that.. I known a few friend, myself included where the cop will follow you for a LONG ass time b4 they lit their lights. I think the biggest blunder is the WARN and the opened liquor bottle as someone has mentioned above. Good Luck yo

[Skyline350gt]

Originally Posted by 10W-30

But what's really bothering me is that you still think drinking & driving plus speeding is ok in the middle of the night on a highway that "virtually" no one is around. To me alcohol plus speeding is just a recipe for disaster, whether to your own body, your friends whom you dropped off, or just some regular joe who decides to use the highway and get caught up with you at the wrong place at the wrong time. Unless you got a breathalyzer with you how can you be sure you're below the limit everytime you drink and get behind the wheel? Just because nothing bad has happened yet doesn't mean everything is ok. Afterall it is a public highway, the safety of the general public (including your own) should be the priority.

It sucks to have your car taken away from you but the civil forfeiture office has certainly got its point across. Just by reading your post I would have second thoughts before flooring the pedal or hitting up a drink, let alone both.

Good luck with your case.

Man shit happens, got to live your life. Obviously he wasn't even buzzed blowing a warn, he just happened to be in the wrong place at the wrong time with the wrong pig.

[cococly]

Can someone please advice me what is "blew a WARN"?

Also, if the undercover cop said the OP was doing about 190km/h,which was at least 80-90km/h above the speed limit.

[TouringTeg]

Clearly you were drinking and driving and were also speeding. I doubt you want to post here how fast you were going but it sounds like it was over the limit.

We obviously aren't getting the whole story here.

[jaguar604]

It's 0330am with the road empty and it took him 20 minutes to get from 1st ave to the Gaglardi exit.

[TheNewGirl]

Only 3 tickets all at least 1 year apart? So you're saying for half your driving career you've been a shitty reckless driver culminating in driving around with empties in your car while above the provincial limit?

If that is your outlook towards what makes a "good" driver then this really was a forgone conclusion and I'd beg you to just not bother to try and get your license back. I don't want to share the road with you.

I've driven for 7 years and never had a ticket or even been pulled over. It's not hard.

[s300ae]

no pity party from me. you fucked up. deal with it

[MindBomber]

Given your past driving record and the facts that you admit about the evening, it sounds like the laws are doing exactly what they were designed to do, removing dangerous drivers from our roads.

[donjalapeno]

99.20% of the time cops dont bullshit, there not out in the world too fuck everyone over. if they say you were going fast then you were going fast and the alcohal thing made matters worse.

[Jgresch]

Remove the one part about him tailgating you, maybe he was just getting close to run your plate, and noticed you switched lanes so stayed behind you.... Then you take off, of course he's gonna follow you.
Posted via RS Mobile

[GG]

Originally Posted by Soltaaa

99.20% of the time cops dont bullshit, there not out in the world too fuck everyone over. if they say you were going fast then you were going fast and the alcohal thing made matters worse.

actually i have been bullshitted by a pig 7 years ago, gave me a VI saying my car was lowered. Which in fact my suspension was absolutely STOCK