Damages for Excessive Speed Impoundment

I have my court date set for 2 weeks from today. No response to my 4 x disclosure requests. Hopefully I can have it thrown out based on that alone but regrdless I do have a pretty solid case including some dashcam video.

I was hoping someone can help me with two questions, i have researched this quite a bit but can not find any info on it. Once and if I do get my ticket for excessive speeding thrown out does anyone know if there is then an opportunity to go after either ICBC or RCMP to be reimbursed for the tow charges etc etc?

I see that there have been damages awarded for other arbitrary damages when the RCMP has made an error in arrest of confiscation of personal property but nothing at the traffic court level.

Any info or case laws would be greatly appreciated.

Difficult to be Successful

One of the reason why it would be next to impossible to be successful in getting some compensation is:

1) The standard of proof for being convicted of a violation ticket is "Beyond a reasonable doubt" so let's say 99%.

2) The standard of proof required in civil court to get compensation is on a "balance of probabilities" so 51%.

Assuming you have a qualified officer using a device that had been tested properly that day, we are probably well within that 51% range...

Thank you Prudy

However let's say that the officer used a device which has missed 4 factory recalls posted over the last 5 years or at least no record of service being done. Would that be grounds for such an action in your opinion?

No, u crazy?

Where do you think you live? In a free, fair society? Fat chance - you are on a self-imposed farm, so start producing, else the foxes will take your last crumbs.

In all seriousness - I've never heard of anyone getting the impound portion of the costs associated with a dismissed speeding ticket refunded. It is bonkers and completely unfair. Yes - in reality - any police officer can allege excessive speeding and have your private property taken from you, albeit for a limited time, and saddle you up with the costs of the tow and the impound (storage) - the money goes to the tow yard.

It would take a class action law suit to correct this audacious assault on innocent people's right to be made whole. Because this sort of claim would have to go to a real court, which would cost at least $5,000 with a lawyer - all for the ~$700 worth of loss. For a class action the start up costs are estimated $25,000. You would need 35 people to break even. And there is no guarantee that you will win, while your start up capital is guaranteed to be used up.

Next time you see people (or yourself) arguing "think of the children, something must be done, there is carnage out there" think before you support any ludicrous propositions tabled to become law. Your chance to speak out against this was in 2010. People are routinely tricked into arguing against their own interest only to find that they are completely alone when it comes to getting screwed.

@ Outrageous

hahaha...I love people like you....it is always just too late . Sit down and take it. Change is scary don't try it! Just poke fun at ideas and questions

Look around, this is Canada and although not perfect by any means our legal system works and is fair.

Will keep you up to date because believe it or not sometimes it is the principal and not how much it cost and have a look at Ontario cases where there have been several challenges to hold the police accountable for cases like this.

 

I love people like you

Do you? Do you really? Look around is right: passive aggressive responses are truly a Canadian thing.

So go ahead, make my day, sue them and get retribution for all those that have been affected. You'll be the first case in BC if you win.
Set up a GoFund me campaign, I'll throw some money to back you up, not because there's money in it for me - I haven't been towed for allegedly excessive yet, but because we do agree on the core issue that it's not fair.

I'm still waiting on Jasper Lui to bring class-action certification regarding criminal interest by Treo.

But forgive me for not holding my breath. Cynic here. Keep us posted.

Impound Refunds

It took me a bit of searching as the title chosen by the poster said IRP, not excessive speed:

http://www.drivesmartbc.ca/enforcement/police/irp-refund-if-found-not-gu...

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