Can an off duty officer issue a ticket in BC

BigBen · 09-25-2003

Hi There,

Is this legal in British Columbia?

Can someone please tell me if an off duty police officer in a private vehicle can issue a speeding ticket 6 hours after the so called speeding voilation.

I was not stopped by anyone at the time of the so called event.

The officer came to my house 6 hours later and issued me with a ticket.

I live in British Columbia Canada and intend to fight this ticket.

Thanks for your help.

Big Ben

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mrad55 · 09-25-2003

Sounds rediculous to me. He must be a pretty hardcore cop. You'll probably be able to get outta this ticket.

Drnknmnky13 · 09-25-2003

WTF??? HAAAAAAAAAA I don't know how the laws work in BC but that better not be legal. ....on a side note I think you should be able to pull over cops that speed or don't use thier turn signals.

Narc · 09-25-2003

Unfortunately for you, yes he can. If you're planning on fighting the ticket with the fact that he was off duty as your defence, you better rethink your plan of attack.

Truth is, he can issue a ticket 30 days after the offence.

My advice to you (and I have given this defence advice before) is to get a court date and make a request for disclosure. You will get a copy of his notes.

Certain angles you may want to try is when did he make his notes, are the notes he made the original notes, etc.

The best defence you might have is identity. Do you have tinted windows? Do you have a brother who resembles you and may have been driving your car? Remember that as the officer did not stop you at the time, he must prove beyond a shadow of doubt that it was you who was driving.

BigBen · 09-25-2003

Hi Narc,

What about, I ask when she had her vehicle speedometer verified as being accurate as this was a private/personal Nissan Pathfinder and how does she know what speed I was doing.

If she does not show that her car was accurately displaying the correct spped how can she say I was speeding?

Big Ben

Narc · 09-26-2003

Hey thats a good angle. I would ask the officer what year the vehicle is, maintenance fequency, if the tires where in good condition, if the tires have ever been replaced-if so what tire size are they ? What were the size of the original tire? if the spedometer has ever been calibrated. Ya da ya da.

I dont want to fill you with a false sense of security, but there's always a defence strategy. If it goes to trial, i'll bet you'll lose but that is never a reason to roll over and take it.

Best of luck brother.

Quote - "If she does not show that her car was accurately displaying the correct spped how can she say I was speeding?"

She may have paced you doin say 100, and only given you 80 over. So even if the spedometer was slightly off, she still gave you the benifit of the doubt. Still arguable, but prepare for the worst.

BigBen · 11-28-2003

Hey Narc,

Who do I ask for the disclosure. I have a court date. Do I call the RCMP as the courts house said it had nothing to do with them.

Cheers,

Ben

Narc · 11-29-2003

To be honest, I dont know. I always assumed the request was made through the courts.

Only advice I can give here is call the courts and ask how to do it. Sorry Ben.