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Thread: Dirty Badge

  1. #21
    NiteshadeTA's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Smokeandapancake View Post
    Why is it that alot of guys that post looking for advice on how to beat a charge, admit they have been in court a lot in the past??????
    Why is it that people have to make a post that does not contribute to the thread?

    I agree with Kneedragger88 on the Freedom of Information request to the Ministry of Transportation. Best way to go, and gives you room for an adjournment should they take too long in getting you the info. Make sure you make a photocopy of your request form, as well as the registered mail stuff. You may need that in the future.

    Good luck.

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  2. #22
    Moderator Rob MacLennan's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by NiteshadeTA View Post
    Why is it that people have to make a post that does not contribute to the thread?
    Why is it that people have to cast aspersions when titling a thread, rather than asking their question plainly? It's all the same thing.
    Morally Ambiguous (submissions welcome)

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  3. #23
    busaboy
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    Re: Dirty Badge

    [quote=kneedragger88;519047]Have you put in a FOI request with MOT? All it would take is filling one out requesting the number of plated motorcycles issued 990. All government agencies have FOI mandated to them by legislature.

    Thanks knee...I fax my request yesterday....I'll keep you all up-dated....

  4. #24
    Fingolfin's Avatar
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    Re: Dirty Badge

    do you have a lawyer?

    cause if the cop said he knows yo when u walked in, but you claimed you never took off your gear, it would state that in the disclosure. Most lawyers should easily be able to win this for you.

    PS- proving that there are other license plates that start with 990 will do what?

  5. #25
    Moderator Rob MacLennan's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Fingolfin View Post
    PS- proving that there are other license plates that start with 990 will do what?
    It would go toward building reasonable doubt, as there were other bikes on the road at the time and X number of bikes that could have been identified by the first three digits of the license plate, which is how the officer said he ID'd him.
    Morally Ambiguous (submissions welcome)

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  6. #26
    Fingolfin's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Rob MacLennan View Post
    It would go toward building reasonable doubt, as there were other bikes on the road at the time and X number of bikes that could have been identified by the first three digits of the license plate, which is how the officer said he ID'd him.
    but showing a list of plates isn't going to prove those bikes where present

  7. #27

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    Re: Dirty Badge

    Quote Originally Posted by Fingolfin View Post
    but showing a list of plates isn't going to prove those bikes where present
    Its up to them to prove that they weren't present. If the only thing the officer used to identify you was 3 digits from a plate then it opens the door to doubt that is was him. They have to prove you guilty beyond a reasonable doubt.

  8. #28
    Moderator Rob MacLennan's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Fingolfin View Post
    but showing a list of plates isn't going to prove those bikes where present
    YOU don't have to prove anything. THEY do. All that you need to do, is provide some reasonable doubt that you were the person involved, or that the infraction took place at all. Too many people get all wrapped up in court as if it's some kind of contest.
    Morally Ambiguous (submissions welcome)

    "Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde

  9. #29

    Re: Dirty Badge

    Cops are taught to make it stick, "no matter what", so more often than not, your s.o.l. I have some personal experience with this that I'd rather not devulge on here..
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  10. #30

    Re: Dirty Badge

    Quote Originally Posted by TLDeano View Post
    Cops are taught to make it stick, "no matter what", so more often than not, your s.o.l. I have some personal experience with this that I'd rather not devulge on here..

    Yeah that is exactly what cops are taught. Lie, steal, swear, kill, just make it stick!!!!

  11. #31
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    Re: Dirty Badge

    Quote Originally Posted by Smokeandapancake View Post
    Yeah that is exactly what cops are taught. Lie, steal, swear, kill, just make it stick!!!!
    you'd be surprised, ask around here we've all witnessed police officers lie on the stand, obviously they prolly account for 1% of the police force but needless to say they're still there

    I find that some officers don't intend to lie, they just don't want to lose or look bad so they kinda leave out details or misrepresent what happened. Its not blatant, they might not even realise they've done it.
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  12. #32
    Fingolfin's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Rob MacLennan View Post
    YOU don't have to prove anything. THEY do. All that you need to do, is provide some reasonable doubt that you were the person involved, or that the infraction took place at all. Too many people get all wrapped up in court as if it's some kind of contest.
    SO how does a list of License plates do that?
    Is he supposed to say "well... i have a list of licence plates that start with the same digits as mine"

    then what?

    If the cop didn't have the proper plate in the first place when he witnessed the speeding then wouldn't that be the weakness, also because he lost sight of the original speeder?

    I doubt the disclosure says "I witnessed a bike with the first 3 digits, but i failed to see the rest, so I just pulled over a random bike that I saw afterwards"

    how would you work this defence
    Last edited by Fingolfin; 01-23-2008 at 04:27 PM.

  13. #33

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    Re: Dirty Badge

    Quote Originally Posted by Fingolfin View Post
    SO how does a list of License plates do that?
    Is he supposed to say "well... i have a list of licence plates that start with the same digits as mine"

    then what?
    My guess is that in the disclosure the officer said he identified the bike when he caught up later because it had XXX as the first 3 digits but never got the other digits. If you can prove that there are XX number of bikes that have the same 3 digits you can introduce doubt that it was actually him. The officer must have lost sight or was basing his charge off a report from another officer to be on the look out for a bike with XXX at the start of his plate. Hey I've new a guy harassed before because they drive a red bike and earlier the cop say a red bike speeding in the area. You know cause there is only 1 red bike and when the guy went to court and proved that there were X number of red bikes registered in the area and got off.

  14. #34

    Re: Dirty Badge

    This is an easy case to beat, but it's not gonna happen if you represent yourself. Get a mouthpiece, trust me they'll make this disappear for a price.

  15. #35
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    Re: Dirty Badge

    Quote Originally Posted by busaboy View Post
    Ya, I passed this cop sitting at the side of the road, not long after a bunch of bikes passing cars catches up with me and then there gone again, soon after that this other cop at the front gate pulls me over and tells me to wait, the first cop arrives and gives me a ticket 144klh in an 80klh...6 points,$700 fine,30day suspention or 115 in an 80 pay $142 3 points, So now were in court the other day and the B.S. this cop is telling the court theres no way I can win, But the more he spoke the better my case got , So now I'm looking for others that have the first 3 digets 990 on there plate , if I can show that there are other with these diget I'll win
    Since it seems to have escaped everyone, how fast were you going when you passed the cop?
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  16. #36
    Moderator Rob MacLennan's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by Avi Singh View Post
    Since it seems to have escaped everyone, how fast were you going when you passed the cop?
    I don't know about anyone else, but it didn't escape me. I didn't ask for two reasons; revealing the information in an open forum has the potential to mess up his defence, if he was doing the stated speed, and it isn't germane to his defence. It isn't his burden to prove what his speed was.
    Morally Ambiguous (submissions welcome)

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  17. #37

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    Re: Dirty Badge

    "Never ask a question, unless you know the answer your going to get"
    Last edited by F4i_Guy; 10-15-2009 at 11:34 PM.

  18. #38
    Avi Singh's Avatar
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    Re: Dirty Badge

    Quote Originally Posted by F4i_Guy View Post
    "Never ask a question, unless you know the answer your going to get"
    I would suggest never asking a question unless you're prepared to receive any response.

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