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Hang Up Before You Turn The Key In BC

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5:59 am 5:59 am

For those of you who love to drive and talk on the phone, as of January 1, 2010 in BC, you must do without the talk.

Did you know that in British Columbia you can’t talk and text on electronic devices while driving? Yes, as of January 1, 2010, it’s illegal to use hand-held devices in BC.

Our kindly police officers have said they’ll give us all a break and won’t give out pricey tickets until February 1, 2010. It appears we have a “cooling off” period in BC.

Notice too, that not only do we get a 30 day grace period, but our law is a baby-step process applying to hand-held devices only. Yes, we can still use hands-free devices. Bring on the headsets and voice recognition. Many other jurisdictions enacted the full ban that applied to hand-held and hands-free devices.

The new law prohibiting hand-held devices comes with a price – a ticket price that is. If you get caught using your hand-held device, it’ll cost you $167.

For those learner or novice BC drivers, you can’t even use hands-free devices. The new law mandates that you not talk to anyone except live passengers.

So why the new law that will no doubt impede our driving lifestyle where we evade driving boredom by conversing our entire commutes? Death, destruction, widows, orphans, and injury.

After watching other jurisdictions pass similar laws, our BC government decided to follow suit in Fall 2009, which is when our hand-held-device-while-driving-law was passed.

It’s probably going to be a hard habit for many people to break. We have a bonus month; but I can envision just how difficult it’ll be not to answer that ringing phone while cruising down the highway.

With mobile phones practically becoming the new personal computer, this type of law will probably get drivers to again focus on driving rather than working and being entertained.

Want to find out more about Vancouver criminal lawyer, then visit Dykstra & Company’s site if you’re looking for a criminal driving lawyer.

Traffic Tickets And How To Fight Them

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6:36 pm 6:36 pm

Every traffic court and thus all moving violations bogus. Traffic tickets have nothing to do with justice. It is completely about the traffic court taking your money. The main interaction most men and women have with local government is with the traffic court. You know people who get ticketed. You also know that no one likes the experience.

In order to collect money quicker the court plays a mind game. They set the traffic ticket fine at the price people will pay buy not fight. They set the amount of the fine low enough for people to pay buy not high enough that people will consider taking time from work or school or family to go to court and fight. This is a public relations ploy played by the court that simply hopes people will pay and not bother them.

But if everyone who got a ticket would fight it the system and the game they the court plays would collapse. Or the court would lower the fines to a happy medium to where men and women would just pay off the ticket. The court likes this plan. But take a good look at why all traffic tickets are not valid. You can demonstrate that the traffic court lacks standing, they have no subject matter jurisdiction.

It does not matter the charge against you if the court cannot prove standing. This is a very huge issue and one of the methods to fight a traffic ticket. Realize that a ticket is not a cause of action in the specific legal sense. You must realize that government is created to defend individual rights. Courts, a part of government, are there to defend and maintain the rights of individuals. Thus protecting the rights of individuals is the bases for the court’s jurisdiction.

So a plaintiff to have standing in an American court has to allege the violation of a legal right. Of course they do not like to hear this in a traffic court. The court must show personal injury by the plaintiff. So is the police officer who issued the ticket showing personal injury? Does the prosecutor show personal injury of the so called plaintiff? No.

Subject matter jurisdiction must be based on the violation of the right of an individual. Because there is no personal injury the traffic ticket has no validity. Also, another way to fight a traffic ticket is to question the credibility of the witness. This is called impeachment of the witness.

The ticket issuing officer is almost always the only witness in your court case. If you can impeach him or her that witness testimony is inadmissible in court because of the lack of credibility. You only have to ask the witness two questions to do this. You hand the officer the copy of the ticket and ask if the cop filed a valid cause of action against you. He or she will have to say yes or the case must be dismissed.

Your second question is to pose to he witness how many elements are there in a valid cause of action. The prosecuting attorney will then object because the witness is unqualified to respond to the question. The court sustains the objection and you will have demonstrated that the officer is unqualified to testify. Perhaps you may not prevail with this strategy but is one of the methods you can use to fight your traffic ticket.

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