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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 04-12-2018, 07:35 PM   #1
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Excessive Speeding Requirements

I'm curious as to if there are any requirements/documentation that needs to be satisfied before a officer can issue an excessive speeding ticket and impound your car? Something say like proof that you actually were excessive, etc.

A little bit of a back story: I was pulled over in Richmond last night by a pair of Richmond RCMP officers in an unmarked, and unusual car - silver early 2000's Nissan Altima. I tried to be as courteous as possible and opened all windows so the officers can look into the car to see that I had nothing to hide, and I kept my hands visible the whole time. She was most definitely not polite but gave me a warning and told me how much she saved me on court costs, etc and let me go.

That got me thinking, if say an officer is having a bad day, or the driver was being a prick and pissed off the officer, what's stopping the officer from issuing an excessive speeding ticket and having them impounded "as a punishment" even though they may not have been excessively speeding? I've seen my fair share of friendly cops, but also have seen ones that were power tripping and threw the book at people despite really minor offenses.
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Old 04-12-2018, 08:41 PM   #2
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There is an official definition for excessive speeding. You have to be going more than 40 km/h over the speed limit. The ticket is more expensive if you are going more than 60 km/h over the speed limit. Your car will be towed and impounded for 7 days if it's your first offense, longer if you have done it before.

I recall being pulled over once for going about 100 km/h in an 80 zone. The cop just told me to slow down a bit and that was it.

Seems to be a very odd thing for a cop to tell you. You sure that was a legit cop?
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Old 04-12-2018, 09:08 PM   #3
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I don't know, if you were actually speeding and she let you off, she might have been curt, but you still got a warning in the end. A dash cam would be pretty substantial if anything went to court.
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Old 04-12-2018, 09:11 PM   #4
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That got me thinking, if say an officer is having a bad day, or the driver was being a prick and pissed off the officer, what's stopping the officer from issuing an excessive speeding ticket and having them impounded "as a punishment" even though they may not have been excessively speeding?


What is stopping them? How about service court, criminal prosecution for falsifying evidence in a legal process and loss of a career...plus civil costs involved...just to start? No body I ever worked with would be that much of an idiot to risk all that....just for a traffic ticket.
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Old 04-12-2018, 09:29 PM   #5
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Quote:
Originally Posted by EvoFire View Post

A little bit of a back story: I was pulled over in Richmond last night by a pair of Richmond RCMP officers in an unmarked, and unusual car - silver early 2000's Nissan Altima. I tried to be as courteous as possible and opened all windows so the officers can look into the car to see that I had nothing to hide, and I kept my hands visible the whole time. She was most definitely not polite but gave me a warning and told me how much she saved me on court costs, etc and let me go.
if i saw you do that i know exactly whats up with that wacky tabacci

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Old 04-12-2018, 10:40 PM   #6
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Originally Posted by UnknownJinX View Post
There is an official definition for excessive speeding. You have to be going more than 40 km/h over the speed limit. The ticket is more expensive if you are going more than 60 km/h over the speed limit. Your car will be towed and impounded for 7 days if it's your first offense, longer if you have done it before.

I recall being pulled over once for going about 100 km/h in an 80 zone. The cop just told me to slow down a bit and that was it.

Seems to be a very odd thing for a cop to tell you. You sure that was a legit cop?
Yeah I know the definition, but if it went to court it would be their word vs yours unless one side had definite proof like dashcam or record of a speed gun.

I honestly don't know if it was legit, I was borderline ready to call 911 to have them confirm their identities. The only reason why I didn't was because it was in the middle of the city Richmond, there isn't a history of fake cops in the lower mainland, and she had full uniform and bulletproof vest.

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Originally Posted by zulutango View Post
That got me thinking, if say an officer is having a bad day, or the driver was being a prick and pissed off the officer, what's stopping the officer from issuing an excessive speeding ticket and having them impounded "as a punishment" even though they may not have been excessively speeding?


What is stopping them? How about service court, criminal prosecution for falsifying evidence in a legal process and loss of a career...plus civil costs involved...just to start? No body I ever worked with would be that much of an idiot to risk all that....just for a traffic ticket.
So that means, if say the officer was "bad" and those above things didn't deter them, it would be their word vs the accused? Not saying there are anyone like that, but rather a hypothetical what if, and wondering out loud if there are any safe guards for that happening.

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if i saw you do that i know exactly whats up with that wacky tabacci

She was shining a flash light around the back seats and such. Why not make it easier for everyone involved. I had nothing to hide anyways.
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Old 04-12-2018, 11:08 PM   #7
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I remember when i got my first and only ticket for speeding many years ago, I was N at the time and it was my first offence. I was respectful and politely asked him a few questions. In the end I believe he said something like he clocked me at 72 with his gun but he marked it down to 69 so I wouldn't get a heavier penalty.
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Old 04-15-2018, 08:17 AM   #8
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"I honestly don't know if it was legit, I was borderline ready to call 911 to have them confirm their identities. The only reason why I didn't was because it was in the middle of the city Richmond, there isn't a history of fake cops in the lower mainland, and she had full uniform and bulletproof vest."

Two Members in full uniform in a car with red & blue lights stop you on a public street in the middle of Richmond and you want to call 911 because they are fake police? Really? FYI, the Altima model you describe is used as an unmarked car by RCMP, usually by GIS, Street Crew etc...usually non-Traffic use so that is likely the only reason you did not get charged. You must have attracted their attention for some reason? Maybe your driving?
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Old 04-15-2018, 07:31 PM   #9
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Quote:
Originally Posted by EvoFire View Post
if say an officer is having a bad day, or the driver was being a prick and pissed off the officer, what's stopping the officer from issuing an excessive speeding ticket and having them impounded "as a punishment" even though they may not have been excessively speeding?
With all the checks and balances there are for law enforcement, especially in this day in age, no cop in their right mind would be stupid or egotistical enough to risk that.

You're more likely to have your drink spat in by a waiter that you pissed off than to be wrongfully charged by a peace officer. I can confirm as I used to be a barista in Yaletown during my teenage years....

Which leads to my next point: a lot of life's problems can be solved by just not being a prick.
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Old 05-17-2018, 06:50 AM   #10
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With all the checks and balances there are for law enforcement, especially in this day in age, no cop in their right mind would be stupid or egotistical enough to risk that.

You're more likely to have your drink spat in by a waiter that you pissed off than to be wrongfully charged by a peace officer. I can confirm as I used to be a barista in Yaletown during my teenage years....

Which leads to my next point: a lot of life's problems can be solved by just not being a prick.


I'm workin on that......
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Old 11-24-2018, 12:20 AM   #11
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Originally Posted by zulutango View Post
That got me thinking, if say an officer is having a bad day, or the driver was being a prick and pissed off the officer, what's stopping the officer from issuing an excessive speeding ticket and having them impounded "as a punishment" even though they may not have been excessively speeding?


What is stopping them? How about service court, criminal prosecution for falsifying evidence in a legal process and loss of a career...plus civil costs involved...just to start? No body I ever worked with would be that much of an idiot to risk all that....just for a traffic ticket.
Ok, old post, I know but the YouTube cookie analyzer algorithm must have picked up that I was reading stale RS posts and gave me this gem...


I especially like the first comment:
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Burns, Oregon, May 24, 2018. I got a ticket for doing 80/60. It was black dark, snowing (80 mph would have been suicide) on flat ground in an 18 wheeler governed at 71 mph. I took it to court with a download of the trucks on board computer from the Western Star dealer verifying the max ground speed is indeed 71 mph. Also from the Qual Com GPS a print out verifying the highest speed for the day was 62 mph. I STILL lost. I appealed it (after paying a $265 appeal fee) and lost again. You can't bring any more irrefutable evidence to court and I still lost. So don't count on winning your case just b/c you have evidence proving you were right and the cop was wrong. All the kangaroo court, banana republic, god damn judge, has to do is side with the cop and you're toast. Evidently they have a 100% conviction rate in that kangaroo court.
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