ticket contestation help needed

bass_114

bass_114

New member
hey guys i need your help tonight i just received a ticket which i think is contestable i just wanna know if i am right.

Code de securite routiere c.C24.2 Art:312

Being the driver of a road vehicle and driving on a private property in order to avoid complying with a traffic control device.

so heres my description: i pull into the parking lot with yellow lanes painted on the ground. There is absolutely no warnings, gate or anything saying it is a private parking. so as i drive in the cop pulls me over.

now i want to know what kind of chances i got of contesting this and succeeding while saying there is no identification of it being private property.

heres a pic of the entrance i went through.
pic234.png
[/URL] Uploaded with ImageShack.us[/IMG]

And another picture clearly showing lanes to go through the parking lot.

[URL=http://img251.imageshack.us/i/pic235.png/] Uploaded with ImageShack.us[/URL]
 
Last edited:
Ya pas vraiment de signalisation routière pour indiquer si tu entre dans un chemin privé ou public, sauf peut-être le nom de la rue, ici ya pas d'indication en ce sens ...

C'est quoi la preuve du policier ?

I think I understand your point of the arrows, but this doesn't show a public road.

This is in fact a private road no matter what , your best bet is to say you were driving to the small parking lot ...

L'agent de la taxe doit prouver tout les éléments de l'art du CSR, disons que ce n'est pas un article facile à prouver en cours ...

Tu as le droit d'emprunter un chemin privée pour te rendre d'un côté à l'autre MAIS pas pour bypasser une signalisation.

You can say you were lost or something I guess ... depends really ..

Demande la divulgation de la preuve
 
i will get i case exemple to help you

in your case you are not guilty since the officer didn't wait that you did the infraction.. and intent to do it is not an infraction

to be illegal you would have to cross all the way back to the other road


the case i have is a guys passed into a gaz station to avoid the light but the policie officier stopped him before he was able to get back on the road on the other side

so yes he would have made a infraction but the judge said that the infraction was not yet commited...so not guilty
 
Exactement srt-mod

@Bass_114 : I hope you can read french, if not you can translate the following, it contain the key that will save you from that ticket

[81] L’infraction de tentative n’existe pas en droit pénal provincial. La poursuite débute par le constat d’infraction. L’infraction doit par conséquent avoir été complétée (et surtout constatée !) avant qu’une poursuite pénale quelconque ne puisse être engagée au Québec.
Click to expand...

La rapidité avec laquelle le policier intervient empêche à tout le moins la commission de l’actus reus.
Click to expand...

There you go.

You are NOT guilty, you can win this, good luck.
 
SeCuRi[T] said:
Ca ajoute définitivement de la crédibilité à ce que tu dis.
Click to expand...

C'est quoi tu fait toi sur ce forum à part critiquer tout ce que j'écris ? En complément de srt_mod, j'ai tout donné l'information nécessaire pour que l'OP soit acquitté.

Si au moins tu aurais ammené quelque chose à la discussion, là rien du tout ...

Tu es vraiment pire que "Gorge_profonde" , lui au moins il est capable de d'exprimer et de bâtir ces arguments, alors que toi t'a rien à faire ici. Change de sous-section de MR, ici c'est la section sérieuse, pour les gens qui savent analyser une situation. You fail at both.
 
bass_114 said:
hey guys i need your help tonight i just received a ticket which i think is contestable i just wanna know if i am right.

Code de securite routiere c.C24.2 Art:312

Being the driver of a road vehicle and driving on a private property in order to avoid complying with a traffic control device.

so heres my description: i pull into the parking lot with yellow lanes painted on the ground. There is absolutely no warnings, gate or anything saying it is a private parking. so as i drive in the cop pulls me over.

now i want to know what kind of chances i got of contesting this and succeeding while saying there is no identification of it being private property.

heres a pic of the entrance i went through.
pic234.png
[/URL] Uploaded with ImageShack.us[/IMG]

And another picture clearly showing lanes to go through the parking lot.

[URL=http://img251.imageshack.us/i/pic235.png/] Uploaded with ImageShack.us[/URL]
Click to expand...


1st things first, dont listen to frenk, he's what we could call a "college-know-it-all".

the infraction stated on your ticket,
its NOT the fact of going on private property.
its the fact of passing thru a private property WITH the intention of skipping signalisation (IE: Service Lights, Stop Signs,).
And unless you can prove that you had reason to be on the private property its pretty much a lost cause. Because you were caught ON the property.

The best thing to do, if its actually worth it. Is calling a lawyer, id suggest Francois Cartier (ChaosExpanding) who can go into deeper details with you.

But in my opinion, if there's no demerit points added to the fine.
Its not worth contesting.
 
Unless a lot of people do the same as the OP, i find this bizarre. Going across that parking does not bypass any traffic signe or lights or deveices.
This infraction is intended for those who cut across a parking on a corner or the likes.
Ex cutting across a gaz station so you dont have to wait for the light.
So wich traffic signal did the OP intend on bypassing???
They could ticket anyone driving trough a shopping mall parking lot and not going shopping.
 
Well i guess that nickname fits perfectly with me thank you. My arguments are always based on facts. When a cop arrest you before you do an infraction you are not guilty.

Make it right Next Time ; he do not have to prove he wasnt bypassing trafic light.

Drift_Racer_X said:
1st things first, dont listen to frenk, he's what we could call a "college-know-it-all".

the infraction stated on your ticket,
its NOT the fact of going on private property.
its the fact of passing thru a private property WITH the intention of skipping signalisation (IE: Service Lights, Stop Signs,).
And unless you can prove that you had reason to be on the private property its pretty much a lost cause. Because you were caught ON the property.

The best thing to do, if its actually worth it. Is calling a lawyer, id suggest Francois Cartier (ChaosExpanding) who can go into deeper details with you.

But in my opinion, if there's no demerit points added to the fine.
Its not worth contesting.
Click to expand...
 
frenk said:
Well i guess that nickname fits perfectly with me thank you. My arguments are always based on facts. When a cop arrest you before you do an infraction you are not guilty.

Make it right Next Time ; he do not have to prove he wasnt bypassing trafic light.
Click to expand...

if he wants to prove he is innocent, yes he has to. in court.

your arguments are based on facts ????
LMAOOOO, anybody that takes 10 minutes of his spare time to read your threads or posts, will realise that YOU THINK YOU ARE RIGHT.
while from whats been proven so far, you are wrong at 98% of the time.
 
guys cmon you don't have to fight im just asking for a little help...its my first ticket contesting so i didn't know how it actually works. i taught i had a legit case since it literally got stopped for driving through a parking lot.

i also do have a witness that was with me in the car that can say that was stopped even before i exited the parking lot but i don't know if that helps?

So my question is how would i present my case bring in pics and the article SRT just posted?
 
Just do what SRT and I said. Its your best bet. Good luck.

@ drift : you obviously know nothing about Québec laws. If you would have read all my posts by then you would be an expert.
 
Drift_Racer_X said:
1st things first, dont listen to frenk, he's what we could call a "college-know-it-all".

the infraction stated on your ticket,
its NOT the fact of going on private property.
its the fact of passing thru a private property WITH the intention of skipping signalisation (IE: Service Lights, Stop Signs,).
And unless you can prove that you had reason to be on the private property its pretty much a lost cause. Because you were caught ON the property.

The best thing to do, if its actually worth it. Is calling a lawyer, id suggest Francois Cartier (ChaosExpanding) who can go into deeper details with you.

But in my opinion, if there's no demerit points added to the fine.
Its not worth contesting.
Click to expand...

your are not enterely right

yes it is passing on a private property to avoid sign ect
but to infraction to be effective you have to exit that proprety
unless the driving said specifically that it was is intend
the only proof that the officer has is that you are on a private parking
 
bass_114 said:
guys cmon you don't have to fight im just asking for a little help...its my first ticket contesting so i didn't know how it actually works. i taught i had a legit case since it literally got stopped for driving through a parking lot.

i also do have a witness that was with me in the car that can say that was stopped even before i exited the parking lot but i don't know if that helps?

So my question is how would i present my case bring in pics and the article SRT just posted?
Click to expand...

so you plead not guilty
and ask for la divulgation de la preuve
so you will see the cops version before court date
after that bring pics of were you were stopped by police
and bring my info
that should be enough

unless you forgot to tell us a thing or two :dunno:
 
other than the convo i had with the cop saying that was going to the scotia bank where that yellow car is parked in the second pic near the red circle...and he jsut said "thats not how it works" and when i asked why i was getting a ticket he said because your on private property. the cop stopped me in the middle of the parking lot where the first red circle is.

now to ask for the "devulgation de la preuve" i write it in on the ticket right? when i plead not guilty.

should also ask my witness to come with me to state my case?
 
frenk said:
@ drift : you obviously know nothing about Québec laws. If you would have read all my posts by then you would be an expert.
Click to expand...

seriously, start by finishing school. then maybe we'll talk.
i knew about the laws while you were still in elementary school.... so stfu.
 
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