cnews
By CHRIS MORRIS
FREDERICTON (CP) - When a 23-year-old university student from New Brunswick decided to go to court to fight a $400 speeding ticket, she knew it was a long shot.
"I figured I had nothing to lose and everything to gain," says the student, who asked that her name not be published to avoid problems with her insurance company.
"People told me to fight it. There was a chance the police officer who gave me the ticket wouldn't show up. I thought it was worth a try."
While driving from Fredericton to Halifax last October, she was charged with going 138 kilometres an hour on the divided highway leading to Halifax, on a stretch where the speed limit drops from 110 to 100.
The student had a friend in Halifax enter a not-guilty plea on her behalf. With the trial set for June, she asked for a later court date in August, when she would be visiting Halifax.
The Crown prosecutor's office didn't think there would be a problem with the August date, but when they notified the RCMP officer who issued the ticket, he said he no longer had the information he needed for the case.
The charge was dropped and the student was home free.
"The fine would have been bad enough," she says, still smiling at her good fortune.
"But I was really worried about my insurance. It would have been ugly."
Experts in the business of challenging motor vehicle infractions say the student is part of a growing trend in Canada: people who object to or simply can't afford the ballooning costs associated with traffic violations and decide to fight the charge.
While cash-strapped provincial governments are steadily increasing fines and fattening their coffers, insurance companies are also realizing windfalls as many convicted motorists are forced to shell out significantly higher premiums.
"Traffic tickets are no longer simply subjects for humorous, after-dinner conversations," says Brian Lawrie, president of POINTTS, a Toronto-based paralegal firm that employs former police officers, prosecutors and even former traffic court judges to help drivers fight tickets.
"People realize the ramifications of these tickets are substantial."
In New Brunswick, the Conservative government will realize an additional $6 million annually from its recent decision to hike fines, including doubling the take for motor vehicle violations.
The fine for not wearing a seatbelt or creeping through a stop sign jumped Aug. 1 from $84 to $168. Major speeding tickets went from $300 to $600.
Justice Minister Brad Green has no sympathy for people who complain it's too much. He repeats the government mantra when it comes to soaring fines: it's the motorist's choice.
"Anyone who is obeying the law and not breaking the law doesn't have to worry," he says. "It's not going to cost them anything."
Ian Tootill of SENSE, a non-profit citizen's group formed several years ago in Vancouver to fight the use of photoradar, says governments are being disingenuous.
He says many highway speed limits are set too low while at the same time cars are becoming faster and safer to drive.
He says catching speeders these days is like shooting fish in a barrel - a sure revenue generator.
"I think it's a giant rip-off and I think people should fight it," Tootill says.
"I fight all the tickets that I think I don't deserve. I've won once or twice. I'd never advocate going to court and lying or anything like that, but people should go to court and fight something they believe is wrong."
There are no reliable statistics relating to ticket challenges in Canadian courts.
Lawrie, whose company has offices in Ontario, Manitoba and Alberta, says he believes roughly one-third of people pay the fine; another third shove the ticket in the glove compartment and hope it goes away while another third get mad and decide to challenge the ticket.
"Before people would take the ticket and think, 'I wasn't travelling that fast but it's more trouble to fight it than it is to just send in a cheque," says Lawrie, a former Toronto police officer.
"Now they are not so inclined to do that. They are more inclined to go in and challenge the evidence the officer gives."
Lawrie says people have to be properly prepared when they go to court.
He says the New Brunswick student was just plain lucky she didn't have to actually go to court, clinging to the faint hope that the police officer wouldn't show.
Lawrie says people can't assume police officers will miss scheduled court dates, although it does happen.
"A police officer who doesn't show up without good reason is subject to disciplinary proceedings," says Lawrie.
"The chance of the officer not showing up is pretty slim."
He says people stopped for a traffic offence should take note of the surroundings, especially the volume of traffic, weather conditions, visibility and locations of speed limit signs.
He also advises people to make sure they never confess to police officers, who usually approach motorists with the loaded question, "Do you know why I stopped you?"
"Say 'No,"' Lawrie says. "In fact, you don't know why you were stopped. You may suspect it was because of speed or you didn't stop at a stop sign. But he could be looking for a bank robber who drives a similar model car. So when a police officer approaches you it's best to be truthful and just say 'No."'r
Tips for challenging traffic tickets:
-Be polite and courteous when stopped by a police officer. Don't argue; don't admit guilt.
-Take note of surroundings, including volume of traffic, weather conditions, road signs. Write down observations.
-Once court date is set, request full disclosure of prosecution evidence, including officer's copy of ticket, the kind of speed measurement device used and officer's training record for that device.
-In court, ask officer why he thinks your car was the vehicle picked up on radar. The officer must have visual estimation of speed before using radar to confirm it.
-Avoid situation in first place by obeying all traffic laws.
By CHRIS MORRIS
FREDERICTON (CP) - When a 23-year-old university student from New Brunswick decided to go to court to fight a $400 speeding ticket, she knew it was a long shot.
"I figured I had nothing to lose and everything to gain," says the student, who asked that her name not be published to avoid problems with her insurance company.
"People told me to fight it. There was a chance the police officer who gave me the ticket wouldn't show up. I thought it was worth a try."
While driving from Fredericton to Halifax last October, she was charged with going 138 kilometres an hour on the divided highway leading to Halifax, on a stretch where the speed limit drops from 110 to 100.
The student had a friend in Halifax enter a not-guilty plea on her behalf. With the trial set for June, she asked for a later court date in August, when she would be visiting Halifax.
The Crown prosecutor's office didn't think there would be a problem with the August date, but when they notified the RCMP officer who issued the ticket, he said he no longer had the information he needed for the case.
The charge was dropped and the student was home free.
"The fine would have been bad enough," she says, still smiling at her good fortune.
"But I was really worried about my insurance. It would have been ugly."
Experts in the business of challenging motor vehicle infractions say the student is part of a growing trend in Canada: people who object to or simply can't afford the ballooning costs associated with traffic violations and decide to fight the charge.
While cash-strapped provincial governments are steadily increasing fines and fattening their coffers, insurance companies are also realizing windfalls as many convicted motorists are forced to shell out significantly higher premiums.
"Traffic tickets are no longer simply subjects for humorous, after-dinner conversations," says Brian Lawrie, president of POINTTS, a Toronto-based paralegal firm that employs former police officers, prosecutors and even former traffic court judges to help drivers fight tickets.
"People realize the ramifications of these tickets are substantial."
In New Brunswick, the Conservative government will realize an additional $6 million annually from its recent decision to hike fines, including doubling the take for motor vehicle violations.
The fine for not wearing a seatbelt or creeping through a stop sign jumped Aug. 1 from $84 to $168. Major speeding tickets went from $300 to $600.
Justice Minister Brad Green has no sympathy for people who complain it's too much. He repeats the government mantra when it comes to soaring fines: it's the motorist's choice.
"Anyone who is obeying the law and not breaking the law doesn't have to worry," he says. "It's not going to cost them anything."
Ian Tootill of SENSE, a non-profit citizen's group formed several years ago in Vancouver to fight the use of photoradar, says governments are being disingenuous.
He says many highway speed limits are set too low while at the same time cars are becoming faster and safer to drive.
He says catching speeders these days is like shooting fish in a barrel - a sure revenue generator.
"I think it's a giant rip-off and I think people should fight it," Tootill says.
"I fight all the tickets that I think I don't deserve. I've won once or twice. I'd never advocate going to court and lying or anything like that, but people should go to court and fight something they believe is wrong."
There are no reliable statistics relating to ticket challenges in Canadian courts.
Lawrie, whose company has offices in Ontario, Manitoba and Alberta, says he believes roughly one-third of people pay the fine; another third shove the ticket in the glove compartment and hope it goes away while another third get mad and decide to challenge the ticket.
"Before people would take the ticket and think, 'I wasn't travelling that fast but it's more trouble to fight it than it is to just send in a cheque," says Lawrie, a former Toronto police officer.
"Now they are not so inclined to do that. They are more inclined to go in and challenge the evidence the officer gives."
Lawrie says people have to be properly prepared when they go to court.
He says the New Brunswick student was just plain lucky she didn't have to actually go to court, clinging to the faint hope that the police officer wouldn't show.
Lawrie says people can't assume police officers will miss scheduled court dates, although it does happen.
"A police officer who doesn't show up without good reason is subject to disciplinary proceedings," says Lawrie.
"The chance of the officer not showing up is pretty slim."
He says people stopped for a traffic offence should take note of the surroundings, especially the volume of traffic, weather conditions, visibility and locations of speed limit signs.
He also advises people to make sure they never confess to police officers, who usually approach motorists with the loaded question, "Do you know why I stopped you?"
"Say 'No,"' Lawrie says. "In fact, you don't know why you were stopped. You may suspect it was because of speed or you didn't stop at a stop sign. But he could be looking for a bank robber who drives a similar model car. So when a police officer approaches you it's best to be truthful and just say 'No."'r
Tips for challenging traffic tickets:
-Be polite and courteous when stopped by a police officer. Don't argue; don't admit guilt.
-Take note of surroundings, including volume of traffic, weather conditions, road signs. Write down observations.
-Once court date is set, request full disclosure of prosecution evidence, including officer's copy of ticket, the kind of speed measurement device used and officer's training record for that device.
-In court, ask officer why he thinks your car was the vehicle picked up on radar. The officer must have visual estimation of speed before using radar to confirm it.
-Avoid situation in first place by obeying all traffic laws.
