6262

MAY/JUNE 2016 UPDATE: I'm going to court to fight this in the coming weeks. I've advised my counsel to fight this to the end. I don't care for pleaing down anything. I'm tired for the abuse and harassment that some Toronto Police Services constables induce on normal everyday people that are just minding their daily lives while obeying the rules of the road.

My s2k has been in storage for about 2 seasons, due to kids and busy work schedule. Long story short, I get my temporary 'T' sticker from the ministry of transportation and call my insurance company to turn on my policy yesterday. Today, I was going to bring the car for emissions and print out my temporary insurance slip (which they sent to my email).

I was driving on Mc Niccol going about 60km/hr eastbound. I stopped at the Kenndy Light and made a left turn when it was safe to do so. I finished the turn at about 45-50km/hr and was probably in the mid-high rev range. I continue to drive northbound on Kennedy towards Steeles to goto my office to print the slip and then head up to McCowan/7 to get the emissions done at my mechanics garage. I was travelling 60 when I was going north on Kennedy. I made sure not to exceed the posted limit too much, b/c I was on a temporary plate.

Next thing you know, before I reach Steeles, I get cruiser flashing his lights behind my car...thus I pull over. First thing the officer says is that I'm doing 90 and my car is loud. He ask for my documents and I told him they just turned my insurance on, so I showed him the pdf temporary insurance slip that the insurance company emailed me.

He walks back to his cruiser and comes out after 10 minutes.

He hands me 3 tickets:

1) HTA 74(4) - UNNECESSARY NOISE: I'm running stock oem exhaust with stock catalytic converter. I told the officer this and that the Country of Canada or the Province of Ontario shouldn't allow them to sell this car if they think the stock components are too loud. He didn't seem to give two kahoots and just said, that's what the courts are for.

2) HTA 128 - SPEEDING 89 IN A 60 KM/H ZONE: I was very careful to keep my speed no more than 0-10 km/h over and most of my attention was trying to avoid the small pot holes and imperfections on Kennedy Rd. In fact I was a steady 60 when I was on Kennedy Northbound, the other cars were slow and I was ahead of them, but many people drive 50 or 55 on that stretch of road. For those of you who travel on that stretch of road, you will know the northbound curb lane is full of small pot holes and imperfections (I drive that route daily to goto work, so I know that road real well). I was just trying to get to my office to print out my temporary insurance slip and then goto get my emissions done. Anyways, I told the officer I wasn't doing 90, as he 'said' I was doing and I ask him. 'HOW DO YOU ASCERTAIN I WAS DOING 90?' Then he says he was behind me and said I was doing '95'. I told him I wasn't and I'm getting internally pevved at this point, b/c I was very aware of what I was doing and how fast I was going. I was on temporary stickers, I'm not a fool to do stupid stuff. In any event, he gives me the ticket and I basically feel shafted of my civil rights as I'm being told that I was doing 90-95 when in fact I wasn't. In addition, there were a whole slew of cars travelling in front of me. As you know Kennedy / Steeles is know for slow driving seniors / asians and there were a bunch of these cars in front of me (I was driving behind them just trying to avoid the small pot holes on the road.)

3) COMPULSORY AUTOMOBILE INSURANCE ACT: I told the officer that I just restarted my insurance and they emailed me the pdf temporary insurance slip and will be sending me my pink slip. I showed him the pdf, I think he ignored it and just decided to shaft me again (this one might be within reason if he holds the line and doesn't exercise any discretion).

In the end, I just think he's busting my nuts and making up a speed that I was not really travelling at and also busting my nut even with the stock oem exhaust/cat.

In my eyes, if he said I was doing 8-10 over the limit, which was really all that happened, I could deal with it or if I was really doing 95 in the 60 zone, I would suck it up. But I didn't do what I'm being accused of and he's just nit picking on nothing.

My civil rights and liberties have been abused and we are paying our local tax dollars to get this type of abuse (or atleast I am)....thus I'm ranting....lol

I'm planning to fight this all the way. I don't care if it ends up worse for me, b/c I know the truth and I don't want to get shafted. If this cop shafts me, he'll just keep shafting others that he crosses paths with.

In fact, if I hire counsel, I think the city or the police dept should pay for my counsel cost if I win, otherwise they have nothing to lose by making these outrageous insinuations of how people are driving.

If you have any advice, greatly appreciated.

I've been ticket free for about 8 years, except for another trailblazing officer who said I didn't stop 3 seconds on the right turn at an intersection last dec 2014.

PS. I wish I had everything on dashcam, but I didn't have my dashcam in the car. Then I could hold my own on some of his outrageous accusations. I do have him on audio recording, but that I believe is inadmissable evidence as it was not disclosed to him that I'm recording his voice.

Here is a link of how some constables work the system for personal gain: Court work pays off in massive overtime
Old story, but still has relevance.

zeroptzero

You probably know this, but go to court and plea it down, it is a waste of a day but fight for your rights and you will definitely get things/costs lowered. I don't know how anyone could mistake the oem exhaust for being loud, that is crazy. With all of the robberies murders, car thefts, and general violence in Toronto it amazes me how cops can waste people's time with stuff like this.

6262

I'm pretty sure the paper charge for the insurance slip will get dropped and I'm sure I can tell them that my car has the oem exhaust and that maybe he heard someone elses car, but when I tell them the truth, that I was only travelling about 68-69, but he's telling me that i'm doing '90-95' they might shaft me because they will probably take the officer's word over mine, even though I know the truth and that I'm getting shafted.

s2jizzer

I would get a paralegal, they can request evidence prior to trial so for instance if he claims you were indeed speeding they can request the officers notes and the radar. If they don't produce anything before trial after being requested it gets thrown out. The OEM exhaust ticket is f@#kin bullshit to say the least. In a case like this I would've made a video with the cop car behind you and the exhaust in the video showing that it is OEM and the coo is hanging out with Rob Ford smoking the good stuff. The insurance skip you have 24 hours show proof of insurance to the police and that ticket is thrown out. Just remember cops don't tell you that you are being recorded when they pull you over, I always record them as well, and then proceed to tell them that I have it all recorded once I've proved there knowledge is incorrect on the bullshit reason they have pulled me over.. Clean record for years for being a smart ass and driving like an asshole

6262

Ya, I'm hoping he has video evidence on his cruiser, but some of they don't provide it if they don't think it will help their case. They leave it out, so that when you ask for DISCLOSURE, they rely on their word, which usually carries more weight than a normal person's word.

Like I said, I don't mind paying for full counsel, if the rules were that the police dept pay for my lawyer fees if they are found to be wrong. I think that's how it should be, b/c they will be more careful and cautious about giving out these 'well i think you were doing this speed? or I think your car sounds loud! tickets'

If they want to randomly give out tickets have the force pay for it when they are wrong or have the city pay for the lawyers, since the city is collecting this slosh fund.

The way things are now, they have impunity. They waste your time, make you pay and if you are right, they just say. oh sorry, you were right. we will drop everything. In many jurisdictions, the losing side pays all cost.

kryptonite

I quickly scanned this so I might have missed a couple of things.

I was in a similar situation for two of the three things on there. I got pulled over for a loud exhaust (improper muffler) I conveniently had forgotten my wallet at work that day and didn't have my license or insurance papers with me (I had just gotten my new slips and they were in my wallet)

Step 1, select that mediation option.

1. If it's a stock exhaust and cat - Take pictures - Go to the guy and say hey it's stock, legally sold in Canada all that jazz, they'll drop the charges

2. Speeding - the cop needs to show you proof to my knowledge. If he did not show you going X km/hr on his radar I believe that's an easy thing to fight off

3. Insurance - You're fine again, prove the car was insured at the time with your slip and you'll be fine.

I'd get all three knocked off all together, wouldn't accept a plea. If they won't do it, take it to court. It'll get dropped.

Also request any documents from the regional court house or police station I can't recall. You can do it yourself, no need for a paralegal or anything

s2jizzer

Here is the link to the paralegals I've used since I was 16 (now 23) for the bullshit tickets I know I can't win on my own.

http://www.hwy-law.com

I've only ever dealt with the North York location and can vouch for their knowledge and professionalism in the court and outside. My father had a court date at a downtown court and he was asked to be present and the paralegal showed up in a suit and wasn't a washed up burnout who would just tell you to agree to lesser charge. I've gotten off on failure to stop at stop signs, improper lane changes, improper muffler, cell phone tickets, seat belt tickets, and failure to stop behind doors of a street car.

6262

I went by the police station to ask then about the noise issue. They said an officer can give you a noise violation ticket anytime they think your car is noisy. Apparently it's all subjective. I have this on audio recording. They should have a sound meter and have you Rev up the car to say 50 percent of the redline. Currently it's a free for all based on discretion.

I also think there is gender bias. I'm sure most of the noise violations tickets are give out to males.

I also said the police or city of Toronto should pay for counsellor fees for each case they lose. Just like how it is in other courts. If you waste peoples time and money. You should pay when you are wrong.

starchland

I would document ASAP at a police station that your car was stock on that day and time. How can a stock s2k make any noise at any rpm? By any chance did he hear something else exhaust :s

To me this right away would show the judge incompetency.

darcyw

"officer, i'll see you in court. have a nice day."

darcy