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楼主: 春江花月夜
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我今天的上庭经历

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发表于 2006-4-20 21:30 | 显示全部楼层
pls see my comment in the attachment

my comment.doc

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2#
发表于 2006-4-21 10:24 | 显示全部楼层
i remember your story and it is good for you to save $25. but your victory stops here. then it comes up a question: do all your efforts justify the cause? apparently no, you still have to pay $70, plus the  time and troubls you spent in the court. obviously you don't care about the money, time and troubls only "justice". however, do you really have a persuasive argument? it seems to me, no.

if i were the police officer, i would give you another ticket right on the spot for second account-intimidating the other driver by honking the horn. here is my reasoning:

suppose the car before you is a normal car, not a police car, you should not honk your horn even he/she drives only 10 km/h, because there is no minimum speed limit in the city. actually, you have two options: either passing or following the car in front you.

why not give some benefits of doubts to the police? besides, they were on duty. also keep it in mind: police does have privilege on the road, no matter you like it or not.

i sympathize you, so did the judge. but it did not prove that the police did anything wrong when the judge took $25 of your $95 fine.

i disagree one of your statement below i changed the font color in red


good education does not always yield  good personal quality.

Post by 春江花月夜
去年6月的时候我曾经贴过一个帖子,大意是因为有辆警车在马路当中以很低的速度开在马路当中,也没有开警灯啊什么的,我跟了一会因为不耐烦晔不知道她们干什么就按了一下喇叭从右侧超车;2个女警觉得我挑战了她们在马路上的特权,让我停车接受检查。因为想找我碴但又没有借口,最后说我车辆登记证上没有签字而给了我95元的罚单。

我当时很不服,因为我认为是警察滥用权力,而且还声称我要继续和她们“argue"的话可以给我多到1000元的罚单。从那天起我就决定要和她们上法庭,当时有朋友声援,也有朋友人认为我必输,建议我交钱了事。

事隔差不多一年,今天终于有了在加拿大第一次上庭的经验。我向法官称述了当天事发的经过,强调第一我question她们给我罚单的动机;第二我认为她们在路上不应有特权;第三我责问她们的态度和对我的威胁。法官最后说,完全理解我的感受,并且完全相信我所陈述的事实;但因为我确实没有签车辆登记的小绿条,所以罚款要交,但减到了70,并且免去我所有可能要交的其他费用,还另外给60天交钱。他问代表警察出庭的律师(或公诉人有没有意见),那人表示完全没有意见。最后我向他们指出,我认罚我该交的部分,但这是一个典型的警察滥用权力的例子。他们表示理解。

单从今天上庭的经历来看,我认为我赢了。我想借我的经历给大家提个醒:
1. 不要害怕上庭,司法程序是我们在这里生活的一部分;
2. 要保持证据;当时事发后我就写了一个plea,在我得电脑里,上庭前2天自己打印了出来,所以对当天的事情很清楚;
3. 不要对当地的警察有过高的期望,我相信他们中的部分素质远不如技术移民过来的受过良好教育的人们,所以不用和他们argue或试图和他们讲道理(当时我对2位女警没有客气,直接告诉她们你们不要以为你们有特权,咱们庭上见!),反而应该注意保留证据;我想我当天要是用录音(比如MP3或者我得手机录下她们威胁我要给我罚单上至1000元因为我challenge了她们的话),这件事我就不会这么简单了。

鼓励大家拿起武器捍卫我们自己的权力。
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3#
发表于 2006-4-25 22:36 | 显示全部楼层
your jewish friend's story can not be confirmed here either true or false, therefore i don't want to comment on it. however, your idea when to honk the horn is definitely misconcepted. under no circumstances should someone honk the horn unless an emergency occurs. otherwise, it is considered rude and impatient.

it is true that in real life people do it anyway in all kinds of situations, yet it doesn't mean they are right and we should follow.  as for your case, two things are critical, first, it's a police car and they were on duty(the siren does not neccessary have to be on), second, it did not cause any traffic problem, you could just pass without making any fuzz. in light of these two facts, your acusation of abusing power by the police is groundless.

remember that the police is entilted to stop you and check your car registration. your strange behavior just made them suspicious to do so.

your determination of protecting your right is admirable, unfortunatly the  motive was wrong. it is very disturbing and destructive for you to used an invalid case to discredit the montreal law enforement, and it was even worst, you called on others to follow your example.
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4#
发表于 2006-4-27 22:32 | 显示全部楼层
you considered the judge's mercy as evidence to support your cause, and someone even suggested that you could win if you bring the case to court. that is naive. i would say that the chances of winning are almost zero unless the judge treats you above the law. it happens sometimes, like the indian kirpan case.


actually, what really bothers me is not if you win the case or not, but rather the dangerous massage you send out to everyone from your first posting: let's fight agaist the authority.

you are promoting the distrust and conflict between the police and the new immigrants. please be aware that the police are not our enemies, it is the law offenders.

you think going to court is as simple as going to the grocery store. we are all rich, staying home doing nothing, and ready to sue anybody at any time.

you are misleading people, especially the newcomers. going to court should be reserved as the last alternative when we have a dispute.

you hit it right on the nail for your below point. it is not neccesary to wait till i become a policeman, the waiting time for the court hearing is already long enough to take at least one year also, as you know. pointless appeals like yours are to blame.

yet, this is your right. you finally have  hands on experience about what is going on in a canadian court. this is a canadian experince!




Post by 春江花月夜
i
And thanks God Mfeous were not a police. Otherwise there is too much overwhelming work for the court.
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5#
发表于 2006-4-29 16:37 | 显示全部楼层
to be a role model to let others follow, you did far from what you should do. indeed, you did not do anything except trying to waive your $95 fine in the court. this was deemed you were sued by the police by violating the law for not signing the registration certificate. you did not agree and appealed for that decision.

it had nothing to do with what you ultimately want: punishing the two police for abusing the  power.

why not sue the police by opening a file in the court? you brushed aside this question with a perfect excuse: too pre-occupied! you have not tried it out by yourself , how can you guarantee that others will be better off if they follow your sugestion,  if same kind of situation happens again, let alone other cases?


practice what you preach first.

Post by 春江花月夜
感谢各位朋友的跟贴,不管你是赞同我的做法,还是对此嗤之以鼻。

本来是想去投诉这2个恶警,我不会改变我的称呼;因为当时的感受只有我自己知道。但限于各种原因,我确实没有再走下去;发这个帖子只是想给各位曾经或者将会受到不公正待遇的朋友打打气,或给一些新来乍到还不善于打官司解决问题的朋友一点启发,当然那些已经成功融入当地社会,张口闭口都要show off他的学识或给同胞以教育的人是不在此之列的;对于他们,我还不够格。

相反,假如这个帖子确实可以call on others to follow my example,那正是我的本意。
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6#
发表于 2006-5-21 21:14 | 显示全部楼层
Post by tangyuanfang
长久以来对蒙城的警察非常不满!!有事的时候通常迟迟不见他们出现,就会开罚单!!!我们已经收了很多次罚单了,不管什么原因都好,每次都交了,但今天遇到一个事真是太让人生气了!
我们晚上把车停在街边,规定是每天九点到十一点禁停,我们已经按照指示的时候去停了,但今天早上我老公去开车时,刚九点,站在车边上就有一个警察给开了个罚单,居然写了九点零一分到九点零二分!!!!真是离谱得可恨!!那个SB警察简直就是滥用职权!有谁知道怎么才能投诉那个警察?

go to the court. but remember one thing: before judge asks you anything, telll him/her you are from  the mars. i garantee you will get your fine waived.

good luck
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