Exposing Fascism I was pulled over for no good reason
I questioned the police officer: Why are you pulling me over?
The police officer stated that he pulled me over for not wearing my seatbelt even though he could see in clear view I was wearing it while he stood by my vehicle door questioning me. When I pulled on the strap to show him I was wearing it, the ton in his voice then changed to one where he was now talking down to me
He asked me for my license, vehicle registration and insurance slip.
As I looked for these papers, I was further questioned. “Have you consumed any alcohol?” I gave an honest answer that “caused me aggravation – I should have lied”. I said I had a beer about half an hour ago.
The police officer then informed me that I would now have to exit my vehicle and enter his to perform a Breathalyzer test. A debate began and I told the officer he was infringing on my rights. [Yes there are new “lesser laws” that state that I would have to do this test or refuse and pay a visit to the police station – these laws are the ingredients for a police state. The police officer could very well see that I was not at all intoxicated.]
My out of town friend was the only reason I did not follow through with the trip to the police station which would have allowed me ample time to lay into police officers who were exercising fascism while I documented the whole thing. I agreed to the test.
Before I left the vehicle and by the time our debate ended, I had only supplied the officer with my license and an expired insurance slip which was located in the same area as my license. “I asked him whether or not he wanted the rest of my papers which he only gave me a minute to look for in the dark ‘while I was debating with him’”. His exact response was “Don’t worry about it, we’ll take care of it later.”
I was illegally searched before entering the police vehicle. [Section 8 of the Canadian Charter of Rights and Freedoms (Laws above all other Written Laws) entitled "Search or Seizure", States: "Everyone has the right to be secure against unreasonable search or seizure."] I gave the officer absolutely no good reason to search me.
I took the Breathalyzer test and past it.
I was then handed $290 in fines for doing NOTHING WRONG. Fines for: Not wearing a seatbelt; not providing vehicle registration; and not providing proof of insurance.
The time on "all three tickets" was 8:25PM - daylight time, not late evening time. This would be deception of the facts and taking away my defense on ALL three tickets.
June 14 2004
On this evening at approximately 10:15 PM, I was traveling to a local pub with a friend visiting from out of town.
The vehicle I was driving in was a 93 red Ford Aerostar with tinted windows. The rear side and back windows had decals all over them advertising my tax reduction programs.
At the last light/intersection before the pub, police lights came on behind me just as the intersection lights turned green and I made my left hand turn heading west.
In the next 15 minutes, the following occurred:
The circumstances surrounding this incident should clearly send a message to everyone who spends one minute of every year in silence for our fallen war dead – that message is: They died in vain!
Even though I am no lawyer or a fast talking smart guy, I went to court and challenge the police officer on the charges (needless to say, I was nervous and pretty rough around the edges on representing myself). He didn’t show up in court the first time – I could have had it thrown out, but didn’t. [************ this line removed for legal reasons ***********]. You be the judge! I will point out some of the key events that took place in the courtroom and at the time of the event itself. I have made the full transcript available for viewing.
IN COURT HIGHLIGHTS:
It is important to point out that most people don't show up in court and fight tickets or infractions against them. I think it is sad that most people are incapable of defending themselves in a court of law and have to shell out a lot of money to have someone else do their talking for them. From what I have seen, it is all fast talk and bullshit that come out from both sides when lawyers and prosecutors are running the show.
My Plan: Go in questioning the police officer on the time of the event and finding out what his motive was when he intentionally wrote the wrong time down "on all three tickets". And, state how the police officer didn't even give me the benefit of doubt on the matter with the seatbelt. It was dark out and I had tinted windows loaded with advertisement decals. In regards to not supplying my papers... he told me not to bother with them. The passenger I had with me was my witness to this. This is how it went...
As procedure goes, the police officer took the stand first. Referring to his notes "they're before me today in black ink" he stated. The time of the incident led to the one and only amendment which I agreed to because that was the time - 10:25PM. From there on in it just went down hill for me. [************ this line removed for legal reasons ***********].
1) He stated that he "observed two maroon coloured straps of the seatbelt assembly". You can see from the picture of the vehicle supplied on this site that there is "absolutely no way" that you can tell the colour of the seatbelts through the rear windows even in daylight.
2) He stated "... prior to him stopping, I observed the male driver of the vehicle pull the seatbelt assembly across his chest, starting from his shoulder and then downward, diagonal manner; pulled the buckle across his chest with one of the straps." [************ this line removed for legal reasons ***********].
3) He stated "Prior to my departure I had the accused again fasten his seatbelt in a secured matter. I observed the male portion and female portion lock tight and heard a click at that time and I was satisfied that the seatbelt was in good working order."
I'd like to know when he wrote this into his notepad? This just didn't happen. What did happen was that I took the tickets out his hand and rolled up my window in disgust. I then looked them over [as he walked away] for a moment with my friend and we were both surprised that there were tickets for "not providing insurance and registration papers" in which I was told "not to worry about". We then drove off (I was not wearing my seatbelt at this time). What is going on here? He is building up his side with a bunch of "bullshit". And I must add, he said he "observed the male portion and female portion lock tight" ...the only way he could have seen that if it did happen, was if he had his head between the 2 seats or if he was sitting in the backseat. From where he was standing, it was an impossible angle to view the buckle lock.
4) When asked by the prosecutor if he provided me with a reasonable amount of time to supply the vehicle papers, his reply was "I believe so. I was with the accused party for more than ten minutes." That ten minute span is true, but he failed to tell the court that we debated whether or not I should leave my vehicle to enter his for a bogus Breathalyzer test and that when I agreed, he told me to step out of my van. It was at that point that I asked him "What about my vehicle papers?" The exact answer he responded with was "Don't worry about it, we'll take care of it later." The time frame from the moment I began looking for the papers to that statement was about one to one and a half minutes. And in that time span I was debating with the police officer about submitting to the Breathalyzer test. Meaning I wasn't even focused on finding the papers.
Note: In the short time frame of me looking for my papers, the papers would have been provided if the police officers assisted with my search for them by shining their flashlights into the glove box where I was looking at one point, instead of pointing them in our faces from time to time and blinding us.
5) Location. I have omitted this one as the officer was correct. The incident happened on the border of two regions. I had originally believed that the incident happened in the Region of Halton, that was one block over.
6) In closing statements by the prosecutor, she stated in the matter of the police officers statement... "Very clear testimony, Your Worship. It does come down to 'credibility'. I ask the court to 'prefer and rely on the officer's testimony' with respect to the issue of the seatbelt and enter a conviction on all three matters."
"Credibility" ...we have approximately one quarter of a million police officers in Canada [************ this line removed for legal reasons ***********]. we, the People, have no credibilty?
In conclusion: [************ this line removed for legal reasons ***********]. He writes down 10:25PM in his notebook and 8:25PM on not one, but three (3) tickets. How can that be? He obviously was taking my only defense away from me [the darkness] without thinking that I would have witnesses to the whereabouts of where I was at the time stated on the tickets. 2) He gave incredible details of the interior of my vehicle while sitting behind me in his cruiser. He went as far as stating the colour of the seatbelt -- this is absolutely impossible, even in daylight. He lied under oath like I believe many police officers do... classify that as "criminal behavior". Not to mention the incompetence. I can only imagine how the facts in a much more serious case gets distorted by the large number of ego maniac cops on our police forces.
The decision by our public servant [the Justice of the Peace, addressed as "Your Worship"], was a surprising one. I expected to lose the seatbelt charge (the most damaging one) and win the two others. I failed to present my witness statement, which I had with me, verifying what the police officer said about not worrying about supplying the vehicle papers [I was nervous and unskilled in defending myself]. I had the seatbelt charge dropped and the other 2 fines reduced. A victory most would say.
In disgust of what had happened in court; my failure to produce the statement; the fines that I still had to pay; the unacceptable behavior of the police officer; and most of all, my right to make a statement and take a stand [************ words removed for legal reasons ***********]. is why I have appealed. It's costly, but necessary. Appeal was in Novermber 2005.
Description of the actual incident and what transpired in court
November 2005 Appeal
Response from Formal Complaint
Taking Action with Questions
The Response to My Questions
Final Phone Call They REFUSE to answer my questions. Click and Save Audio File