I'm not a lawyer.. Otherwise I would be "AskALawyer"
Also in traffic matters I AM the Crown (the Prosecution)
What to do when dealing with a traffic stop - leading to a Violation Ticket
Pull over and stop when safe to do so, if unsafe put signal indicator on, slow down, give a thumbs up, and pull over when you feel safe. Warning, the longer you take, could elevate a police officers emotional response (sorry but I'd be lying if I said it doesn't happen.
Drop kickstand, turn off motorcycle, and remove helmet.
Produce all documents requested. Failure to do so already makes for tickets. It's shocking how many people don't have their insurance paperwork or drivers licence with them.
When the officer approaches don't start off with something like "What the F*&^!" Or immediately make excuses. Better off keeping your mouth shut.
Listen to what the officer has to say. Once he/she is finished, and you have a comment or a question, say it politely. (You'd be surprised how little this happens, and how far this might help you).
You are obviously going to be upset with getting pulled over. However getting angry or argumentative will prevent you from listening to what the officer is saying and this might be VERY important to your defence later on.
Most likely after the initial exchange, the Police Officer will return to their Police Car, and do requisite checks on the computer. Don't follow them (Makes a cop nervous, when a cop get's nervous things usually go bad). While Mr/Mrs Police Officer is doing there checks, take some notes (I always keep a pencil and paper in my car/bike in case of accident, or ticket).
You want to write down time, date, weather conditions, lighting conditions, roadway conditions, type of roadway, size of roadway, type of intersection if applicable, traffic control devices if applicable, last sign observed, was it obscured, where was the sun ( in your eyes?), what were the actions of other motorists. Think of questions you would like answered (pertaining to your alleged infraction)
When the Mr/Mrs Law Dog returns carrying that dreaded pad of ticket books. Stay cool, be calm and once again LISTEN. If they offer for you to sign it's not an admission of guilt, it's your choice, and it doesn't need to be signed to be valid. If you don't want to sign stay cool. Remember bad attitudes can get you rewarded with further violation tickets. I recommend taking the ticket with the officers pen and signing it. Ask your questions, they can't leave until they get their pen and ticket book back.
Don't bother with the what's your badge # Bull sh$%, if the officer was being less the professional in your opinion. If you are getting issued a ticket it's located near the bottom left hand corner.
Never say "I will see you in court" or something to that affect. This will only encourage said officer to make extra good notes on their copy.
The goal is to be "The gray man" and be easily forgotten.
Give their stuff back to them, and usually this is their queue to leave.
Depending on the roadway, and your safety, I encourage you to take more notes, about what was said to you, and now that you know what you have been charged with, any other notes that pertain to the situation. Have a camera (cell phone even) take photos of the area from all angles, or photograph whatever it is that caused your issue (traffic light, speed sign). Also take down any witness info, other riders stopped, etc...
Make sure your notes are timed and dated for when they were written. Remember if you dispute the VT, it won't be for another year until court.
Read everything (FRONT AND BACK) fine print included. Many people DONT do this.
Don't throw out your ticket.
Google the section you were charged under I.e Sec 24 MVA BC.
Check the internet, you could also look through "Fight That Ticket in British Columbia" by Janice Mucalov. (I read it to do better prosecutions)
You want a Lawyer?
Many universities also offer legal advice from their law student programs.
The Attorney Generals Website for VT's
If you pay within 30 days, you get a discount.
You can also plead guilty via a form on the internet with a request for a fine reduction. Usually students, with no real income get their stuff knocked down to around $40 that have a decent record.
Now if you are going to fight that ticket and try and stick it to the man.....
PREPARE, PREPARE, PREPARE.
Check your notes
Months ahead of time;
Ask for "disclosure" - write to the Police Officer that issued the VT asking for disclosure, including all notes, diagrams, pictures, or documents they intend to produce or use as evidence for trial.
Check your notes
Come up with a defence...........
Check your notes
Subpoena your witnesses (do this via the court registry) they are YOUR witnesses, so you need to have their information
Check your notes
The big court day. Dress up, don't look like a thug (try and make the image at least that you a mild mannered individual) your best audigier hoody and true religion jeans won't impress the JJP. Turn off your cell phones.
Time to do some wheeling and dealing (unless of course you intend to fight through to an innocent..) Get their early to court, and start looking for your police officer. Get done for excessive speed? throw out an offer of accepting a guilty plee of speeding 0-20km ($109 and less points) You can't lose by asking. If you couldn't find the Copper before trial, you can ask the JJP at the start of your trial for a brief adjournment (like 15 minutes) to speak with the officer (to try a deal).
-Traffic court is normally serviced by Judicial Justice of the Peace (JJP) and are addressed as "your worship". If it happens to be a Judge they are addressed as "Your Honour". Don't what they are, you can ask "Excuse me sir, I don't know what to appropriately address you as your worship or your honour" You'll win big points right there.
NOTE - Your witnesses stay OUTSIDE of the court until you call them in.
LISTENING time again - the officer gets to go first... LISTEN to what they say.
On your cross - don't bother with your treatment or alleged abuses against you by the police officer. It isn't the Police Complaints Commission and they don't care, they only care about the evidence relating to your incident.
Highlight things in their evidence, advantageous to you case.
When it comes your time to give evidence you need to swear (On the bible) or affirm - look it up.
Give your evidence, with your defence, and then the officer has an opportunity to cross examine you.
-You then get to provide summary - usually this is where you highlight how you are not guilty. You need to raise reasonable doubt.
The JJP decides whether you are guilty or not guilty.
Not Guilty - Take care have a nice day, ticket gonzo, good job!
GUILTY - Your driving record may be entered into the court proceedings. This is your last chance at having the fine reduced. (have a good reason) You can also ask for time to pay the ticket (have a date in mind).
If you think you got hosed with a GUILTY verdict - You CAN APPEAL - see the court registry. But this is when stuff goes serious, and you NEED to see a lawyer.