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damn. he should just sue on principle. can't believe they want to put a gag order on it.
~=Big Daddy of the Dope Dragons MC=~
'05 Blue&Silver Hayabusa
If one has an agreement, and and formal release is a part of it with a form of compensation, the agreement is null and void automatically if consideration is not made. No need to wait for the cheque to clear. If there is a default, it is easily actionable.Originally Posted by froghammer
Not a Gag order - a release. Or more fully, a Release of Liability. They want him to agree never to sue down the road for this instance.
A Gag order is a court order banning the printing or publication of specific case information, or even so far as to not to discuss a particular matter.
he's just happy that some action is finally being taken, and he'll recoup his costs; but again, he followed up with his lawyer and his lawyer said that it's no longer a traffic case and it's out of their area of expertise, if you will.
It's the Least I Could Do
This motorcycle is simply too goddamn fast to ride at speed in any kind of normal road traffic unless you're ready to go straight down the centerline with your nuts on fire and a silent scream in your throat.
Moderator
His damages are greater than a towing and impound bill, and legal costs.
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
Moderator
I was thinking more in terms of the costs of having to get around without the use of his license or vehicle, which from the sounds of things wasn't being considered. If you want to go the pain and suffering route though, then there's the damage to reputation. This shouldn't be a payday, but it shouldn't be something that the police nor The Province can laugh off either.
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
Better believe I'd see legal action. Agreed that it does not compensate the headaches in knowing you were right, and having to simply " deal with it ". Let it be a lesson to cops and the bike community.
The problem is that in order to be awarded punitive damages, the claim needs to leave Small claims and get into Superior Court.
however, if one can quantify all their legitimate damages, then a small claims court claim will work, but the max in SCC is $10k.
Officially got the suspension removed from his record. Has the MTO letter and everything to prove it. His $$$ from the OPP are coming by end of month, again confirmed in a letter that he got today.
So that's that folks. Like it never ever happened :-S
It's the Least I Could Do
This motorcycle is simply too goddamn fast to ride at speed in any kind of normal road traffic unless you're ready to go straight down the centerline with your nuts on fire and a silent scream in your throat.
Moderator
Except that it did and there should be no further such events.
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
I'm happy for my friend that he was lucky enough to have everything happen the way it did AFTER he was given the ticket, but, and I mean BUT, what really grinds my gears is, he's been driving for close to 10 years here in Canada, and doesn't have so much as a parking ticket, then one night because an officer claimed he was going 151km.h instead of what he even admitted to doing (130 or so), he had to go through all of this. That to me is the realy frightening thing. Not to mention now they're constantly changing the rules about BAC and want to give PO's the ability to stop you without cause for impairment..... oh boy.
It's the Least I Could Do
This motorcycle is simply too goddamn fast to ride at speed in any kind of normal road traffic unless you're ready to go straight down the centerline with your nuts on fire and a silent scream in your throat.
and that's the reason he shoulda told the cops to go **** themselves on their offer and started calling the best lawyers in this country
your buddy had the best chance to have this entire law over-turned and a big payday for being bent right over
the law was the reason his rights were **** all over, not this useless excuse for a cop
A really good well sorted letter, even if it goes no where still a good thing to let him know nobody is fooled by his rederick
IMO this was an opportunity squandered.
R e a d S l o w l y ! - Children at Play.
Moderator
Perhaps, but not the sort of thing that the average person can afford to put his life on hold for. He'd have needed a great deal of support.
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
True. I personally would have ponied up some money for the cause, I am sure there are others as well. But your right, maybe he was not keen on where to find the resources.
R e a d S l o w l y ! - Children at Play.
I guess it's good news for the person falsely charged, bad news for the rest of us as the police's antics can go on ..... pity.
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