www.flopturnriver.com

Poker Forum

Over 1,246,000 Posts!

Already Registered? Username: Password: Remember Forgot Password
Tweet

snowboard_31 : 1 , Canadian court: 0

LinkBack

Thread Tools

Display Modes

snowboard_31

01-30-2008, 09:21 PM Post subject: snowboard_31 : 1 , Canadian court: 0

#1 (permalink)

Straight

Join Date: Mar 2007

Posts: 206

So today I went and defended myself against a traffic ticket for running through a red light. My prep pretty much consisted of googling fighting a traffic ticket the night before and putting together a defence of necessity. I had hoped/semi-banked on the cop not showing up but apparently thats just a myth. Anyways, long story short I somehow pulled out my A-game and won. The only bad outta it is that the crown prosecutor has said he is going to appeal. So now I need to actually do my shit and be prepared. This just happened this afternoon so as it progresses Ill update with info on how Im going to defend myself, etc, etc.

But basically from what i understand (according to ontario traffic act, seciton 144, sub 18 for refference) running a red light is a absolute liability so I want to understand the prosecutors side so I can defend myself better.

If anyone here can throw hints, help or suggestions that would be dope. The whole process was fascinating and has reasurred my decision to apply to law school next year as I am finishing my 4th year of my honours bachelors commerce.

Brag: Judge told me I was very well prepared and did an excellent job
Beat: I have to go to appeal and maybe my win will get overturned

1. Get a seat to their right
2. Steal blinds at will
3. ...
4. Profit
"It should be a crime to not bet if someone has checked to you twice."
-soupie
"If you can pinpoint a player's range, you can own his soul."
-Bond18

Play for FREE and practice your game at...

Join the FTR Poker Forum to disable these banners and start posting!

DrivingDog

01-31-2008, 12:05 AM Post subject: Re: snowboard_31 : 1 , Canadian court: 0

#2 (permalink)

Full House

Join Date: Jul 2007

Location: UK

Posts: 923

Kinda funny the CP would appeal the decision. It's not like a capital offense or anything. Anyways, good luck with the Supreme Court.

When I was a kid in Canada i had a piece of shit car with a bad head gasket. Cop pulled me over and gave me a ticket for no muffler, even though I explained that wasn't the problem. I took it to court and the cop did show up but he actually contradicted himself under cross-examination from me! In the end, the judge chewed out the CP and cop pretty severely for having no evidence, wasting my time and the court's time, etc. It was sooo sweet. And I got to keep my $50, which I desperately needed for beer back in those days.

"You can fool some of the people all of the time, and those are the ones you want to concentrate on." (George Bush).

gabe

01-31-2008, 12:32 AM

#3 (permalink)

Moderator

Join Date: Dec 2004

Location: trying to live

Posts: 7,964

gabe is an unknown quantity at this point

details of how you argued?

Galapogos

01-31-2008, 12:33 AM

#4 (permalink)

4-of-a-Kind

Join Date: Jun 2005

Location: The Loser's Lounge

Posts: 2,322

I think that's hilarious that the CP is going to apeal. Does he not have more important things going on in the day? Where do you live, Riverdale? <---- nerdy Archies reference

Quote:

Originally Posted by sauce123

I don't get why you insist on stacking off with like jack high all the time.

ChrisBCritter

01-31-2008, 02:29 PM

#5 (permalink)

Full House

Join Date: Aug 2005

Location: Falmouth, ME

Posts: 781

Circumstances around alleged running of the red light offense? What exactly is a defense of necessity?

Hey knucklehead! Bonk!

snowboard_31

01-31-2008, 03:29 PM

#6 (permalink)

Straight

Join Date: Mar 2007

Posts: 206

1. Driving dog gg
2.

Quote:

Originally Posted by gabe

details of how you argued?

I presented the argument that I was presented with a situation of emergent and imminent danger. I went on to argue that I had no other legal alternative than to continue through the intersection and more harm would have been caused if I did not take the action that I did. I also emphasized the prevalence of abnormal and horrible weather and driving conditions through the cops written notes and through hourly environment canada weather reports for the night before and morning of. I was also very fortunate that my very leading and suggestive cross examination questions were answered perfectly by the cop including; Admission that I was driving under 40 km/h (yes km) in a 60 km/h zone and therefore taking precaution for bad driving conditions, that I was possibly apporaching the traffic light when it was yellow not red (important), that if I had slid into the intersection I would have almost surely caused an accident.

Quote:

I think that's hilarious that the CP is going to apeal. Does he not have more important things going on in the day? Where do you live, Riverdale? <---- nerdy Archies reference

I guess so, I could tell that It definately burned the CP's chops after the decision was read. He argued that because it was an absolute liability he had to appeal, thats why I want a better understanding of absolute liability vs. defence of necessity for the appeal. And dont worry Ive got like 100 archie comics stashed in my bathroom somewhere from back in the day. (they make good toilet reading, lol)

Quote:

Circumstances around alleged running of the red light offense? What exactly is a defense of necessity?

Cirumstances, I approached a traffic light on a downslope during inclement weather conditions and could not stop, and in turn made the consious decision to accelerate through the intersection before the vehicles waiting at the intersection were able to enter. I was charged with failing to stop for a red indication traffic light. Basically as I was going down a slope approaching a green traffic light it turned yellow, and I was unable to stop, even while travelling slowly, so I sped up and went through as it was red and the cop was waiting at the red light going down the intersecting street.

The defence of necessity is basically;
Three elements are required for a successful defence of necessity :
1. the accused must be in imminent peril or danger
2. the accused must have had no reasonable legal alternative to the course of action he or she undertook
3. the harm inflicted by the accused must be proportional to the harm avoided by the accused

ProZachNation

01-31-2008, 08:06 PM

#7 (permalink)

Full House

Join Date: Aug 2005

Location: Over there!

Posts: 801

Last night I went out stupidly and the roads were horrible

The entrance to our parking loot is on a slope, I was going maybe ~5mph(coasting) went to stop so I could make a left turn onto the road, and slid down the slope across a street and into the parking lot across the street, having zero control of my car. Was pretty scary cause if there had been a car I would of got t boned.

So I definitely understand your situation.

Quote:

Originally Posted by mrhappy333

I didn't think its Bold to bang some chick with my bro. but i guess so... thats +EV in my book.

Latest Poker News
KoRnholio	05-26-2012, 03:08 PM Australia Legalized Online Poker coming up in next 6 to 12 Months
According to an email sent out by Mark Bryan, a gaming analyst at Merrill Lynch, the Australian government plans to legalize online poker sometime in the next six to 12 months. This move will coincide ... more at Poker Blogs »

« Previous Thread | Next Thread »

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Posting Rules
You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On [IMG] code is On HTML code is Off Trackbacks are On Pingbacks are On Refbacks are On Forum Rules

All times are GMT. The time now is 12:36 AM.

Play Texas Holdem Online, Online Texas Holdem Strategy, & Poker Forum

This is not a gambling website.

Poker Forum

Over 1,246,000 Posts!

Poker Forum

FTR Community

snowboard_31 : 1 , Canadian court: 0

Play for FREE and practice your game at...