Our legal system is broken

[Dave_1963]

Can someone tell me what has become of of "legal" system? I am very angry at the way Govt. cutbacks have left low-income people unable to defend themselves in traffic court.

I was stopped for allegedly speeding on March 5th, 2015. I was on my way to Winfeild to get a new set of halogen headlights that a friend was going to give me, as I had 1 burned out headlight. The entire way from Sexmith Rd. right to the Native gas station that sells fireworks, there were 2 semi trucks doing 55-60 Kmh/hour in the slow and passing lane, making it impossible for people to pass. I had tailgaters on my *bleep* honking at me to pass (I know you should not let people honking at you get on your nerves). I finally found a break to pass, which required me to exceed the speed limit for about 10 seconds to pass safely. Of course, there was a cop parked right at the spot where the semis left a passing opening. I was pulled over. No problem with that. My car was immediately impounded. Here I should say that as I was walking away from my car, I turned back and noticed the cop searching my car. I gave no permission for that. Funny thing is, I had 2 Lesbian porno tapes I made for a friend in my trunk, and after the cop searched my trunk, the tapes "magically disappeared". I called the cop-shop asking for my property back, and was told if I called them anymore, I would be charged with "criminal harassment".

This is where the story takes a shocking twist. I drive a 1978 Oldsmobile with 48,000 original miles. Every '70's Olds I have ever driven (owned 4 of them), you can take the key out of the ignition while the engine is running. The cop asked for my insurance and registration, which was locked in the glovebox. I pulled the key out to unlock the glovebox to get the insurance/registration. As soon as I did that, the cop said "Let me see your keys". I handed my keys to him, and he immediately snatched them away saying he was impounding my car for "Faulty ignition". BS. Every Olds I have ever owned, you can take the key out with the enging running. So, car was impounded for 7 days, and cost me 2 1/2 months grocery $$$ to get it back. That fee alone, which I had to borrow, will take me a good 5 years to pay off. I suffer from PTSD and severe (over 60% bone loss), and have been under Dr's care for 20 years. I have a disability discount on my insurance as I had all the documentation to prove my PTSD would get worse if I cannot drive my car (I am afraid of busses as you can't get off, and not allowed to smoke. I am afraid of strangers due to my PTSD). The cop was "nice" enough to ask if I wanted a cab, but with no money, I had to walk 12 miles back home, which screwed my back up for 2 months to the point of not being able to get out of bed. As well, the stress of the fine/impound fee set me back a good 10 years in recovering form the PTSD. I was literally a zombie for 3 months before the stress subsided and I tried to deal with the ticket. I was unable to get to court within the allotted amount of time to fight the ticket in court. At this point, I shoud add that the cop made numerous mistakes...he dated the ticket Feb. 5th, when it was March 5th. He forgot to get me to sign the ticket (which I lost due to the PTSD coming back full-force). I requested a copy of the ticket so I could fight it in court. The cop had added and FORGED my signature on the ticket. Then I noticed he had ordered a full vehicle inspection. On a car with under 50,000 miles, this is BS. He added that the cloth on the roof was loose...fine for that. Back in the 70's when unleaded gas and pollution control came into effect, EVERY garage in Kelowna was advertising to take the pollution control stuff off, including the catalytic converter, and made the gas filler hole bigger so it would fit a leaded gas nozzle.

Now, I am told I MUST install a $3000 catalytic converter (only paid $500 for the car), and just because the carpet on the passenger side is slightly torn, I have to install new carpets! *bleep* kind of cash grab is this? My car has brand new brakes, new radiator, like new steering components (tie-rod ends, etc.). It was factory Ziebarted, so it has no rust. The cop has changed the reason for the impound from "Faulty ignition" to "excessive speed" I researched LIDAR guns, and found they are very prone to inaccurate readings, especially if: The gun is not pointed dirctly at the car, or if your vehicle has "excessive" chrome on the front end (like every other '70's car). I had 1800 pages of documentaion to prove LIDAR readings are highly subject to inaccuracies. Even the suns position in the sky can throw them way off. Also, the LIDAR gun is very sensitive to any movement while the cop is pointing the gun, and it should have a stable mount in the cop car to get an accurate reading. Well, the cop was NOT facing me, he was at a 90 degree angle, and he was holding the LIDAR gun in his hands, not mounted to a stable surface. Even a 1 mm. movement on the cops part can throw the readings way off.

Here is why I say our legal system is broken, and is biased against the poor. I filed a late request to dispute my ticket at a cost of $15 (a weeks food $$$ for me). I put the reason I was late in filing because of my mental illness because that is what I have been treated for the longest. I could have put the osteoporisis as a reason, but because it was only diagnosed a few years ago, I thought the PTSD would suffice as a reason of why I could not fight the ticket.

A week later, I got a copy of my trial notice, and the judge (cannot read his/her name) refused my reason to fight the ticket, without any reason (He/She left the reason for denial blank).

I tried calling legal-aid, but they won't help. There are supposed to be mental health advocates here in Kelowna, but none exist. I have got threatening letters from ICBC saing if I don't pay the fine, they are taking my plates, taking away my BCDL, and towing my car.

I ain't paying ANY fine. I want to go to court, and if I am found guilty, I want to serve time in jail as I cannot afford a fine that will take 20+ years to pay, and I won't pay because that would be admitting guilt. I have even had the cops show up at my house and they said "Well, time to know you are beat, so just pay the fine and shut up". Well, I ain't shutting up.

My questions are: Why is there no way to fight this ticket?
How can a judge who has no access to my medical history destroy my defense with the stroke of a pen?
How can they order a $3000 cat converter when the same law let any service station remove the pollution control stuff LEGALLY?
Why am I not allowed to serve jail time instead of paying a fine?
Why is there no legal assistance to help people who have no $$$ to fight the system if you are falsely charged?
Why did all my other Oldsmobiles pass inspection with the key-out deal?
Why did all my other Oldsmobiles pass inspection with no cat?
Why can the cop steal stuff from my trunk, and when I ask for it back, I am threatened with criminal charges?
How can a cop go back and add stuff/correct mistakes on a ticket? Why can"t I go back and not take the key out with the engine running?
How can a cop forge my sig? I can understand him printing it in, but to write it in handwriting is FORGERY if you ask me!

Our system is totally screwed. I will NOT pay any fine unless I get my day in court. If I am found guilty, I want to pay my fine by serving jail time. It will take me 40 years to pay off all this BS. I doubt I will still be alive. Our system is screwed up, and I guess I will be a martyr and fight back, even though I have no rescources.

PS...I used to respect the RCMP, but after this, they have become "The enemy". BS system!

[Dave_1963]

Well, I guess no-one gives a sh*t that marginalized people have no say in our legal system. I thought being denied my day in court would get some resopnse, but I guess all of Kelowna is so rich, a fine does note screw their finances up for years. Bunch of idiots on Castanet. All I asked for is an explaination of why my rights are being violated. You will see me in the news as I must now commit a indictabe offense just to get a lawyer. Screw Kelowna....bunch of freaking money grubbing jerks!!! I will be in jail soon! I would rather be there than have my basic rights denied. Must be nice to be rich like y'all to be able to hyave the $$$ to file court dates. Bye, non-criminal life! The only way to make it is to become a criminal these days. Sheesh.

[Dave_1963]

*removed*

[LANDM]

Something tells me there is another side to this story.
I'm sorry that you have had a situation where the perception is this horrible but.........there must be more to it.

[Gixxer]

TL;DR

Sounds like victim culture to me.

[brounal]

You can buy catylytic converters very cheap actually like few hundred bucks not sure who is giving you a 3000 buck quote ???
might even be able to find a used one from wrecking yard for cheaper still.
carpets you can get pretty cheap online not sure why you need a new carpet what that has to do with anything to do with vehicle inspection.
Excessive speed how fast were you going when they got you. Over 40k over the posted limit?
Sounds like you really got screwed over here.

[brounal]

you can get converters very cheap off ebay for example but sure can get them locally for not 100 or 200 not 3000! LOL For 3000 could get a full stainless dual exhaust for pretty much any car out there.
Run away from any exhaust shop telling you 3000 bucks for a converter..

http://www.ebay.ca/itm/Catalytic-Conver ... d6&vxp=mtr

[KL3-Something]

In and around the fiction (or delusions) it appears to me like he was the architect of his own demise.

How fast were you going, Dave?

[GordonH]

All vehicles 1975 and after are to be equipped with catalytic converters, those who removed them got rude awakening.

[Dizzy1]

No offense, and please don't take this the wrong way. But it sounds like you have some serious issues you need to deal with, starting with saying you can't take the bus, etc.

Here's the thing, our laws are our laws and are meant to be adhered to and if you fail to comply there are consequences, in this case - fines. To be honest, I don't know the specifics of your car or any actual mechanical/safety deficiencies but every individual who owns a vehicle must adhere to those requirements, period, regardless of your level of income. Just because your car has less than 50000 miles on it, its still almost 40 years old, and it is still subject to mechanical/safety defects just like a 5 year old car with 10000 miles on it.

Cars cost money, a lot of money - if you can't afford to maintain the vehicle and keep it up to code well, that shouldn't be our problem and frankly, we shouldn't have to subsidize others by letting them off the hook or lesser fines while the rest of us have to pay full fare just because others aren't as well off as us.

Sorry to hear about your conditions, but I'm not prepared to subsidize the fines for you.

As for the supposed defects themselves. I'd rather we have mandatory safety inspections for all vehicles every two years and if an officer pulls you over with safety/mechanical concerns, they should then take you to a certified inspection facility to have the concerns validated by someone who is actually trained to do such.

[Hmmm]

Why not setup a gofundme page?

[FreeRights]

I, too, would love to hear the whole story. Because that isn't it - if it were, every human rights lawyer in the province would be fighting over this case.

What I gather from this, is that every allegation that you've brought up, you had the opportunity to influence but for whichever reason, couldn't.

You had the opportunity to go to court. You couldn't make it. The police officer changes the reason of the ticket and forges your name. You lost the original. You apparently had lesbian porn in the vehicle. You don't have any proof.

PTSD is a very difficult illness, and although I'm assuming here, I feel it might be an important part of your allegations. During the time that you were so distraught that you lost the ticket, missed the trial date, etc. did you see a psychologist or a doctor that would be able to provide professional documentation that you were psychologically unfit to do the things that you allege you were unable to do? Having been dealing with it for 20 years, you would know the importance of having medical documentation to back up your arguments. Without that, sadly, our legal system would be more broken if we merely took everybody at their word.

[Tacklewasher]

All vehicles 1975 and after are to be equipped with catalytic converters, those who removed them got rude awakening.

Not entirely true. My 2001 GMC Diesel did not come with a cat (except in California).

Not that this has any bearing on the OP.

[Kelo_Can613]

Looks like Dave's been banned.

[Captain Awesome]

I love Castanet forums for posts like this.